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24 law lAw Treating children – the legal implications The law Reform Commission’s consultation paper on Children and the law: Medical Treatment has implications for the practice of pharmacy. The law considers children to be persons under the age of 18. The law Reform Commission makes over 20 provisional recommendations for reform. This is a first step in the long journey to becoming law. The paper notes the fact that there is no explicit statutory definition of what constitutes ‘medical treatment’ or ‘healthcare’ and recommends that, in the context of determining the scope of consent to medical care and treatment, a broad definition of Maintain a healthy life... The only Effervescent drink with the power of 20 sun ripened oranges and Glucose in every tablet Talk to your local Pharmacist today and ask how RUBEX can help to defend your immune system from colds and fl u these terms should be used to encompass diagnosis and treatment (of course this includes pharmacological treatments) and invites submissions on the form of these definitions. Pharmacists are welcome to forward their opinions on the matters arising in this area of the Commissions work to the law Reform Commission and they will be received graciously and with great interest. The law Reform Commission provisionally recommends that: ...with Rubex is used for the prophylaxis and treatment of ascorbic acid defi ciency. CorM AC o’NeIll issue 10 volume 12 • novemBeR 2010 Cormac O’neill is a barrister practising on the Dublin and South Western circuits. He is also a chartered management accountant with considerable experience in industry and banking. In addition, Cormac lectures on Business and law in the Institute of Technology in Tralee and can be contacted on 087 657 1124. 1. 16 and 17 year olds should be presumed to have full capacity (based on a functional test of understanding) to consent to, and refuse, medical treatment. This should apply to surgery and access to contraception. The latter being of direct interest to Irish pharmacists as they are charged with dispensing contraception. 2. It should be provided in legislation that a person who is 16 years of age is presumed to have capacity to consent to and refuse healthcare and medical treatment. In the context of refusal of life sustaining treatment, it provisionally recommends that a 16 year old may make a High Court application to have his or her purported refusal appraised. It also provisionally recommends that children aged over 12 years of age but less than 14 years of age may not be regarded as being capable of refusing medical treatment and therefore any person of this age who refuses necessary treatment will be treated none the less. 3. A 14 or 15 year old person could be regarded as capable of giving consent to healthcare and medical treatment, provided he or she has the capacity to understand the nature and consequences of the treatment being provided, and subject to the following conditions: a. In the opinion of the medical practitioner, the patient understands the nature and consequences of the proposed treatment; b. The medical practitioner must encourage the patient to inform his parents or guardians; c. The medical practitioner must consider the best interests of the patient; and d. The medical practitioner must have due regard to any public health concerns. There is obviously plenty of scope for conflict to arise with regard to the above guidelines. not only is the decision a pharmacist faces in this area an ethical one it may also be a legal one. 4. It would be lawful for a healthcare professional such as a pharmacist to provide healthcare and medical treatment to 12 and 13 year olds provided that: a. The medical practitioner must notify the parents or guardians of the child and take account of their views; b. The medical practitioner must take account of the views of the child in question; c. The medical practitioner must consider the best interests of the patient, the pharmacist should bear in mind that some patients need to be protected from themselves; and d. The medical practitioner shall have due regard to any public health concerns. Therefore, if the disease will infect others if it is untreated the public health concerns must be addressed and accounted for in the pharmacist’s decision. 5. It should be provided in legislation that a person who is 16 years of age is presumed to have capacity to make an Advance Care Directive. 6. The Mental Health Act 2001 be amended to make separate provision for people under 18; that all persons under 18 who are admitted and treated under the Mental Health Act 2001 should have access to an independent advocate; and that a Mental Heath Tribunal (with an age appropriate focus) should hear from such an advocate at the earliest possible opportunity.
Back in theArena Clonmel Healthcare has signifi cantly reduced the prices of its generic prescription branded medicines and continues to offer savings to healthcare professionals and patients alike. Trusted partner with over 40 years healthcare experience in Ireland Extensive product range including single source offerings for niche therapy areas Fastest growing Top 10 OTC healthcare company in Ireland. Ref: IMS June 2010 2010/ADV/GEN/097
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