Exam 1 Flashcards
pharmacy errors may be responsible for ____ deaths per year
7,000
_____% of all prescription errors are discovered during patient counseling
83%
82% of errors are ___
mechanical (dispensing)
Thomas v. Winchester
pharmacist responsible for the consequences of mistake
CT definition of error:
act or omission of clinical significance relating to dispensing of a drug that results in or may reasonably be expected to result in injury to or death of a patient
CT Error Reporting Regulations: (3)
- implement QA program to detect and prevent errors
- Notify patient and practitioner if error discovered, communicate method for minimizing consequences of error
- Post sign - “if you have a concern that an error may have occurred…” - this also appears on receipt or bag
QA review for each prescription error within ___ days of discovery
2
QA review of errors maintained for ____
3 years
List four elements that must be present for civil lawsuit:
duty, breach of duty, causation, damages
_________: a dereliction of professional duty or a failure to exercise an accepted degree of professional skill or learning by one rendering professional services which results in injury, loss, or damage
malpractice
______: a legally enforceable obligation to conform to a particular standard of conduct
duty
negligence per se:
violation of statutes or regulations
does causation need to be direct?
no
Speer v. US
superseding cause: patient stockpiled drugs and committed suicide - not foreseeable, so pharmacist not liable
Emerging duty
“institutional controls” - requires pharmacy owner or chain to institute a system of risk management to reduce number of errors in its pharmacies
vicarious liability
pharmacy liable for damages caused by its employees if they are acting within the course and scope of their duties for the pharmacy
Harco v Holloway
vicarious liability of pharmacy for damages caused by employees
Duensing v Huscher
child gets phenobarb suppositories instead of aspirin suppositories, 22K for damages, 15K for punitive. Rx filled by non pharmacist, no pharmacist present
Orzell v Scott Drug
plaintiff who is harmed due to own illegal conduct may have responsibility, may be barred from recovery or damages may be reduced
statute of limitations: in CT, _____
2 years from discovery, 3 years from act
are retail sellers liable for faulty products?
yes, under some circumstances
_________: Rx manufacturer owes duty to patient to warn physician but not the patient directly
learned intermediary
exception to learned intermediary protection for pharmacists:
compounding
Fleet and Semple v Hollenkemp
it is the duty of druggists to know the properties of the medicine which they vend, and to employ people who can discriminate and compound according to prescription and they are responsible for any consequences if they depart from the prescription, even if they are in general very careful
what does malpractice insurance generally cover?
cost of defense and payment of claims
what does malpractice insurance generally not cover?
damages due to willful violations or violations of store/chain policy
Kampe case
upheld traditional view that the pharmacist has a duty only to give the right medication
Horner v Spalitto
pharmacist should have applied knowledge but they need more info on case to say… ?
Hooks SuperX v McLaughlin:
CT: Pharmacists possessing superior knowledge needed by patients have a duty to warn of known risks
Springhill Memorial Hospital v Larrimore
learned intermediary shields the pharmacist
DiGiovanni v Albertson’s
learned intermediary shields the pharmacist
Plante v Lomibiao, Deed v Walgreen, Robles v AstraZeneca show that
CT apparently adheres to traditional LI principle
Dietary Supplement Health and Education Act of 1994 (DSHEA)
Enacted in 1994, applies to dietary supplements and ingredients. Manufactures wishing to use new dietary ingredients must notify FDA 75 days before marketing the product and provide FDA with evidence showing that ingredient will reasonably be expected to be safe. FDA does not need to approve application.
Label of Dietary Supplement:
name, including the word supplement, quantity of contents, name and place of manufacturer, directions for use, serving size, dietary ingredients, amount per serving size, %DV, scientific name of any botanical, other ingredients, “this statement not evaluated by FDA. Not intended to…”
what claims are permitted on dietary supplements?
“structure-function” claims, general well-being, describe benefit related to nutrient deficiency disease as long as statement tells how widespread the disease is in US
Structure-Function claims:
describe the role of a nutrient or dietary ingredient: calcium builds strong bones
Proposed new dietary supplement guidelines:
Safety of supplements would be evaluated according to:
- documented history of use
- formulation and proposed daily dose
- recommended duration of use
would proposed new dietary supplement guidelines require any human studies?
no
Under DSHEA, FDA may remove a dietary supplement from the market if:
it presents a significant or unreasonable risk of illness or injury when used according to its labeling or under ordinary conditions of use
lazy cakes =
adulterated food
Poison Prevention Packaging Act:
1970 - protect children under 5 from poisoning from ingestion of hazardous substances from open containers
Child-Resistant Container:
80% of children under 5 cannot open and at least 90% of adults can open
child resistant container exemptions:
elderly or handicapped - label says not child resistant. Also unflavored powder or effervescent tablets of aspirin or acetaminophen
Collaborative Drug Therapy Management (CDTM)
prescribers authorize pharmacists to engage in specific activities such as initiating, adjusting, or evaluating drug therapy. Generally requires a written guideline or protocol
T/F: Authorization for collaborative practice agreements usually requires amending the definition of the practice of pharmacy at the state level to authorize agreements
T
In most states, collaborative practice agreements must be filed with and approved by ______
The Pharmacy Commission
Washington Program (Collaborative Practice Agreement):
Pilot program to provide emergency contraceptives through pharmacies
CT Collaborative Practice. Are there restrictions on practice settings? On drugs? On conditions?
No no no
NY Collaborative Practice:
teaching hospitals only
ME Collaborative Practice:
Nope
NH Collaborative Practice:
hospital, ambulatory clinic, LTC, hospice
When deciding whether to make medication OTC, FDA usually seeks recommendation of a joint advisory committee made up of members of the agency’s ____. Are they bound by the advisory’s counsel?
Nonprescription Drugs Advisory Committee. No
the FDA has approved the switch of a number of drugs from prescription to OTC status under ____
NDAs
Durham-Humphrey Law
two system dichotomy - OTC or Rx
HIPAA is enforced by _____________
the Office of Civil Rights of HHS
PHI =
protected health information
HIPAA says pharmacy must develop and distribute a notice of privacy and must make a good faith effort to
obtain a written acknowledgement that the patient received it. They also have to post the privacy notice in a prominent area of the pharmacy
How long is privacy acknowledgement retained for?
6 years
can information be disclosed without consent if it concerns a victim of abuse, neglect, or domestic violence?
yes
Incidental disclosure:
A disclosure that cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the rule
What privacy rules govern suits?
State privacy rules, not HIPAA
New Self Reporting regulations
must notify patients when breach of PHI is discovered. Give plain language notice by mail or email within 60 days
written accountings for information not subject to the exemptions must include for each disclosure:
- date of disclosure
- name of the entity who received PHI, and address
- description of PHI disclosed
- statement of purpose of disclosure
covered entities have _____ to meet requests for accounts of PHI disclosures
60 days, additional 30 day extension is allowed
individuals are entitled to accounts that list PHI disclosures for the past _____. Frequency of accounting without charge is ____.
6 years/ 12 months
pharmacy must designate a ______ responsible for development and implementation of privacy policies and procedures as well as a ______ to the public to receive complaints.
privacy officer/ contact person
PHI disclosure penalty system: __/ incident, __/ year for innocent breach
100/ 25,000
PHI disclosure penalty system: __/ incident, __/ year for non-innocent breach
1,000/ 100,000
PHI disclosure penalty system: __/ incident, __/ year for willful breach
50,000/ 1.5 million
criminal: _____ v___
govt/ private party
civil: _____ v_____
private party/ private party (or govt)
administrative: __ v__
agency/ private party
___: statute, act, ordinance
law
laws are enacted by
a legislative body
regulation: _____
derives from and interprets law
regulations are enacted by
administrative agencies such as the FDA or the Pharmacy Commission
___ fills in “gaps”
regulation
common law: ______
court decisions
common law is enacted by
judicial body
_______ acts as quasi-judicial role (e.g. hearing to suspend license)
administrative agency
Pharmacy law derives from _______
police power
_______: power of a state to enact laws promoting public health, safety, morality and welfare. Must be reasonably related to protecting the public
police power
In CT, Pharmacy is regulated by ______
Department of Consumer Protection
______ is a board that advises and assists DCP in adopting regulations and enforcing laws and rules
Commission of Pharmacy
Practice Act defines
- pharmacy
- how it is practiced
- by whom
- where it is practiced
- conditions of practice
Describe the composition of CT Pharmacy Commission:
6 members appointed by the Governor, 4 pharmacists (at least 2 community, 1 hospital), 2 public members
How often must pharmacy license be renewed?
every 2 years
how often does the CT Pharmacy Commission meet?
at least 6 times per year
T/F: A copy of meeting records from pharmacy commission meeting can be admitted as evidence in a civil or criminal case.
T
Are pharmacy commission meeting records available to the public on request?
yes
Which of the following are not licensed by the CT commission? Long term care, infusion therapy, nuclear pharmacy, hospital pharmacy, community, specialty pharmacy
hospital pharmacy
CT Pharmacy Commission can compel attendance at ______
hearings
CT Pharmacy Commission can produce documents by _____
subpoena
CT Pharmacy Commission can administer _______
oaths
CT Pharmacy Commission can grant temporary and permanent ______
injunctions
CT Pharmacy Commission can grant temporary ________ pending a hearing
restraining orders
how often does the commissioner inspect retail pharmacies?
every four years
are pharmacist recognized as health care providers by the state of Connecticut?
yes
what do pharmacists do?
dispense
does dispensing include delivering a drug to a patient?
no
does dispensing include administering a drug to the patient?
no
what is the required intern experience for a pharmacist’s license in CT?
1500 hours, NMT 40 hours/ week
is a written application required for a CT pharmacy license?
yes
how often are pharmacy licensing exams given?
twice a year
The pharmacy license form is furnished by
the department of consumer protection
how far in advance must the application be submitted prior to the pharmacy licensing exam?
45 days
list the three parts of the pharmacy licensing exam:
NAPLEX, Contemporary Pharmacy Practice, Jurisprudence (MPJE and State specific)
what are the competency areas tested on the NAPLEX (3)
- manage drug therapy to optimize patient outcomes
- assure safe and accurate preparation and dispensing of medications
- provide drug information and promote public heath
What covers licensing of pharmacists and pharmacies?
CT Pharmacy Practice Act
What is the MPJE?
Multistate Pharmacy Jurisprudence Examination