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6/8號你我都應該站出來! 讓藥師與藥學生一起為自己打拼!
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6.8號藥師上街頭 懶人包1.1 pdf (5/31 update)
1.
事件緣起..... • 去年此刻,有三位釋憲申請人申請大法 官釋憲,其中兩位分別具有多重醫事人 員身分 • 他們質疑藥師法第11條是否違反《憲 法》所保障的人民工作權。 藥師經登記領照執業者,其「執業處所」 應以一處為限。 藥師法
第11條
2.
102/7/31大法官釋憲內容如下: • 藥師法第十一條規定:「藥師經登記領照執業者,其執業處所應 以一處為限。」 未就藥師於不違反該條立法目的之情形下,或於有重大公益或緊 急情況之需要時,設必要合理之例外規定,已對藥師執行職業自由 形成不必要之限制,有違憲法第二十三條比例原則,與憲法第十五 條保障工作權之意旨相牴觸,應自本解釋公布之日起,至遲於屆滿 一年時失其效力。 http://www.judicial.gov.tw/constitutionalcourt/p03_01.asp?expno=711 因此若再103/07/31前,未修法完成,此法就會立即失效 即藥師可以四處支援
3.
所以在藥師法第11條完全失去效力之前, 各界開始提出各個版本的修訂.. 目前提出來的有: • 行政院 版 •
趙天麟 委員 版 • 江惠貞 委員 版 • 徐少萍 委員 版 • 田秋堇 委員 版 • 蘇清泉 委員 版(與田委員版相近) 以下將針對行政院版及蘇委員版做延伸討論。
4.
其中行政院版本 藥師執業應以一處為限,並應在所在地主管機關核准登記之醫療機 構、依法規定之執業處所或其他經主管機關認可之機構為之。但於 醫療機構、藥局執業者,有下列情形之一,並經事先報准,得於執 業處所外執行業務: 一. 藥癮治療或傳染病防治服務。 二. 義診或巡迴醫療服務。 三.
藥事照護相關業務。 四. 於矯正機關或經中央主管機關公告之無藥事人員執業之偏遠 地區,進行調劑業務。 五. 其他經中央主管機關認定之公益或緊急照護需要。 即藥師公會支持的版本
5.
蘇清泉委員及田委員版本 • 蘇清泉委員版本: 藥師執業登記以一處為限。但醫事(療)機構間之支援或經中央 主管機關認定之公益服務,經事先報准者,得於執業登記以外之 處所執業。 • 田委員版本: 藥師經登記領照執業者,其執業處所應以一處為限,但機構間之 支援或經事先報准者,不在此限。 即醫師公會支持的版本
6.
由上一張我們可以非常明 顯的看出... 蘇清泉委員的版本非常希 望藥師沒有限制的、盡情 的可以報備支援,也就是 能夠在各家機構執業… 立委+醫師公會理事長 那這又會造成什麼影響呢?
7.
您所不知道的藥師主要工作項目 … 確保調劑正確 評估是否有藥物過 敏史 評估是否有藥物交 互作用 評估處方的正確性 (病與藥是否符合) 藥物諮詢 衛教:教導正確的 藥品使用方式 整合用藥 (減少藥物濫用問題) 輔導多項藥品的正 確用藥方式 減少民眾因重複用 藥而產生的副作用
8.
藥師全面開放報備支援,就可以在各個機 構到處執業,那會...? 對民眾 • 雖然還是由藥師服務民眾,但可能會因為藥師報備支援之熟悉度或是體 力問題導致民眾用藥安全堪慮。 對醫師 • 門前藥局的收入還是醫師賺去了?!還可以節省些藥師人力的花費! •
嚴守處方箋不釋出,利用A藥換B藥賺取價差誰也管不著!
9.
對藥師 • 藥師可以報備,然後到處執業。 (早上在A診所,下午在B診所,晚上在C藥局,看起來賺很多 嗎????) 可能發生: 1. 多間診所合聘2個,藥師淪為機械手臂,支援超時,專業不受 尊重! 2.
醫師可能會找個人員當支援人力,且可在數個診所間使用, 但原在診所真正的藥師不再只調劑80張,可能100張120張, 變成血汗藥師。而且,可能會變成調劑但蓋別人章,成為違 法偽造文書的人 藥師全面開放報備支援,就可以在各個機 構到處執業,那會...? But
10.
想想!醫生到底有多大的權力可以來干涉修藥師法呢??? 不管你是誰,一起支持維護大家的權利吧!
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