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Law & Ethics > Exam 1 > Flashcards

Exam 1 Flashcards

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1
Q

Ethics

A

The branch of philosophy that seeks to understand the nature, purposes, justification, and founding principles of moral rules and the systems they comprise.

●Focuses on the rightness and wrongness of actions, as well as the goodness and badness of motives and ends

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2
Q

Morals

A

Ideas about what is right and wrong

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3
Q

Morality

A

Rules held by society to govern the conduct of its individual members

■ Morality legislated: Law distinguished from morality in that:
● Law has explicit rules and penalties
● Laws set boundaries for societal behavior
● Laws are enforced

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4
Q

Moral judgements

A

judgments concerned with what an individual or group believes to be right or proper behavior in a given situation

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5
Q

Code of Conduct

A

Standards, principles, rules of conduct

  • prescribes for standards of conduct
  • states principles expressing responsibilities
  • defines the rules expressing duties of professionals to whom they apply
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6
Q

Consequentialism

A

ethical system that judges a moral action by its outcomes or results

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7
Q

Metaethics

A

The study of the origin and meaning of ethical concepts

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8
Q

Normative ethics

A

Attempts to what moral standards should be followed so that human behavior and conduct may be morally right

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9
Q

Descriptive (Comparative) ethics

A

The study of what people believe to be right and wrong, and WHY they believe it

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10
Q

Applied ethics

A

The use of moral norms and concepts to resolve practical moral issues such as abortion, euthanasia

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11
Q

Consequential ethics

A

A theory of ethics based on the principle that the morally right action is whatever action that leads to the maximum balance of good over evil.

Rightness or wrongness is based on the consequences/effects of
the action (consequentialism)
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12
Q

Utilitarian ethics

A

moral worth of an action is determined solely by its contribution to overall usefulness

● Advocates greatest good for the greatest number

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13
Q

Deontological (Duty-based) ethics

A

The idea that actions are right and wrong in themselves independently of any consequences; consequences are not the determinant of what is right, so doing the right thing may not always lead to an increase in what is good

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14
Q

Ethical relativism

A

morality is relative to the norms of one’s culture

● Actions can be considered right or wrong depending on the
accepted norms of the society

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15
Q

Paternalism

A

Making decisions for others

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16
Q

Virtue

A

A virtue describes moral excellence and that which has beneficial quality
-Virtues are habits

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17
Q

Virtue ethics

A

focuses on the inherent character of a person rather than
on the specific actions he/she performs

A moral theory that focuses on the development of virtuous character.

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18
Q

Situational ethics

A

Values change as situation changes

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19
Q

Values

A

the ideas, beliefs, and attitudes about what is important that help guide the way you live

Compare: values vs. morals

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20
Q

Intrinsic values

A

Something that has value in and of itself

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21
Q

Instrumental values

A

something that helps give something else it’s value

ex: money

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22
Q

TSBP mission

A

■ To promote, preserve, and protect the public health, safety, and welfare by fostering the provision of quality pharmaceutical care to the citizens of Texas through the regulation of the practice of pharmacy, the operation of pharmacies, and the distribution of prescription drugs in the public interest
■ Exists to protect the public , NOT pharmacists

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23
Q

First Texas Pharmacy Act

A

Defined a pharmacist

AS??

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24
Q

Current Texas Pharmacy Act

A

Originally created a board with 9 members, now 11
Increased authority of TSBP
Created classes A-E pharmacies- can create new classes and remove only the new classes made

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25
Q

TSBP Structure

A

11 member board and the TSBP agency

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26
Q

TSBP Board Divisions (5)

A 
1- Executive
2- Licensing & Admin Services
3- Enforcement
4- Professional Services
5- Adjudication & Legal Support Services
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27
Q

Pharmacy Ethics

A

rules that govern how a pharmacist deals with other health care professionals and how they deal with others outside the health care profession

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28
Q

Code of Ethics for Pharmacists (8)

A

RRRSSAMP

Respects relationship b/w pt and Rph

Respects patient autonomy

Respects the values of peers

Serves individual, community, and societal needs

Seeks justice

Acts with honesty and integrity

Maintains professional competence

Promotes the good of pts

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29
Q

4 Pillars/Principles of Ethics

A

BANJ

Beneficence- do good
Autonomy- right to make one’s own decisions
Non-maleficence- avoid harm
Justice- be fair

30
Q

Pillars of Moral Strength (15)

A

CCC-FFF-TT-HH-RID-WK

Courage, commitment, compassion

Fairness, fidelity, freedom

Temperance, tolerance (+,-)

Honesty, hopefulness

Respect, Integrity, Discernment

Wisdom, Kindness

31
Q

Positive tolerance

A

person accepts differences in others

32
Q

Negative tolerance

A

simply tolerating another’s beliefs, reluctantly

33
Q

temperance

A

orderliness, moderation

34
Q

wisdom

A

judicious application of knowledge

35
Q

courage

A

moral strength to persevere

36
Q

commitment

A

pledge to do something

37
Q

compassion

A

empathy, sympathy

38
Q

discernment

A

ability to make decisions without personal bias

39
Q

fairness

A

ability to make judgement free from discrimination

40
Q

fidelity

A

being true to commitment

41
Q

honesty

A

confidence a person will act with the right motives

42
Q

integrity

A

steadfast adherence to strict moral or ethical codes and a commitment to not break this code

43
Q

respect

A

show special regard

44
Q

hopefulness

A

looking forward to something with the confidence of success

45
Q

cooperation

A

process of working with others

46
Q

Religion provides a _______ for appropriate behavior

A

moral code

47
Q

spirituality

A

faith in a higher being

state of being concerned with religion

48
Q

Secular ethics

A

based on codes developed as a society relying on customs to make their codes

ex: Code of Hammurabi

49
Q

Atheists believe ethics is a product of _____ and _____

A

culture, politics

50
Q

reason

A

includes the capacity for logical inference and the ability to conduct inquiry, solve problems, evaluate, criticize, and deliberate about how we should act and to reach an understanding of other people, the world, and ourselves

51
Q

partial reasoning

A

nvolves bias for or against a person based on one’s relationship with that person

52
Q

circular reasoning

A

describes a person who has already made up his or her mind on a particular issue and sees no need for deliberation

53
Q

consensus building requires

A

● Parties must reason together
● Identify and consider alternate choices
● Willingness to listen, learn, and make an informed decision
(legal requirement)

54
Q

informed decision making

A

■ Determining if a Patient has the Capacity for Making an Informed Decision:
● Given the alternatives, potential benefits of each, and the potential harms of each, can the person express an understanding of the consequences of their choice?
● Apply teach-back method

55
Q

informed consent

A

■ Permission that is granted in the knowledge of potential consequences
■ You can give a patient a drug for an indication that is not approved by the
FDA with informed consent

56
Q

Legal IS/IS NOT necessarily ethical, while illegal is _____

A

Legal is not

Illegal is almost always unethical

57
Q

Medication Errors

A

■ Any error occuring in the medication use process

● Includes events from when the provider decides a medication is needed → the medications effects on the body

58
Q

To Err is Human suggests …

A

that the majority of medical errors result from flaws
in the way the health care system is organized, rather than individual
recklessness

59
Q

3 major elements to reduce medication errors

A

● The individual professional’s knowledge of Practice
● Resources available to the professional
● Systems designs, problems and failures

60
Q

developing a high level practice

A

■ Find your weak spots and watch them closely
■ Find the system’s weak spots and watch them closely
■ Find the weak people and watch them closely

61
Q

Pill Mills

A

“Legitimate” clinics that see ~450 - 500 patients/day and write the same
prescription to all the patients

62
Q

Trinity

A

○ Hydrocodone containing products (opioid analgesic)
○ Alprazolam (anxiolytic)
○ Carisoprodol (muscle relaxant)

63
Q

Holy Trinity

A

○ Oxycodone (opioid analgesic)
○ Alprazolam (anxiolytic)
○ Carisoprodol (muscle relaxant)

64
Q

Red Flags

A

● Multiple patients that have the same controlled substance prescription
● Prescriber is at a distant location
● Paying cash for an opioid
● Prescription written by a physician not associated with pain
management
● Multiple Prescriptions and Early Refills
● Multiple prescribers (possible doctor shopping)
● Possible federal or state action against the prescriber
● Unusual behavior
● Use of street slang

65
Q

State Prescription Drug Monitoring Program

A

● Detect possible doctor shopping
● Detect possible pharmacy shopping
● Report information to the prescriber

66
Q

Impaired individuals may/not be pharmacists or pharmacy students

A

may

67
Q

ABO

A

Agreed board order; if RPh cannot show compliance with law and desire to dispose of any pending allegations, they may consent to “Agreed Board Order.”

Licensee must agree to terms and the ABO must be
approved by Board

Public, regardless

68
Q

BO

A

If licensee or the Board does not agree to terms of the ABO or if licensee does not want an
informal conference, disciplinary hearing is scheduled before Administrative Law Judge.

The judge will make recommendation to the Board for action to be taken. Board will make decision in the case and document as “Board Order”
Public (unless impaired), but if RPh fails to comply, then a new BO will be issued and it will be public

69
Q

Standard Rehab Order

A

Confidential

● 5 year probated suspension as long as the individual receives positive evaluation from Mental Health Professional (MHP)
● $1200 probation fee
● Quarterly reports (self, supervising pharmacist, MHP)
● Personal Recovery Network (PRN) contract
● Drug Screens:
○ Must call daily M-F to see if scheduled for drug screen
○ Must not miss a drug screen
○ Must have an Rx for any + test
○ EtOH test is for ethyl glucuronide (t1/2 = 7 days) → will test
+ for ~ 1 month (even nyquil will cause + test)
○ Other restrictions:
■ Can’t be PIC
■ Can’t be a preceptor for duration of order + 3 years
(total of 8 years)
■ Max 50 hr/week of work allowed

70
Q

impersonating a pharmacist is a

A

Class A misdemeanor

71
Q

Requirements for Licensure

A

○ A license fee set by the Board
○ A completed application on a form prescribed by the Board
with satisfactory sworn evidence that the applicant:
■ Is at least 18
■ At least 1,000 hour internship
■ Has graduated with a professional degree from an
accredited pharmacy degree program
■ Has passed the examinations required by the board
(NAPLEX and MPJE)
■ Has not had another license granted by another
state restricted, suspended, revoked, or surrendered for any reason
○ Each applicant must obtain practical experience in the practice of pharmacy concurrent with college attendance or after college graduation or both

Law & Ethics (2 decks)

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