Law and Ethics Flashcards

1
Q

What is a law?

A

rule or regulation established by a governing body

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2
Q

What is a standard?

A

guidelines for practice established by professional organizations

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3
Q

What are the 5 overarching principals of the Code of Ethics for Pharmacists?

A

Beneficence, Fidelity, Veracity, Justice, and Autonomy

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4
Q

What is beneficence?

A

actions designed to positively benefit patients and pharmacy customers. Actions should be performed without prejudice

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5
Q

What is fidelity?

A

promises are kept so that patient needs are fulfilled correctly and on time. Also includes the maintenance of patient confidentiality.

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6
Q

What is veracity?

A

concerns telling the truth, both for the benefit of the patients in their care and in the effort to stop drug diversion or to ensure correct reporting of medication errors.

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7
Q

What is justice?

A

based on lawful actions that are fair and equal to all.

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8
Q

What is autonomy?

A

involves self-reliance, initiative, reliability, and dependability.
Patients should participate in their health care decisions

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9
Q

What is interrogatory?

A

A written set of questions that must be answered under oath as if in a court, within a specific period.

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10
Q

What is the regulatory agency for pharmacy?

A

Food and Drug Administration (FDA)

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11
Q

What is criminal law?

A

governs the relationship of the individual to society as a whole
Different types of offenses such as a misdemeanor, felony, and treason

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12
Q

What is civil law?

A

governs the relationship between individuals within society

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13
Q

What is tort law?

A

allows for a person who has suffered harm from the wrongful acts of another to seek a remedy (usually monetary)
Medical malpractice and negligence falls under this.

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14
Q

What is contract law?

A

legal framework that governs how agreements between parties are created, interpreted, and enforced

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15
Q

What is administrative law?

A

consists of rules and regulations established by agencies of the federal government

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16
Q

What is fraud?

A

dishonest and deceitful practices undertaken to induce someone to part with something of value or legal right

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17
Q

What is libel?

A

Defamatory writing, such as published material or pictures that injure the reputation of another

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18
Q

What is slander?

A

Spoken words that jeopardize someone’s reputation or means of livelihood

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19
Q

What is negligence?

A

Failure to use a reasonable amount of care to prevent injury or damage to another

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20
Q

What is abuse?

A

The improper use of equipment, a substance, or a service (like a program)

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21
Q

What is the Pure Food and Drug Act of 1906?

A

prohibited interstate distribution or sale of adulterated and misbranded food and drugs
believed to be inadequate because it didn’t include cosmetics, didn’t provide authority to ban unsafe drugs, manufactures can make false statements about a drug, and labels weren’t required to identify contents of medications

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22
Q

What is the Sherley Amendment?

A

Amendment to the Pure Food and Drug Act of 1906
Included in the definition of misbranding- false claims for the curative powers of drugs
Also mandated monographs be supplied with prescriptions.

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23
Q

What is the Harrison Narcotics Act of 1914?

A

opium could no longer be purchased without a prescription
required registration of practitioners, documentation of prescriptions, and their dispensing

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24
Q

What is the Food, Drug, and Cosmetic Act of 1938?

A

created the FDA and required pharmaceutical manufactures to file New Drug Applications with the FDA.
FDA had the power to approve or deny new drug applications and can conduct inspections to ensure compliance

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25
What is the Durham-Humphrey Amendment of 1951?
prohibits dispensing of legend drugs (prescription drugs) without a prescription
26
What is the Kefauver-Harris Amendments of 1962?
amendment to the Food, Drug, and Cosmetic Act required that drug products, both prescription and nonprescription, must be effective and safe. required an unprecedented program of accountability from manufacturers
27
What is the Comprehensive Drug Abuse Prevention and Control Act of 1970?
also called the Controlled Substances Act (CSA) enforced by the DEA, which is part of the US Department of Justice Drugs were classified into five schedules, with Schedule I drugs having the highest potential for abuse and addiction.
28
What is a Schedule I drug?
have a high potential for abuse, not accepted for medical use in the United States. Only used for research purposes
29
What is a Schedule II drug?
also have high potential for abuse, but accepted for medical use includes opiates and opium derivatives Prescriptions have to be written, and can not be refilled
30
What is a Schedule III drug?
moderate potential for abuse and accepted for medical use in US contain limited quantities of certain narcotic and non-narcotic drugs Can get refilled if authorized by a practitioner
31
What is a Schedule IV drug?
low potential for abuse relative to those in Schedule III generally long acting barbiturates (central nervous system depressants), and minor tranquilizers
32
What is a Schedule V drug?
lowest potential for abuse, still require a prescription have a very low amount of narcotics some states allow for adults to request w/o a prescription (behind the counter drugs)
33
How to verify a DEA number?
1st letter determines the type of practitioner and 2nd letter is first letter of practitioner's last name 1. Add together the first, third, and fifth digits. 2. Add together the second, fourth, and sixth digits. Multiply the sum by 2. 3. Add together the totals from Step 1 and Step 2. 4. Verify that the last digit of the result of Step 3 matches the check digit of the DEA number.
34
Who has to get a DEA number?
Individuals who manufacture, dispense, or distribute any controlled substance
35
What is DEA Form 222?
used to order Schedule I or II drugs can only be done by people with a DEA license Only a maximum of 10 different items may be ordered on one DEA Form 222 Also used when returning controlled substances form Schedule II
36
What is DEA Form 106?
used if a controlled substance is stolen or lost in a pharmacy
37
What is DEA Form 41?
used when controlled substances go out of date a cover letter has to be attached, and can only be done once per year two witnesses
38
How long does records of controlled substances be kept?
2 years Schedule II records must be kept separately.
39
How are drugs required to be stored?
Schedule II- locked cabinet Schedule III, IV, V- various locations throughout the pharmacy
40
What is the Poison Prevention Act of 1970?
authorized the Consumer Product Safety Commission to create standards for child-resistant packaging. Requires that most OTC and legend drugs be packaged in child-resistant containers
41
What is the Occupational Safety and Health Act of 1970?
OSHA required medical medical facilities to comply with the Bloodborne Pathogens Standard and to be able to prove that compliance to OSHA inspectors if necessary Implemented a material safety data sheet (MSDS) for every potentially dangerous chemical used in the workplace
42
What is the Drug Listing Act of 1972?
each new drug is assigned a unique National Drug Code (NDC) number so the FDA can create a database of all drugs
43
What is the Medical Device Amendments of 1976?
required manufacturers to register and list their products and to report their device failures
44
What are the three classes of medical devices?
Class I- needles, scissors Class II- thermometers, catheters, and hearing aids Class III- life-supporting systems that can cause serious injury or death if they fail
45
What is the Orphan Drug Act of 1983?
Orphan drugs are used to treat disease that affect fewer than 200,000 people in US Offers federal financial incentives to commercial and nonprofit organizations for R&D of orphan drugs.
46
What is the Drug Price Competition and Patent-Term Restoration Act of 1984?
designed to lower drug prices by providing a mechanism to increase competition in the drug industry accelerated procedure for approval of generic versions
47
What is the Prescription Drug Marketing Act of 1987?
prohibits the reimportation of a drug in to the US by anyone but the manufacturer
48
What is the Anabolic Steroids Control Act of 1990?
placed anabolic steroids under the CSA used by athletes to become stronger
49
What is the Omnibus Budget Reconciliation Act of 1990? (ORBA '90)
requires pharmacists to offer to discuss info about new and refill prescriptions with Medicaid recipients (patients) Drug utilization evaluation (DUE) must be conducted to ensure that all prescribed medications are reviewed for appropriateness
50
What is the Dietary Supplement Health and Education Act of 1994?
clarifies the regulatory framework applicable to nutritional supplements and to create specific labeling requirements
51
What is the Health Insurance Portability and Accountability Act of 1996? (HIPPA)
1. Electronic Health Transaction Standards- standard code sets for injuries, symptoms, etc. across all hospitals 2. Unique Identifiers 3. Security and Electronic Signature Standards- safeguards for physical storage and maintenance, transmission, and access to individual health information 4. Privacy and Confidentiality Standards- limited the nonconsensual use and release of private health information (protected health information)
52
What is the Drug Addiction Treatment Act of 2000?
allowed physicians to prescribe DEA-preapproved controlled substances from Schedule III, IV, or V to people who are addicted to opioids as a part of detoxification treatments
53
What is the Medicare Prescription Drug, Improvement, and Modernization Act of 2003?
provided senior citizens and disabled people with a prescription drug benefit, additional choices, and more Medicare benefits established Medicare Part D, which is a voluntary prescription drug benefit program
54
What is the Combat Methamphetamine Epidemic Act of 2005?
designed to stop illegal use of drugs such as meth, crack cocaine, and others legal drugs that can make meth, etc. had to be kept behind counters
55
What is the Accutane iPledge Program of 2006?
Accutane is used to treat severe cystic acne, but high risk of birth defects. Required patients and pharmacists to sign up through the iPledge web site and all factors are considered when allowing for the usage of the drug
56
What is the Ryan Haight Online Pharmacy Consumer Protection Act of 2008?
Amended the CSA to prohibit the delivery and dispensing of a controlled substance that is a prescription drug over the Internet without a valid prescription, exempted telemedicine practitioners
57
What is the Patient Protection and Affordable Care Act of 2010?
Goal is to increase the quality and affordability of health insurance and lower the uninsured rate by expanding public and private insurance coverage
58
What is the Synthetic Drug Abuse Prevention Act of 2012?
banned compounds commonly found in synthetic marijuana sold as K2 or Spice by placing them as a Schedule I drug
59
What is the Drug Quality and Security Act of 2013?
created FDA oversight for large-volume compounding operations and allowed pharmacists to provided traditional compounding services to patients.
60
What is the Drug Enforcement Administration? (DEA)
oversees controlled substances enforce controlled substance laws and regulations and to prosecute both individuals and organizations who manufacture illegal drugs
61
What are the classifications for a drug recall?
Class I: The use of the product will cause severe adverse reactions or death Class II: The use of the product can cause temporary or medically reversable adverse health hazards Class III: The use of the product is not likely to cause adverse health hazards.