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Just so it does'nt get lost

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  • Hannah Ceridwen Eluned Cavendish-Grosvenor, made a blog, so have copied it here for future reference.

    Hormones and Pharmacists

    Posted by Hannah Ceridwen Eluned Cavendish-Grosvenor Sat at 22:43 - Filed in Society Girl's Personal Blogs - 12 views

    Transgender females recently lnform me that UK pharmacists are, on the whole, 'Homophobic': embarrasing individuals by returning from the bowels of their dispensary with prepared and dispensed prescriptions for Estradiol Tartrate and Blocker (Finesteride, etc); and making loud statements and questions, in the presence of all and sundry, as to why they are required for a 'male'.

    i have bee the subject of transphobia from a specific young cis-female pharmacist on a number of occasions, and feel a formal complaint should be made to the Pharmaceutical Society. Coments please.


    3 comments - Post Comment - Like This

    Cristine, Shye
    Cristine, Shye To expose somones transgender status is unlawful. Section 22 of the Gender Recognition Act was created with an "expectation of privacy" in mind.
    30 minutes ago - delete - like


    Cristine, Shye
    Cristine, Shye The General Pharmaceutical Council is the regulator for pharmacists,
    pharmacy technicians and registered pharmacy premises in England,
    Scotland and Wales. As part of our role, we set the standards which govern the practice of pharmacists and pharmacy technicians.

    guidance on standards 3.5, 3.7 and 3.8 of the standards of
    conduct, ethics and performance, which say:

    You must respect and protect people’s dignity and privacy.
    Take all reasonable steps to prevent accidental disclosure or
    unauthorised access to confidential information. Never disclose
    confidential information without consent unless required to do
    so by the law or in exceptional circumstances.

    You must use information you obtain in the course of your
    professional practice only for the purposes you were given it, or
    where the law says you can.

    You must make sure you provide the appropriate levels of
    privacy for patient consultations. less
    19 minutes ago - delete - like


    Cristine, Shye
    Cristine, Shye This document gives guidance to pharmacy professionals on
    how to meet the standards on confidentiality. The guidance is not
    intended to cover every issue and it does not give detailed legal
    advice. However, it reflects the current law in Great Britain.
    You should use your professional judgement in applying this
    guidance in your own practice. You must make sure that you
    keep up to date and comply with the law, for example: the Data
    Protection Act 1998, the Human Rights Act 1998, and the common
    law duty of confidentiality, and with any NHS or employment
    policies on confidentiality that apply to your particular area of work.
    You must make sure that all staff members you are responsible
    for are aware of this guidance and appropriately trained in all
    areas that are relevant to their duties.

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at February 29, 2016 10:05 PM GMT
      February 28, 2016 1:05 PM GMT
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  • Sect1  Duty of confidentiality

    Subsect 1.3

    Information, about prescribed or none prescribed medication, alluding to or making remarks about a patients condition or status.

    Sect 2.

    Subsection 2.1

    Do not discuss information that can lead to patients being identified or discuss forms or methods of medication in front of other people, members of the publuic or anyone not entitled to such information.

    Cristine Jennifer Shye.  B/L.  B/Acc
      February 28, 2016 1:26 PM GMT
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  • Thanks Hannah - and Cristine for all of that.  Do not, ever, ever, let people who are supposed to help you and provide your medication put you down.  It may not be easy, but give them a reality check, for example

    "What is on that prescription is between you, me and my Doctor. If you ever dare to speak out loud about it in the presence of others, you have committed a criminal offence, and do not doubt me, you will be prosecuted.  Now, I want to talk to the most senior member of staff here about your misconduct."

     Indeed, save a copy of this posting, and if it ever happens again, give them a copy.

    This post was edited by Amanda Bruce at February 28, 2016 5:25 PM GMT
      February 28, 2016 5:24 PM GMT
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  • An interesting and not often talked about offence is under section 22 of the Gender Recognition Act 2004 which basically makes it illegal for anyone to “out” someone if they’ve found out by virtue of being an employer or similar. Although it’s a criminal offence, the penalties are quite mild: A “Level 5” fine, which is up to £5,000. As an upper cap, that’s pretty mild given you could quite possibly maliciously destroy someone’s life.

     

    The Freedom of Information Act 2000 (FoIA) gives a general right of public access to all types of recorded information held by public authorities including the Crown Prosecution Service (CPS).

    To date it would appear that no prosecutions have been raised in respect of this section 22

    http://gendersociety.com/forums/topic/10115/the-gender-recognition-act-2004-and-s-22-privacy a more detailed review of section 22

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at February 29, 2016 10:05 PM GMT
      February 28, 2016 6:01 PM GMT
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  • About 4 or 5 years ago I came accross a transphobic Pharmacist , the man was an idiot.

    I will not tolerate transphobia from anyone let alone someone who has a university degree to prove they are competent and there to serve the public. My priscriptions clearly state my name with the title "Miss".

    My prescriptions also have my medication on them so they can be dispensed to me. Those include my hormones and blockers.

    This man had the nerve to call me Sir , I could have just replied thank you Miss to dent his male pride but I had a better way to deal with him.

     

    The next time I recorded him and then went and asked to see the manager. A very nice manageress came out and I asked her to take a look at me and tell me would you have the nerve to call me Sir? Her reply was never you are clearly a woman. I played her the recording and she asked for a copy of it and my phone number. I gave her a copy the same day.

    The next day she called me and told me she had dismissed him instantly. I told her a warning would have done but she insisted that if he was ignorant enough to say that to me then he could of been offending others too.

     

    A week later I received a letter and a £100 gift card. I now attend their staff training evenings when asked to as a speaker.

     

    Take care but never take any crap from ignorant pratts.

     

    xxx

    This post was edited by Former Member at February 28, 2016 11:10 PM GMT
      February 28, 2016 11:10 PM GMT
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  • There are also Standard Operating Procedures that the staff must adhear to along with Information Governence rulings . All companies will have a website, where if you feel you have been treated unfairly you can report to the head office of the company & they will take your complaint seriously. When you enter a pharmacy 1 of the signs on display must be the pharmacists name & it will also have their registration number to identify that they are a registered individual. All pharmacies should have cctv operating in store to protect both staff & customers.

    Not to borrow the strength of another, nor to rely on one's own strength; to cut off past and future thoughts, and not to live within the everyday mind... then the Great Way is right before your eyes. - Yamamoto Tsunetomo
    This post was edited by Matt 'Charlie' Enigma at February 28, 2016 11:20 PM GMT
      February 28, 2016 11:17 PM GMT
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  • Breach of confidence

    1. English law also provides remedies for breach of confidence. A duty of confidence arises when confidential information comes to the knowledge of a person (including public authorities such as HSE) in circumstances where it would be unfair were that information to be disclosed to others (e.g. because the recipient of the information was on notice, or had agreed, that the information was to be so treated).

    2. Breach of confidence is the breach of a duty which can give rise to a civil claim1. Breach of confidence will usually arise in connection with the disclosure of information which has a commercial value, but can also include personal information about individuals.

    3. However, the law governing breach of confidence is complex and continues to develop to “reflect changes in society, technology and business practice”2. Further, Article. 8 of the European Convention on Human Rights (dealing with the right to privacy) has reshaped the action for breach of confidence so that it now protects the misuse of private information3. Therefore, if in doubt you should seek legal advice from the Legal Adviser’s Office.

    4. For an action for breach of confidence to be successful it must be established that:

    the information has “the necessary degree of confidence about it”;
    the information was provided in circumstances importing an obligation of confidence; and
    (for an injunction or declaration to be granted), there was an unauthorised use or disclosure of that information and, at least, the risk of damage (damage see Section 22 Gender Recognition Act the right to privacy releasing or imparting information that could cause distress or embarressment to an individual)  also see malicouse transphobic remarks under hate crime.

    Cristine Jennifer Shye.  B/L.  B/Acc
      February 29, 2016 12:19 PM GMT
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  • FURTHER INFORMATION AND REFERENCE.

     

    Data Protection Act 1998

    The Act controls the holding of personal data, defined as data which relate to a living individual who can be identified from those data or from other information in the possession of the ‘data controller’. Health records, meaning any record which consists of information relating to the physical or mental health or condition of an individual, made by or on behalf of a health professional in connection with the care of that individual, are covered by the Act whether in computer or manual form, or a mixture of both.

    The data controller is the person who determines the purposes for which and the manner in which personal data is to be processed. My view, and that of the Information Commissioner in the Code of Practice, is that OH records are, or should be, in the control of the OH department, not the employer. The commissioner states that compliance with the Faculty of Occupational Medicine’s Guidance on Ethics is likely to ensure that the requirements of the Data Protection Act are satisfied.

    The data controller must notify the holding of personal data on computer to the Information Commissioner and pay an annual fee. It must also observe the data protection principles, the first of which is that personal data shall be processed fairly and lawfully. A breach of the common law duty of confidence is unlawful and thus also a breach of the Act.

    Certain data are classified as sensitive and include information about a person’s physical or mental health or condition. Such data may only be disclosed to a third party where one of the conditions in Schedule 2 of the Act and one of the conditions in Schedule 3 of the Act are met. These are very complex, but in essence either the individual must give explicit consent to disclosure or disclosure must be necessary for medical purposes and undertaken by a health professional or a person owing an equivalent duty of confidentiality (for example a clerical worker with a duty of confidentiality in their contract of employment). Medical purposes include preventative medicine, diagnosis, medical research, the provision of care and treatment and the management of healthcare services. Sharing of confidential information among members of a team of health care workers, as in general practice, is permitted because the patient is deemed to have consented to this by implication.

    Other data protection principles entitle the individual to information about what data is held and for what purpose, entitle them to a copy of the data on payment of £50, and impose an obligation on the controller to keep data secure, and to ensure that it is accurate and up to date.

    Human Rights Act 1998

    In 2000, when the Human Rights Act came into force, the European Convention on Human Rights became part of UK law. This is the creation of the Council of Europe (different from the European Union) and the European Court of Human Rights in Strasbourg is quite separate from the European Union Court in Luxembourg.

    A direct action can be brought in a UK court only against a public body, such as an NHS trust or a local authority, but the courts must take the convention into account in deciding claims against all kinds of defendants.

    Article 8 of the convention gives the right to respect for private and family life, home and correspondence, and therefore supplements the common law of confidentiality, but it is not an unqualified right. Privacy may be justifiably invaded to prevent crime and disorder, to protect health and to protect the rights and freedoms of others. The provisions of Article 8 are therefore very similar to the common law of disclosure in the public interest.

    Cristine Jennifer Shye.  B/L.  B/Acc
      February 29, 2016 12:25 PM GMT
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  • 1 146

    Just a comment , as I remember a difficulty I had with a pharmacist in the early part of my transition when presenting a prescription for a Testosterone blocker. I was first dealt with by one of the assistants in the pharmacy who addressed me as "Sir" when I was in the queue.[I had short hair then]. she looked at the presciption, checked the computer and then came back to me and asked me if I could wait by the side so that the senior Pharmacist could speak to me in Private.After about 10 minutes the Female Senior Pharmacist took me to a private room they had in the.Many Pharmacys have these.I told her I was a transexual, and she was very rational and understanding but told me it might take a while to get the prescription.When I came out of the private office the pharmacy assistant came over instantly to say sorry for calling me "Sir", and explained that she only caught site of me from the side whilst I was sitting down.

    Since that Time , I regulary have to go to the same  pharmacists for prescriptions ,the same assistant always deals with my prescription and is very pleasant and now passes comment about my long Hair style. For me on these issues the Law is there ,but be careful not to  invoke the Law to quickly when you might be dealing with a Simple Misunderstanding.

    <p>Donna_V</p>
      February 29, 2016 5:23 PM GMT
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  • Thankyou Donna for your post, yes I hundred percent agree with you, but it would seem that from what Hannah has written its a continuing saga of disrespect and humiliation, not to mention passing on the details of someones perscription to all and sundry

    Cristine Jennifer Shye.  B/L.  B/Acc
      February 29, 2016 6:42 PM GMT
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  • I think it is clear from what Crissie has posted and others input that this is happening most likely more than people talk about. Just because some people just put up with it does not make it okay , that is what the laws are there for. The people who put up with it yet say nothing can learn from this "Thank you Crissie for your work on this" . Hopefully it will encourage people to stand up for the rights they have and people had to fight for.

     

    Some of us are lucky enough to have overcome the ignorance of others so let us never forget the ones that still face it. If we forget them them that does not make us as bad as them , but to ignore it is of no help to the ones facing an already hard enough life.

    We have voices and they need to be heard. Hannah's has been picked up here and everyone reading this thread now know their rights. Now use them and speak out if it happens to you.

     

    Take care xx

      February 29, 2016 10:03 PM GMT
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  • I don't think there is any point raising a fuss over an  inocuous or innocent remark, perhaps the remark was not overheard and you might end up outing yoursellf, I think we all can sense when something is said maliciously or with intent to embarress or criticise ones gender status.   Getting witnesses is very hard, perhaps those present would tend to think the same, be the same.   In the first instant perhaps a polite warning letter to the manager of the establishment, demanding respect, outlying the penalties.   But if it's as apparent as in this original post, it's deliberate, unewarented. it's illegal and should be taken further, a strongly worded letter direct to the governing body, perhaps a solicitors letter.   Causing a rucus in the shop is not going to do much good.   So while concuring with Donna I also support the point Julia is making.

    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at March 2, 2016 8:30 AM GMT
      March 1, 2016 3:45 PM GMT
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  • Most of what some people put up with in silence in life saddens me. Some people will just ignore what is nothing but pure ignorance. It can be offensive and upsetting to some individuals. As Crissie has pointed out above though there is not much point in making a fuss out of what may have been an inonocent mistake and , it is fairly easy to tell if it a comment is malicious and or deliberate.

     

    In my first post in this thread I mentioned an ignorant pharmacist. He would not look me in the eyes yet I watched him looking at other customers in the eyes , he was intentionally attempting to make me look an idiot when "he" was in actual fact the idiot.

     

    You all take care xxx

     

    Post edited.

     

    This post was edited by Former Member at March 3, 2016 4:58 AM GMT
      March 1, 2016 9:47 PM GMT
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  • Sorry drifted off topic.

    Note to myself: When tired do not type.

     

    I have added a scan of my repeat prescription. I cannot add the actual prescription as I have taken it to the pharmacy. This is an average United Kindom prescription for a transgender individual under the care of the NHS.

     

    Take care xx

     

    This post was edited by Former Member at March 5, 2016 9:24 PM GMT
      March 1, 2016 10:47 PM GMT
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  • Page 2 scan image. I have removed personal data with air brush on both items.

     

    Any Pharmacist can clearly see my name and also knows what this medication is for. It is not up to them to judge me or anyone else in the same situation. As I stated in my first post in this it happened once , I put a stop to it.

     

    Take care x

    This post was edited by Former Member at March 5, 2016 9:31 PM GMT
      March 5, 2016 9:29 PM GMT
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  • For any newcomers to the Gender society, this might interest you, sometimes life can be a bitch, but only if you let it.     Anyone with problems, legal entitlements questions, leave me a message or post a question in the law form.
    Cristine Jennifer Shye.  B/L.  B/Acc
    This post was edited by Cristine Jennifer Shye. BL at October 23, 2020 8:01 PM BST
      October 23, 2020 6:30 PM BST
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