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Intro Flashcards

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1
Q

legislative (article 1)

A

creates law

  • Congress: House of rep and Senate
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2
Q

executive (article 2)

A

apply and enforce (execute laws)

  • president, vp, cabinet
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3
Q

Judicial (article 3)

A

adjudicate (interpret law)

  • supreme court & other Federal courts
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4
Q

procedural due process

A

Before depriving a citizen of life, liberty, or property, the government must follow legal and fair procedures

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5
Q

notice

A

was the individual provided notice of the charges against them?

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6
Q

hearing

A

was the individual provided with an opportunity to present evidence to rebut thecharges at a meaningful time in a meaningful way?

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7
Q

substantive due process

A

is the government’s deprivation of life, liberty or property justified by a sufficient purpose?

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8
Q

how old do you have to be to run for house of representatives

A

25

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9
Q

how old do you have to be to run for senate

A

30

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10
Q

how old do you have to be to run for prez

A

35

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11
Q

to run for house of reps you must have lived in us at least

A

7 years

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12
Q

to run for senate you must have lived in us at least

A

9 years

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13
Q

to run for prez you must be a..

A

natural born us citizen

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14
Q

to run for house of reps you must be a resident of that state at least

A

at time of election

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15
Q

to run for senate you must be a resident of that state at least

A

at time of election

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16
Q

to run for us president u must live as us resident at least

A
  1. years
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17
Q

FDA, NIH, HHS are all under which branch

A

FDA, NIH, HHS are all under which branch

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18
Q

governor of fl must be at least. how many. years old

A

30

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19
Q

governor of fl must live in state. at least

A

7 years

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20
Q

governor of fl serves __ year terms

A

4

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21
Q

fl state senator must be __ years old

A

21

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22
Q

fl state. senator must be a fl resident at least __ years prior to election

A

2

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23
Q

fl state senators serve __ year terms, up to _ years

A

4,8

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24
Q

fl state representative serve __. year terms, up to __. years

A

2,8

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25
Q

which are broader? fl statutes or rules

A

statutes

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26
Q

preemptive/supremacy clause

A

federal > state laws

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27
Q

statutes are laws created by the

A

legislature

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28
Q

regulations are created by

A

agencies

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29
Q

statues give narrow/broad permission for the creation of a detailed regulation

A

broad

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30
Q

______ government regulates drug distribution and the ________- regulate the practice of pharmacy

A

Federal, states

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31
Q

each state has __ senators

A

2

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32
Q

how many members are in a senate

A

100

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33
Q

each state has __ representative

A

Number of representatives for each state is proportional to the population; population divided into congressional districts

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34
Q

only branch of govt that can make new laws or change existing laws

A

legislative (congress)

35
Q

if the president vetoes a bill, congress can override with a ___/___ vote in favor of the bill

A

2/3

36
Q

senate committees that are commonly targeted by national pharm associations

A

finance
health, edu, labor, pensions

37
Q

house committees that are commonly targeted by national pharm associations

A

energy. and commerce

ways and means

38
Q

agencies promulgate ________ that interpret and define statutes.

A

regulations

39
Q

agencies are considered “______ __________”

A

content experts

40
Q

Process of creating regulations is called

A

notice and comment rulemaking

41
Q

Office of National Drug Control Policy

A

reduce illicit drug use and its consequences by coordinating development, implementation, and assessment of us drug policy

42
Q

who. regulates ads for OTC drugs

A

FTC

43
Q

who regulates ads for rx drugs

A

FDA

44
Q

The most important agency in Florida for pharmacy regulation is the

A

FL BOP

45
Q

how do agencies propose a regulation

A

Prior to proposing a regulation, agencies may publish an “advance notice of proposed rulemaking” to get more information from the public for the proposed rule

Agencies may also engage in negotiated rulemaking by inviting interested groups to give input at a meeting to get a consensus for the proposed rule

46
Q

before the public and experts comment on the proposed rule, the agency must

A

post a notice of the regulation in the federal register

47
Q

what is a notice of proposed regulation called

A

notice of proposed rulemaking

48
Q

what is. the final step of agencies proposing a regulation

A

The final rule/regulation is codified (categorized) into the Code of FederalRegulations

49
Q

The ____________________________ is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government

A

Code of Federal Regulations (CFR

50
Q

the Code of Federal Regulations (CFR is divided into 50 ______

A

titles

51
Q

T/F: You can have a statute without a regulation, but you cannot have a regulation without a statute

A

T

52
Q

the fl bop meets __ times per year

A

6

53
Q

a valid regulation must pass __ tests

A

3

54
Q

what are the tests a valid regulation must pass

A
  • First test: Regulation must be within the scope of the agency’s authority
  • Second test: Regulation must be based on a statute that gives the agency authority to promulgate regulation
  • Third test: Regulation must bear a reasonable relationship to the public health, safety, and welfare
55
Q

T/F statutes are promulgated

A

FALSE
statutes are PASSED

voted on by legislators

56
Q

t/f rules are promulgated

A

T

make a new law known publicly by announcement

57
Q

civil cases

A

Private disputes between individuals orentities

Parties: Plaintiff vs Defendant

58
Q

criminal cases

A

Harms to society as a whole

  • Government vs alleged offender
59
Q

who regulates pharmacists licenses

A

BOP

60
Q

BOP is under the

A

DOH

61
Q

how many members of fl bop

A

9

62
Q

__ bop members must be. licensed pharmacists in fl who have practiced a minimum of 4 years

A

7

63
Q

how many years must bop pharmacists have been practicing

A

4

64
Q

what are the different fields pharmacists on bop must be. in

A

2 in community
2 in class II, modified class II, or class III institutional
3 must be licensed in fl regardless of practice setting

65
Q

how many bop members must be consumers

A

2

66
Q

at least 1 member on bop must be __ yo or older

A

60

67
Q

t/f settlement commonly establishes who was in the right/wrong

A

f

68
Q

administrative process

A
  1. DOH receives complaint
  2. DOH notifies pharmacist
  3. DOH investigates the complaint
  4. At Probable Cause Panel, the prosecuting attorneys review the materials including the written response of the pharmacist and the Department’s investigative findings and their recommendations on whether the Board Members should find there to be probable cause in this case to warrant the filing of an Administrative Complaint
  5. board members vote
  6. DOH sends to the pharmacist the administrative complaint and an election of rights form; DOH may also send a proposed settlement agreement or a voluntary relinquishment form
  7. Pharmacist with attorney has 21 days from date of receipt of notice to fill out and turn in the form on what rights they choose to elect
  8. final order of board filed with DOH with disciplinary actions
69
Q

the pharmacist against whom the complaint is filed has ___ days to issue a written response to the complaint

A

20

70
Q

how does DOH complaint investigation work

A
  • Can have attorneys involved at this point; mediation;try to get the complaint dismissed
  • Can close the complaint if it’s not disputed or it’s frivolous
  • If not, DOH has its prosecuting attorneys review thecomplaint and they present the information to theappropriate Probable Cause Panel (PCP)
71
Q

if no probable cause…

A

dismissed and not on public record

72
Q

if probable cause…

A

an administrative complaint will be filed and it will go on public record at this point

73
Q

what can pharmacist choose to do after administrative complaint election of rights form

A

settle, informal hearing in front of the board (dont contest the facts), formal hearing in front of admin law judges (contest facts), waive hearing in front of board

74
Q

T/F Attorneys and speakers will NOT be contesting facts at the hearing

A

T
only explaining the facts from the perspective of their side

75
Q

Individuals can request for the Board of Pharmacy to officially respond to a question they have about the interpretation of a statute or rule and the board has ___ days to respond

A

90

76
Q

general deterrence

A

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

77
Q

specific deterrence

A

punishment inflicted on criminals to discourage them from committing future crimes

78
Q

beyond a reasonable doubt

A

The level of proof required to convict a person of a crime

95% sure

79
Q

clear and convincing evidence

A

The standard of proof required in some civil cases and, in federal courts, the standard of proof necessary for a defendant to make a successful claim of insanity.

75% sure

80
Q

preponderance of the evidence

A

The standard of proof in a civil case in which a judge or jury must believe the plaintiff’s story and evidence is stronger than the defendant’s version.

51% sure

81
Q

drug dealer murder

A

Unlawful killing resulting from unlawful distribution of any Schedule I drug,cocaine, opium or any synthetic or natural salt compound derivate or preparation of opium, ormethadone by a person 18 years of age or older when drug proven to be proximate cause of death ofthe user

1st degree

82
Q

2 kinds of 2nd degree murder

A
  1. Unlawful killing of a human being with malice aforethought
    * Depraved mind
    * Reckless disregard for human life
    * This person knew what they were doing, didn’t care about the people or the risk to others, and didn’t plan it out
  2. Murder that occurs when a felon is committing a felony, but the victim is killed by someone other than the felon
83
Q

3rd degree murder

A

Unlawful killing of a human being without any design to affect death during the commission of lesser or non violent felonies (felonies notincluded in the first degree list - examples:white collar crime - embezzlement, forgery,counterfeiting)

84
Q
A

Law (6 decks)

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