PHARMACY PHARMACY - Ontario College of Pharmacists
PHARMACY PHARMACY - Ontario College of Pharmacists
PHARMACY PHARMACY - Ontario College of Pharmacists
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Can I date my "patients"?<br />
sexual abuse prevention plan questioned<br />
Dear Editor,<br />
I have read the article “Document provides guidelines for interaction with patients” on page<br />
12 <strong>of</strong> Pharmacy Connection, Sep/Oct 2000. I am concerned with the sentence,<br />
“This Plan applies to conduct with all patients, irrespective <strong>of</strong> their consent for a pharmacist's<br />
conduct to be otherwise.”<br />
This is troublesome for me. I live in a small town. I assume that there<br />
are two definitions for a patient. The first one is a person for whom I have<br />
filled prescription(s). The second one is a person to whom I have provided<br />
pharmaceutical care. So, if I counsel a person on how to use a cough/cold<br />
medication, I cannot date this person. Odds are, I have counselled most<br />
people in this town on cough/cold products.<br />
I remembered reading in the November/December 1995 issue <strong>of</strong> Pharmacy<br />
Connection an article titled, “Sexual Abuse Prevention Plan and Dating<br />
Guidelines,” which is on page 19-20. This article gave an example <strong>of</strong> a<br />
waiver that allowed a pharmacist to date a patient.<br />
Is this waiver still valid? Should I move to a city in order to protect my license?<br />
Yours truly,<br />
Roman Moretti, B.Sc.Pharm.<br />
(Please see Q & A below for response)<br />
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Q & A<br />
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Patient Relations<br />
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Tina Langlois<br />
B.A., L.L.B., CAE<br />
Manager Legal Services/<br />
Patient Relations Programs<br />
Can I date my "patients" if I<br />
have them sign a waiver?<br />
The Regulated Health Pr<strong>of</strong>essions<br />
Act (RHPA) makes it an act <strong>of</strong> pr<strong>of</strong>essional<br />
misconduct to engage in<br />
sexual contact with patients regardless<br />
<strong>of</strong> consent.<br />
The Patient Relations Committee<br />
(PRC) <strong>of</strong> the <strong>College</strong> defines a<br />
patient as someone for whom you<br />
have a patient pr<strong>of</strong>ile. This definition<br />
<strong>of</strong> "patient" was chosen because<br />
pharmacists cannot be expected<br />
to remember exactly whom<br />
they counselled on nonprescription<br />
products and whether their names<br />
were recorded or not. In the situation<br />
you describe, this could include<br />
a person for whom you have filled<br />
a prescription or for whom you<br />
have provided pharmaceutical care,<br />
depending upon your policies regarding<br />
documentation.<br />
You are correct in stating that<br />
in 1995 the Patient Relations Committee<br />
issued a waiver that attempted<br />
to inform the patient <strong>of</strong> the issues<br />
regarding confidentiality and deal<br />
with the particular concerns <strong>of</strong><br />
practitioners in remote areas who<br />
wished to commence personal relationships<br />
with patients. It should<br />
be noted that even at that time, it<br />
was stated that the waiver did not<br />
make the relationship risk free.<br />
Five years later the issue <strong>of</strong><br />
consent as it relates to these provisions<br />
<strong>of</strong> the RHPA is the subject <strong>of</strong><br />
court action and we are awaiting<br />
the court’s clarification.<br />
The <strong>College</strong> has also asked the<br />
government to clarify this issue as<br />
part <strong>of</strong> its five-year review <strong>of</strong> the<br />
RHPA because <strong>of</strong> the uncertainty<br />
<strong>of</strong> practitioners. Until we have more<br />
answers, there is no real way, short<br />
<strong>of</strong> severing your patient relationship<br />
prior to commencing a personal<br />
one, to absolutely avoid the application<br />
<strong>of</strong> the Act. We will keep<br />
members advised as we are made<br />
aware <strong>of</strong> developments in this area.<br />
<strong>PHARMACY</strong> CONNECTION Nov/Dec 2000<br />
5