EXAM 2 Federal Controlled Substance Law Pt2 Flashcards

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1
Q

What has the manufacturer of a scheduled drug have to put on the label?

A

C symbol with the schedule number
C-II, C-III, C-IV, C-V

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2
Q

How does the Controlled Substance Act mainly try to prevent the diversion of scheduled drugs?

A

Registration of anyone who is involved in moving these drugs-> closed system

-so they either have a DEA number or a prescription

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3
Q

What does anyone who possesses a scheduled drug has to be?

A

-A registrant

-a patient with a valid prescription or exempt from registration

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4
Q

Who are included in individuals who are exempt from being a registrant or a prescription holder for a controlled substance?

A

-pharmacists (the pharmacy is registered)
-truck drivers
-plant employees
-others in the manufacturing /distribution line

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5
Q

What are the 10 types of federal registration?

A
  1. Manufacturing (C-I to C-V)
  2. Distribution (C-I to C-V)
    -> distributer may need registration for reverse distribution in case they receive drugs that are sent back
  3. Reverse distribution (C-I to C-V) – accepting drugs for destruction
  4. Dispensing or instructing – pharmacies and physicians, others
  5. Research (C-I)
  6. Research (C-II to C-V)
  7. Narcotic Treatment Programs (C-II to C-V), like methadone clinics
  8. Importing (C-I to C-V)
  9. Exporting (C-I to C-V)
  10. Chemical Analysis (C-I to C-V) - Research
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6
Q

What do the first two letters in the DEA number mean?

A

the first letter denotes the level of practitioner
-A, B, C = practitioner (hospital, pharmacies)
-M = mid-level practitioner (authorized nurses, physician assistant)

second letter denotes the first letter of practitioner’s last name or the first letter of the company name
(the letter may not match up since people get married or companies get bought up)

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7
Q

Digits in the DEA number

A

AH 342554__

3 + 2 + 5 = 10
(4 + 5 + 4) * 2 = 26

10 + 26 = 36 –> take 6 as the last digit

-> AH 3425546

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8
Q

Who is considered a practitioner according to 21 USC § 802?

US Code

A

-physician
-dentist
-veterinarian
-scientific investigator
-pharmacy (not a pharmacist)
-hospital
-or other person licensed, registered, or otherwise permitted by the US to practice or do research with controlled substances

the definitions may vary - the ones on the Code of Federal Regulations matter the most bc that’s where the DEA has control

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9
Q

Who is considered a Dispenser according to the US Code 21 USC § 802?

US Code -> Federal

A

A practitioner (pharmacy) who delivers a controlled substance to an ultimate user or a research subject

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10
Q

Who is considered a Dispenser according to the Code of Federal Regulations, 21 CFR 1300.01?

A

-individual practitioner
-institutional practitioner
-pharmacy or pharmacist who dispenses a controlled substance

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11
Q

Where in the law is a pharmacist actually defined as someone who can dispense controlled substances?

A

in the Code of Regulations
21 CFR 1300.01

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12
Q

What is the period in which a dispenser must re-register with the DEA?

A

every 3 years

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13
Q

A dispenser is allowed to distribute controlled substances without being registered as a distributor. T/F?

A

True.

can do some limited distribution without
being registered as a distributor

the main focus of a dispenser: is delivering controlled substances to ultimate users

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14
Q

What does the term distributor mean?

A

means a person who so delivers a controlled substance or a listed (other than administering or dispensing)

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15
Q

When is a dispenser allowed to distribute controlled substances?

A

-distribution to another registered practitioner
-it must be recorded
-C-I or C-II requires DEA “order form”
-the total number of dosage units of all controlled
substances distributed do not exceed 5%

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16
Q

Example of distributing as a dispenser

A

I am the owner of an independent pharmacy (registered with a DEA number) and I can distribute a controlled substance to a hospital or a physician (registered with a DEA number) without a prescription

17
Q

Which scheduled drugs need a DEA form when they are distributed by a dispenser?

A

C-I and C-II

18
Q

What does the term manufacturer mean?

A

means a person who manufactures a drug or other substance

-production
-preparation
-propagation
-compounding
-processing
of a drug or other substance

-BUT it does not apply if it is done in the incidence of administering or dispensing (in a pharmacy) -> pharmacy is not a manufacturer

19
Q

When filing a registration what information should be provided?

A

Which schedules are handeled and the activity

20
Q

How would a typical registration for a pharmacy look like?

A

-Register as a dispenser
-file for the dispensing of scheduled drugs:
2, 2N, 3, 3N, 4, 5
N = narcotics

21
Q

Does every single pharmacy of a pharmacy chain have to register?

A

Yes

each “principal place of business”

22
Q

If you buy a pharmacy:
How many days before the transfer of the inventory does the DEA has to be notified?

A

14 days prior
if they don’t respond -> you can move on

23
Q

If you buy a new pharmacy and transfer the iventory what has to be done?

A

-controlled substance inventory
-records change
-all C-II require form 222

24
Q

A registrant (pharmacy) shall not employ who…

A

who has a access to controlled substances (they may hire someone who doesn’t have access to controlled substances)

-has been convicted of a felony related to controlled substances
-had an application for registration with the DEA denied
-had a DEA registration revoked
-has surrendered a DEA registration for cause
->can get a waiver from DEA

25
Q

How should controlled substances be stored?

A

-in a securely locked, substantially constructed cabinet -> a safe
OR
-dispersed with the non-controlled drugs in a manner that obstructs theft or diversion (so mix them with non-controlled drugs so that is hard to find the controlled ones)
-> can use both approaches (often seen C-II in a safe and other scheduled mixed with regular drugs)

26
Q

How should individual practitioners store controlled substances?

A

need to be locked up in a safe
for example a physician’s office

pharmacy is different bc it is larger and has the opportunity to disperse with non-controlled drugs

27
Q

Penalties

A

-dispensing in a haphazard (disorganized) manner
-> drug trafficking -> JAIL, pay a fine

-don’t follow Controlled Substance Act (CSA), unlawful
-don’t keep records
-not getting all info on Rx

28
Q

When do Inspections occur?

A

Annually physical: from the Board, also from the DEA
-a public health concern
-formal complaint
-perceived violations occurring or have occurred

29
Q

What can the DEA do during an inspection?

A

-enter and search the pharmacy
-examine records and reports
-take (seize) controlled substance inventory

-they can’t look into the financials without permission