Exam 1 Flashcards
What is law?
Body of principles that govern conduct and the observance of which can be enforced in courts
What does the law reflect
Society and values present in the majority of individuals
What does the law not reflect
Whether something in morally or ethically right or wrong
Is law the same as a statute?
Yes
What is a statute/law
A written law enacted by the legislature
Where do laws come from
body of elected officials
What do laws not go through
A public comment and revision process
Where are federal laws listed?
United States Code (USC)
Where are Indiana laws found?
Indiana Code (IC)
What is a regulation
A rule having the force of law issued by an administrative agency
What are regulations also called
rules
Where do regulations come from
administrative agencies
Federal administrative agencies for pharmacies
FDA
DEA
Who establishes rule relevant to pharmacy practice within a particular state
Boards of Pharmacy
What do regulations do pertaining to the law
Regulations tend to provide detailed information on how to go about following a particular law
Where are federal codes found?
Code of Federal Regulations (CFR)
Where are Indiana codes found?
Indiana Administrative Code (IAC)
What is §
Symbol abbreviate for the term section
How are regulations cited?
Titles (T), Sections (S), and subsections (Ss)
What is the US Code citation of title 21, section 353, subsection b
21 USC §353(b)
What is the Code of Federal Regulations citation for title 21, section 1306.04, subsection (a)
21 CFR §1306.04(a)
How is the Indiana Code and the Indiana Administrative Code organized?
titles (T), articles (A), chapters (C), and sections (S).
How is the Indiana Code cited?
IC T-A-C-S
How is the Indiana Administrative Code is cited?
T IAC A-C-S
What does Indiana do to add another article, chapter, or section
Add a decimal after the area of law
What is a drug?
(1) an article recognized in the official compendium or any supplement of the official compendium
(2) an article “intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal
(3) an article (other than food) intended to affect the structure or any function of the body in man or other animal, and (4) articles intended for use as a component of any article specified (1), (2), or (3)
What is the official compendia?
the United States Pharmacopeia (USP), National Formulary (NF), and Homeopathic Pharmacopeia of the United States (HPUS)
What do the official compendia publications do?
Develop and publish standards for drug substances, drug products, excipients, dietary supplements, and homeopathic articles
What is a prescription drug?
a drug intended for use by man which (A) because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or (B) is limited by an approved application under section 355 of this title to use under the professional supervision of a practitioner licensed by law to administer such drug
What symbol or statement does prescription drugs must have?
Rx only
Prescription only
Caution: federal law prohibits dispensing without prescription
What is considered an OTC drug?
Drugs that are safe and effective for use without a prescriber’s supervision for certain conditions
What is a behind the counter drug
Drugs available to patients without a prescription after consultation with a pharmacist
What is a controlled substance
drug with dependence liability or the potential for abuse
What is an orphan drug
Condition that “affects less than 200,000 persons in the United States” or a condition that “affects more than 200,000 persons in the United States and for which there is no reasonable expectation that the cost of developing and making available in the United States a drug for such disease or condition will be recovered from sales in the United States of such drug.
What is a dietary supplement?
a product (other than tobacco) intended to supplement the diet that bears or contains one or more of the following dietary ingredients: (a) a vitamin; (b) a mineral; (c) an herb or other botanical; (d) an amino acid; (e) a dietary substance for use by man to supplement the diet by increasing the total dietary intake; or (f) a concentrate, metabolite, constituent, extract, or combination of any ingredient described in clause (a), (b), (c), (d), or (e)
What is a new drug?
a drug that is not generally recognized as safe and effective for the condition(s) or in the dosage form it would be prescribed under; or a drug that has been recognized as safe and effective but has not been used in the condition(s) or in the dosage form for a sufficient amount of time.
Has a new drug completed the pre-market approval process?
No
What is a pre-‘38 drug
a drug that was introduced before 1938 and was still on the market in 1962
What are pre-‘38 drugs assumed to be?
Safe for use and effective for their indication based on the longevity on the market therefore they were grandfathered in
When is a new drug application set in?
All the clinical trials and data have been collected on a new drug to have the drug approved for marketing
Why is an investigational new drug application sent?
Asking for an exemption to the NDA requirements to investigate and conduct clinical trials on the new drug
When is an abbreviated new drug application used?
used by generic manufacturers to prove bioequivalence and proof of acceptable manufacturing practices and controls
What is the established name
applicable official name designated pursuant to section 358 of this title; or if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium…the common or usual name, if any, of such drug or of such ingredient…
What is the pharmacy label?
The label is any printed, written, or graphic material on the actual product container.
What is labeling?
all labels and written, printed, or graphic material on the container, container wrapper, or accompanying the product.
What is special packaging?
packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
What are pharmaceutical equivalents?
products with the same active ingredient, same dosage form, and the same strength
How can pharmaceutical equivalents be different (4)
Look
Release mechanism
Expiration time
Labeling
What are therapeutic equivalents
pharmaceutical equivalents likely to have the same clinical and safety profile
What is a device
an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is (1) recognized in the United States Pharmacopeia, National Formulary, or any supplement of them, and (2) intended for use in the diagnosis of disease or other condition, or in the cure, mitigation, treatment, or prevention of disease in man or other animal, and (3) intended to affect the structure or any function of the body in man or other animal, and which does not achieve its primary intended purposes through chemical action within or on the body of man or other animals and which is not dependent upon being metabolized for the achievement of its primary intended purpose
Difference between device and drug
- Device doesn’t use chemical action or doesn’t need to be metabolized by the body to achieve its primary intended purpose
- Device definition does not include the official compendium since there are no homeopathic devices
In the law, what does a person include?
Individual
Partnership
Corporation
Association
What is a state?
any State or Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico
What is a territory?
any Territory or possession of the United States, including the District of Columbia, and excluding the Commonwealth of Puerto Rico and the Canal Zone
What is a drug’s brand name?
Proprietary name given to the drug by the manufacturer
How can there be different brand names for a single drug entity
Differences in dosage form or release mechanisms
When is a drug or device deemed adulterated (8)
- Filthy, putrid, or decomposed
- Prepared, packed, or held under unsanitary conditions
- Not manufactured under current good manufacturing practices
- Container is composed of deleterious substance
- Contains an unsafe coloring agent
- Doesn’t meet official standards or isn’t required to meet official standards
- Mixed to reduce quality of substituted
- Inspection refusals
What are current good manufacturing practices?
Regulations that establish the minimum requirements for manufacturing drug products for administration to humans or animals
What are compounded drugs exempt from and when
cGMP, misbranding, and new drug requirements
Must be for an individual patients, based on the receipt of a valid prescription from a physician or other licensed practitioner, and compounded by a licensed pharmacist or licensed physician