Provision of smoking cessation advice and treatment: guidelines, policy and the law

Author and presenter:
Alison Britton
Senior Lecturer, Department of Law, School of Law and Social Sciences, Glasgow Caledonian University, UK

Abstract
Clinical practice today is governed by a vast array of regulations in the form of protocols, practice policies, clinical guidelines, and codes of practice. It would not be unusual for courts to rely on such guidelines and polices to assist with legal reasoning and resolution. Although a cautious approach would need to be taken, there is little doubt that polices and guidelines will become increasingly significant and influential in determining best practice and establishing a duty of care.

As regards smoking, Article 14 of the World Health Organization Framework Convention on Tobacco Control has done much to raise the profile and ‘politics of the fight against tobacco addiction.’ Each Party to the Convention was charged to develop and disseminate appropriate, comprehensive and integrated guidelines.

Appropriate policies and guidelines now exist – although arguably, there remains room for improvement. The question is, whether a more integrated approach to such guidelines would improve the incorporation of advice and treatment into standard clinical practice. Further, could we well be reaching a time when it could be seen as a failing in duty of care for not providing such advice?

This presentation will examine these questions and their impact on present and future clinical practice.

Source of funding: Pfizer

Declaration of interest: none

About the presenter
Alison is a Senior Lecturer in Law at Glasgow Caledonian University specialising in Healthcare Law and Ethics. She currently lectures in areas of healthcare, negligence, consent, autonomy and professional ethics. She has worked in both UK and European Universities. She has been involved in television and radio work and various outreach projects. She has contributed previous work on duty of care and smoking cessation for the WHO and has been a member of the British Medical Association steering committees on two occasions. In 2007, she was a legal adviser to the Health Committee of the Scottish Parliament.