Intro Flashcards
legislative (article 1)
creates law
- Congress: House of rep and Senate
executive (article 2)
apply and enforce (execute laws)
- president, vp, cabinet
Judicial (article 3)
adjudicate (interpret law)
- supreme court & other Federal courts
procedural due process
Before depriving a citizen of life, liberty, or property, the government must follow legal and fair procedures
notice
was the individual provided notice of the charges against them?
hearing
was the individual provided with an opportunity to present evidence to rebut thecharges at a meaningful time in a meaningful way?
substantive due process
is the government’s deprivation of life, liberty or property justified by a sufficient purpose?
how old do you have to be to run for house of representatives
25
how old do you have to be to run for senate
30
how old do you have to be to run for prez
35
to run for house of reps you must have lived in us at least
7 years
to run for senate you must have lived in us at least
9 years
to run for prez you must be a..
natural born us citizen
to run for house of reps you must be a resident of that state at least
at time of election
to run for senate you must be a resident of that state at least
at time of election
to run for us president u must live as us resident at least
- years
FDA, NIH, HHS are all under which branch
FDA, NIH, HHS are all under which branch
governor of fl must be at least. how many. years old
30
governor of fl must live in state. at least
7 years
governor of fl serves __ year terms
4
fl state senator must be __ years old
21
fl state. senator must be a fl resident at least __ years prior to election
2
fl state senators serve __ year terms, up to _ years
4,8
fl state representative serve __. year terms, up to __. years
2,8
which are broader? fl statutes or rules
statutes
preemptive/supremacy clause
federal > state laws
statutes are laws created by the
legislature
regulations are created by
agencies
statues give narrow/broad permission for the creation of a detailed regulation
broad
______ government regulates drug distribution and the ________- regulate the practice of pharmacy
Federal, states
each state has __ senators
2
how many members are in a senate
100
each state has __ representative
Number of representatives for each state is proportional to the population; population divided into congressional districts
only branch of govt that can make new laws or change existing laws
legislative (congress)
if the president vetoes a bill, congress can override with a ___/___ vote in favor of the bill
2/3
senate committees that are commonly targeted by national pharm associations
finance
health, edu, labor, pensions
house committees that are commonly targeted by national pharm associations
energy. and commerce
ways and means
agencies promulgate ________ that interpret and define statutes.
regulations
agencies are considered “______ __________”
content experts
Process of creating regulations is called
notice and comment rulemaking
Office of National Drug Control Policy
reduce illicit drug use and its consequences by coordinating development, implementation, and assessment of us drug policy
who. regulates ads for OTC drugs
FTC
who regulates ads for rx drugs
FDA
The most important agency in Florida for pharmacy regulation is the
FL BOP
how do agencies propose a regulation
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
before the public and experts comment on the proposed rule, the agency must
post a notice of the regulation in the federal register
what is a notice of proposed regulation called
notice of proposed rulemaking
what is. the final step of agencies proposing a regulation
The final rule/regulation is codified (categorized) into the Code of FederalRegulations
The ____________________________ is the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government
Code of Federal Regulations (CFR
the Code of Federal Regulations (CFR is divided into 50 ______
titles
T/F: You can have a statute without a regulation, but you cannot have a regulation without a statute
T
the fl bop meets __ times per year
6
a valid regulation must pass __ tests
3
what are the tests a valid regulation must pass
- 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
T/F statutes are promulgated
FALSE
statutes are PASSED
voted on by legislators
t/f rules are promulgated
T
make a new law known publicly by announcement
civil cases
Private disputes between individuals orentities
Parties: Plaintiff vs Defendant
criminal cases
Harms to society as a whole
- Government vs alleged offender
who regulates pharmacists licenses
BOP
BOP is under the
DOH
how many members of fl bop
9
__ bop members must be. licensed pharmacists in fl who have practiced a minimum of 4 years
7
how many years must bop pharmacists have been practicing
4
what are the different fields pharmacists on bop must be. in
2 in community
2 in class II, modified class II, or class III institutional
3 must be licensed in fl regardless of practice setting
how many bop members must be consumers
2
at least 1 member on bop must be __ yo or older
60
t/f settlement commonly establishes who was in the right/wrong
f
administrative process
- DOH receives complaint
- DOH notifies pharmacist
- DOH investigates the complaint
- 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
- board members vote
- 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
- 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
- final order of board filed with DOH with disciplinary actions
the pharmacist against whom the complaint is filed has ___ days to issue a written response to the complaint
20
how does DOH complaint investigation work
- 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)
if no probable cause…
dismissed and not on public record
if probable cause…
an administrative complaint will be filed and it will go on public record at this point
what can pharmacist choose to do after administrative complaint election of rights form
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
T/F Attorneys and speakers will NOT be contesting facts at the hearing
T
only explaining the facts from the perspective of their side
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
90
general deterrence
punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
specific deterrence
punishment inflicted on criminals to discourage them from committing future crimes
beyond a reasonable doubt
The level of proof required to convict a person of a crime
95% sure
clear and convincing evidence
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
preponderance of the evidence
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
drug dealer murder
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
2 kinds of 2nd degree murder
- 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 - Murder that occurs when a felon is committing a felony, but the victim is killed by someone other than the felon
3rd degree murder
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)
