introduction into the law Flashcards
What are the 4 requirements for NC licensure?
- Graduated from an accredited school or college of pharmacy as determined by the board.
- passed the NAPLEX & MPJE exams
- proof of age
- 1500 hours of practical pharmacy experience under the supervision of a licensed pharmacist
How must your pharmacy experience hours be submitted?
Via an experience affidavit
What are the 4 sources of law?
- Constitutional law
- Law made by legislature (statutory law)
- Law made by administrative agencies (regulatory law)
- law made by the courts (common law)
What is the hierarchy of the law?
- Constitutional
- Statute (legislators)
- Common (judges)
- Administrative (agencies)
what is the hierarchy of statutory law?
- Federal statutes
- State constitutions
- State statutes (legislation)
- Ordinances (local)
If two laws are different, which one should you follow?
The stricter law
______________law supersedes unless there is a positive conflict.
Federal
What does it mean when federal law preempts state law?
It means that federal basically tells state that they cannot touch it.
In regards to statutory law, who drafts a bill?
Bill is drafted by legislators or lobbyists and given to legislators. Not just anyone can introduce a new bill.
What is the process of statutory law?
- Bill drafted & introduced
- bill referred to committee
- bill considered by 1st chamber
- bill considered by 2nd chamber
- amendments to bill concurred
- bill ratified, published, and signed into law
What is common law also known as?
Case law
Common law is opinion of the __________
court/judge
Common law is binding on lower courts within the SAME jurisdiction. True or false?
True & can be persuasive in other jurisdictions
What is stare decisis?
to stand by what has been decided (precedent)
What are 3 examples of administrative agencies at the federal level?
- CMS (housed under DHHS)
- FDA (housed under DHHS)
- DEA (housed under DOJ)
What are 3 examples of administrative agencies at the state level?
- Board of pharmacy
- health departments
- State medicaid departments
What branch makes rules?
Legislative
What branch interprets rules?
Judicial
What branch enforces rules?
Executive
Administrative agencies are only allowed to things that are authorized by the __________.
Legislature
What gives the federal government to power to basically regulate any profession?
Interstate Commerce Clause
Which amendment of the constitution gives the states powers that is not regulated by the federal government to the state government?
The 10th amendment
What does the state board of pharmacy have the authority to do?
licensing pharmacies & pharmacists, registering or licensing pharmacy technicians, inspecting pharmacies, issuing rules and regulations, investigating complaints, disciplinary actions, and promulgate regulations pursuant to a process known as “notice of comment and rulemaking”
Market failure serves as justification for what?
government regulation
What are the 4 themes that guide decisions regarding market failure topic?
public goods, externalities, natural monopolies, information asymmetry
What is a public good?
Necessary/beneficial commodities that private entities will not supply because of lack of incentive
What are 2 examples of a public good?
Vaccines and orphan drugs
What are externalities?
Exists when production or consumption of a good affects someone who does not fully consent to the effect
What is an example of an externality?
The overuse of antibiotics
What are natural monopolies?
occurs when the fixed cost of providing a good are high relative to the variable costs; therefore, the average cost of the good declines over time
What are examples of natural monopolies?
Prescription drugs & utilities
What is information asymmetry?
when a consumer is uninformed about the value of a good
What is OBRA 1990?
mandatory counseling law
what are the 4 reasons patients typically sue?
- want to prevent a similar (bad) thing from happening again
- a need for an explanation as to how and why an injury happened
- want money to make up for actual losses, pain, and suffering or to provide future care for the injured patient
- want to hold doctors accountable for their actions
In a pharmacist malpractice lawsuit, what are the elements of the case, usually?
- The pharmacist had a duty of care
- the pharmacist breached that duty of care
- the breach of that duty caused harm
In a criminal trial, who is charged with a crime?
The defendant
What does mens rea mean?
guilty mind
what does a civil trial usually consist of?
lawsuit in which one private party sues another private party alleging injury
What is the objective of a civil trial?
to financially compensate the injured party for damages
What are civil trials usually based on?
Common law, statutory law, or BOTH
What are some administrative actions?
Warnings, fines, license revocation/suspension, and probation
what does beneficence mean?
doing good
What does nonmaleficence mean?
do no harm
what is autonomy?
Self governance
Who developed the principle of pharmaceutical care and when?
Hepler and Strand in 1990
