Patients deserve care that is respectful, inclusive, non-discriminatory, and complies with accessibility and human rights legislation. The new Human Rights Policy, approved at the December 2024 Board meeting, is intended to clearly outline how pharmacy services must be provided to meet these requirements.
Here are some key things to know about the Human Rights Policy
It brings together existing expectations in one place.
The policy reflects federal and provincial legislation (including the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act), the Standards of Practice and the Code of Ethics. It has been informed by research, pharmacy professional perspectives, and recent court cases.
It clearly outlines our expectations of pharmacy professionals.
The policy addresses the duty to provide services free from discrimination, the duty to accommodate and how to manage conscientious objections in the pharmacy.
It emphasizes the importance of a safe and trusted registrant patient relationship that is free of discrimination.
Certain actions can undermine the registrant patient relationship and the trust required to provide effective care. For example, expressing personal moral judgments about patients in a demeaning way, relying on stereotypes when providing care, promoting or imposing your own beliefs on patients or refusing care because you believe the patient’s actions have contributed to their condition can lead to patients feeling unsafe or that their rights have not been upheld.
It applies to all pharmacy professionals and all practice settings.
Regardless of practice setting or registration status, all pharmacy professionals must abide by this policy. Designated Managers and Hospital Pharmacy Administrators may have additional responsibilities.
A Duty to Provide Services Free from Discrimination and to Accommodate the Needs of Patients
Discrimination in pharmacy care violates human rights and accessibility legislation, the principles of beneficence, respect and non-maleficence in the Code of Ethics, and presents a risk of harm to patients.
Registrants must not discriminate based on a patient’s condition or a protected ground under the Human Rights Code when:
- Deciding to accept or refuse a patient
- Deciding to provide information to a patient
- Deciding to provide or limit a pharmacy service
- Deciding to provide a clinical or effective referral
- Deciding to end the registrant-patient relationship
There is a legal duty to accommodate the needs of patients arising from the protected grounds under the Human Rights Code. This should be done in a way that respects the patient’s dignity, autonomy, privacy and confidentiality.
You are expected to explore and implement accommodation measures unless they would subject you to undue hardship (e.g., excessive cost, health or safety concerns) or significantly interfere with the legal rights of others.
Conscientious Objections and Ending the Pharmacist Patient Relationship
As healthcare professionals, you have the right to limit the products and services you provide in your practice for reasons of conscience or religion. However, this choice cannot directly or indirectly impede access to these products and services for existing patients or those seeking to become patients. The expectations outlined in the Code of Ethics, Standard 2.13, must also be met.
Health Care Access Rights of Patients Must Be Respected
Designated Managers in community pharmacies and Hospital Pharmacy Administrators in hospital pharmacies must have a procedure in place if a member of the pharmacy team has a conscientious objection.
When making a conscientious objection, registrants must:
- Inform their Designated Manager/Hospital Pharmacy Administrator/Manager
- Participate in the pharmacy’s procedures to provide a timely effective referral to another provider
- Make reasonable efforts to ensure continuity of patient care
- Ensure the patient’s right to receive the requested services is respected
- Provide respectful and effective care in an emergency, where it is necessary to prevent imminent harm, even if it conflicts with their beliefs.
Registrants cannot impede a patient’s access to care, convey any personal moral judgment about the patient and withhold any information about the existence of a treatment because it conflicts with their beliefs.
Ending the Pharmacist Patient Relationship
The decision to terminate the pharmacist patient relationship is not the same as declining to provide products or services for moral or ethical reasons.
Pharmacists who are considering terminating the patient relationship must ensure that the decision to terminate care for a patient does not infringe on a protected ground within the meaning of the Ontario Human Rights Code. They must also comply with the requirements under the Guideline – Ending the Pharmacist Patient Relationship, which includes having a good reason to terminate the relationship, providing proper notice and supporting continuity of care.
If a registrant decides to end the registrant patient relationship due to discrimination or harassment from a patient, they must follow the guideline as well.
Access the Human Rights Policy on the College’s website.
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