Law/Ethics 1 Flashcards

1
Q

Pharmacists and Interns must notify the board of a change of name, address, or place of employment within __ days

A

30

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2
Q

Pharmacist licenses must be renewed on ___

A

September 15th every odd numbered year

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3
Q

Intern Scope of Practice

A

Sale of Schedule V drugs
Receipt of oral prescriptions
Transfer/receipt on non-controlled copies
Patient counseling
Immunizations
Naloxone dispensing
Sterile and non-sterile compounding
Sending/receiving electronic prescriptions
Contacting prescriber
Performing CLIA waived tests
Stock automated dispensing cabinet

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4
Q

What can a certified technician do that a registered technician can’t?

A

Accept verbal prescriptions for non-controls
Receive copies of non-controls
Obtain clarification on a prescription
Conduct CLIA waived tests

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5
Q

Definition of disciplinary action on licenses

A

the board may revoke, suspend, restrict, limit, or refuse to renew a license, reprimand or place on probation, or impose a monetary fine

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6
Q

Actions subject to licensure disciplinary action

A

Criminal conviction
Dishonesty/Unprofessional conduct
Addicted to alcohol or drugs
Violated Ohio Revised Code
Permitted unlicensed person to practice pharmacy
Lent name to illegal practitioner
Divided remuneration
Violated consult agreement
Committed fraud
Failed to comply with an order from the board
Violated any state or federal law
Mental or physical illness preventing practice
Diversion program

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7
Q

Duties to report

A

Licensee addicted to alcohol, drugs, or physically/mentally impaired
Violation of Ohio Revised Code
Unprofessional conduct or dishonesty

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8
Q

Must report within __ any self convictions or arrests for felonies

A

10 days

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9
Q

Errors in dispensing shall not be required to be reported unless __

A

temporary harm, permanent harm, or death

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10
Q

When applying for reinstatement after impairment, the board may require

A

certification from an approved treatment provider or approved monitoring program

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11
Q

Pharmacist CE requirements

A

4CEUs, 0.2CEUs in medication safety, 0.2CEUs in jurisprudence
CE must be no more the 2 years old

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12
Q

The board requires reporting of CEUs to __ for pharmacists

A

NABP

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13
Q

Pharmacists must keep all certificates that have been issued by non-ACPE accredited providers for at least __ after the CE was reported

A

one year

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14
Q

A pharmacist may administer CLIA waived tests under which conditions?

A

facility is licensed as a clinical lab through the CLIA and has a certificate of waiver through HHS
The person conducting the test is properly trained
Test being conducted relates to the patients drug therapy

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15
Q

CLIA waved tests are determined by the FDA or CDC to be __

A

so simple that there is little risk of error

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16
Q

Physician Established Protocol covers dispensing or administration of

A

Immunizations
Certain injectables
Naloxone
Epinephrine auto-injectors
Nicotine Replacement Therapy

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17
Q

Physician Established Protocol Basics

A

Signed by a physician
Renewed every other year
One agreement may cover multiple locations
Protocol must be onsite and produced immediately upon request of the board
Rules for record maintenance

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18
Q

Physician Established Protocol Defines

A

Name/Strength/Products authorized to be dispensed
Precautions and contraindications
Intended audience
Dosage
Administration schedules
Routes of administration/Injection sites
Required patient education

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19
Q

To give immunizations, Pharmacists and interns must complete __ and have a current __

A

Board certified immunization training program
CPR training

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20
Q

Physician Established Protocol Specifics

A

Length of time the patient must be observed
Method to address emergency situations
Method to notify physicians office within 30 days of administration
Informed consent

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21
Q

Immunizations in patients >7-13 years old

A

Influenza and COVID without a prescription
Others with a prescription

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22
Q

Immunizations in pediatric patients 13 and older

A

Any immunization without a prescription

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23
Q

Pharmacists may administer these Dangerous drugs by injection

A

Opioid antagonist
Antipsychotic
Hydroxyprogesterone caproate
Medroxyprogesterone acetate
Vitamin B12

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24
Q

To administer drugs, pharmacists must __

A

Follow established Physician Established Protocol
Completed an ACPE accredited course in the administration of drugs

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25
Pharmacist may dispense naloxone in accordance with a protocol without a prescription for __
anyone who is at risk of experiencing an opioid related overdose or to the family member of a person at risk
26
The pharmacist must instruct the person receiving the naloxone, verbally or written, to __
summon emergency services when an overdose occurs
27
Training of naloxone is required unless __
patient refuses documentation of training within 12 months
28
A pharmacy must notify the board within __ of starting or stopping a naloxone dispensing protocol
30 days
29
T or F: Only pharmacists need trained to provide naloxone training
False, all employees must be trained
30
A pharmacy who has a naloxone dispensing protocol shall ensure __ except __
naloxone is available except in a shortage
31
__ should be notified upon the dispensing of an epinephrine auto injector
PCP
32
In order to dispense nicotine replacement therapy
COmplete an ACPE accredited training course on tobacco cessation Screening procedure recommended by the CDC Refer high risk to PCP Implement follow-up Must refer patient to Ohio tobacco quit line
33
After dispensing nicotine replacement therapy, PCP must be notified within __ of dispensing
72 hours
34
How many hours of jurisprudence CE must a pharmacist earn each renewal cycle?
2 hours
35
You are arrested and charged with a felony. When are you required to report this to the board?
Within 10 days of the arrest
36
Influenza vaccines for patients __ do not need to be reported
18 or older
37
How frequently are physician based protocols for dispensing and administration required to be renewed?
biennially
38
You are on your psych rotation. A patient is admitted for acute substance abuse and bipolar disorder. The patient is a pharmacist at your internship site. The patient admits during treatment to diverting and using drugs from your pharmacy over the last year. Are you required to report this to the board under duty to report laws?
No
39
Terminal Distributor of Dangerous Drugs definition
A person who is engaged in the sale of dangerous drugs at retail A person who has possession, custody, or control of dangerous drugs for any purpose other than for that person's own use and consumption
40
TDD Includes
Pharmacies Hospitals Nursing homes Laboratories
41
Distributors of Dangerous drugs
Wholesalers Manufacturers Outsourcing facilities 3rd party logistic providers Repackagers
42
Category __ licenses are required for storing and dispensing controlled substances
III
43
Adulterated Drug definition
A compounded dangerous drug if it exceeds the assigned beyond use date Is not stored or dispensed properly Quality is wrong Contains other substances
44
Who is authorized to prescribe drugs?
Prescriptions must occur in the course of the person's professional practice MD, DO, Doctor of Podiatry CNP PA Veterinarian Pharmacist
45
Restrictions on prescribing
APRNs PAs RPhs
46
Restriction prescribing (APRNs and PAs)
must be affiliated with a collaborating physician
47
RPh restrictions on prescribing
Must prescribe under a collaborative practice agreement or a physician driven protocol
48
Scope of practice
Scope of practice should be assessed by the dispensing pharmacist Used to determine if a prescription is within the scope of the prescriber
49
Non-resident prescribers
A non-resident prescriber whose license is in good standing is authorized to write prescriptions in another state that may be filled in Ohio
50
Responsible Persons
Shall be responsible for the practice of the profession of pharmacy Responsible for compliance with all state and federal laws Only pharmacists may be listed as the responsible person for TDs Supervision of drugs, adequate safeguards, security and control of drugs, and maintaining all drug records Cannot have a disciplinary action on their license
51
Can a pharmacist be responsible for more than one campus?
No, unless granted by the board
52
Responsible person at institutional pharmacies
Also responsible for the development implementation supervision and coordination of all services provided by the pharmacy
53
Pain management clinics responsible person
Only a physician may be the responsible person Responsible person must be physically present on site a sufficient amount of time to provide adequate supervision
54
Office based opioid treatment facilities responsible person
A physician or nurse practitioner may be the responsible person Must possess a waiver to furnish buprenorphine Must be on site min of 15 hours per week or 50% of total hours facility is open, whichever is less
55
TDD responsible persons
Must have a responsible person at all times Must notify the board within 10 days if there is a change in responsible person Complete inventory of controlled substances taken by new responsible person
56
TDD licenses are renewed every __
two years
57
Sale, transfer, and closing of a TDD
Detailed procedures exist for the sale or transfer of a pharmacy or TDD and also for the closing of a pharmacy or other TDD
58
Disposal of Controlled Substances
Destruction must make the substance non-retrievable Records of controlled substance destruction must be maintained for a minimum of three years
59
Positive Identification
Positive identification cannot rely solely on a private personal identifier such as a password the following are acceptable: Manual signature Barcode Biometrics Board approved system of randomly generated personal questions
60
Reporting of theft or loss of dangerous drugs or controlled substances
When significant loss of any dangerous drug or controlled substance occurs TDD must notify the board by phone If theft or loss is a controlled substance, must use federal DEA report form and filed to the state board within 30 days Must also notify the board law enforcement and DEA for any theft or loss of DEA form 222
61
Inspections and Corrective Actions
An authorized board agent may, without notice, carry out an on-site inspection or investigation The license must submit, within 30 days, a written notice stating corrective actions taken or dispute of the observed violation
62
Verification of licensure prior to purchase
Before purchasing drugs at wholesale: A TDD is required to verify that a seller is licensed to sell dangerous drugs Queries must be documented at least annually
63
Verification prior to sale
If a TDD is selling drugs to another entity they must check the board's online roster to determine if the purchaser is licensed as a distributor or terminal distributor There are exemptions
64
Storage of adulterated drugs
To prevent their use, adulterated drugs shall be stored in a separate secure area apart from other drugs May not be stored longer than one year from the date of adulteration or expiration Disposal of controlled vs non-controlled substances have different rules
65
Controlled substances inventory
All category III terminal distributor licensees must complete a controlled substance inventory at least once yearly Responsible person is responsible for completing and maintaining the inventory Inventory records must be maintained for three years
66
Internet sales of drugs
Applies to sales over the internet at retail into, out of, or within, Ohio Must be properly licensed in Ohio Must follow Ohio laws as well as federal laws Applies to vet pharmacies as well
67
Employment of individuals with felony convictions
TD shall not employ in a position which allows access to controlled substances any person who has been convicted of a felony relating to controlled substances or has had an application for DEA registration denied revoked or surrendered
68
Oral Transmission of Outpatient prescriptions
Made by a prescriber, or a prescriber's agent Agent must provide first and last name May be left on a voicemail
69
Written outpatient prescriptions
Signed by a prescriber in the same manner as the prescriber would sign a check or legal document May be transmitted by fax but must include certain items including the word void or faxed on the face of the original
70
e-scripts
Must contain full name of prescriber and prescriber's agent Controlled substance prescriptions only if complies with code of federal regulations 21 CFR 1311
71
Temporary removal of dangerous drugs from a licensed location
A licensed professional authorized to prescribe drugs may temporarily remove drugs from a licensed TDD in order to treat patients Maintain control and direct supervision over the drugs at all times Drugs must be returned within 24 hours Storage temps and conditions must be adhered to
72
General security requirements for TDDs
TDDs shall provide effective controls and procedures The board evaluates the overall security of a TDD
73
Returned drugs
No drug that has been dispensed and has left the physical premises of the TDD shall be returned There are exceptions
74
Charitable Pharmacies
Meets the following requirements: -Holds a TDD -Is exempt form federal taxes -Is not a hospital
75
Support Personnel
May work in certain capacities in charitable pharmacies, are not required to be registered or certified technicians Must be written policies regarding support personnel Permitted to sort non-controlled drugs under supervision of a licensed pharmacist Not permitted to label, package, repackage, or dispense
76
Sample drugs may be transferred to a charitable pharmacy under the following conditions
Must be an original manufacturers container, it is clearly marked as a sample Prior to transfer must be stored under proper conditions to prevent adulteration Marked with expiration date and lot number Not expired Not a controlled substance
77
Dispensing in a Charitable Pharmacy
Must have a valid prescription Shall comply with all other rules related to dispensing Pharmacy is responsible for determining the eligibility requirements for a patient to receive a sample drug Must be free of charge Must be clearly marked as sample when dispensed
78
Drug Repository Program
Program authorized to accept prescription drugs donated, or given for the purpose of being dispensed to individuals, who are residents of Ohio and meet eligibility standards Repository programs may be outpatient pharmacies, hospitals, or nonprofit clinics Must notify the board within 30 days of establishing or discontinuing a program This rule commonly applies to patients who are in LTC facilities who have drugs discontinued or those who pass away
79
Drug Repository Requirements
Eligibility requirements: Resident of Ohio, Uninsured, or underinsured Donation and recipient forms must be completed Pharmacy may charge a handling fee, not to exceed $20, to cover restocking and dispensing costs Donated drugs must never have been possessed by the patient
80
Non-Resident Pharmacies
Any person outside of Ohio that ships, mails, or delivers dangerous drugs at retail into Ohio Non-resident TDD's must maintain an Ohio license and must comply with all requirements This does not include drugs shipped into the state for destruction or disposal Must have a responsible person with an Ohio pharmacist license
81
Non-Resident Pharmacy Compliance
Must maintain all records of drugs dispensed in the state of Ohio for a minimum of three years Must meet labeling requirements for any prescription dispensed in Ohio
82
Central Fill Operations
The address of the originating pharmacy must be on the label If the central fill and the originating pharmacy are not owned by the same company, the name of the central fill pharmacy must also be shared with the patient The central fill pharmacy and the originating pharmacy must have access to common electronic files as part of a real time online database Must have a written quality assurance program
83
If the Laws Conflict
A non-resident pharmacy must follow the laws of Ohio unless they can demonstrate that following Ohio law causes them to violate the laws in the state in which they are located
84
Offer to Counsel
Non-resident pharmacies must offer to counsel on every prescription dispensed By telephone or in writing on a separate document Must include a number where a pharmacist can be reached Must be no cost to the patient Must have sufficient telephone service to provide access to incoming callers
85
Nonresident Inspections
Non-resident TDDs shall permit authorized BOP agents to enter and inspect their premises and delivery vehicles The TDD shall be responsible for all costs incurred by the board of pharmacy agent in conducting the inspection In lieu of an inspection the TDD may submit: -Inspection reports from anoteher state licensing agency -Documentation from the NABPs verified pharmacy program (VIPP)
86
Compounded Drugs by Non-Resident Pharmacies
Must comply with USP 797 and 800 compounding regulations Compounded drug must appear prominently on the label May only be patient specific if for human use May be non-patient specific if for animal use An Ohio licensed pharmacist must be on the TDD as the responsible person Product quality issues must be reported to the state board within 72 hours of discovery
87
Pain Management Clinics - Drug Security
Drugs must be stored in a securely locked substantially constructed cabinet or safe This should be placed in an area that's not readily accessible It shall remain locked and secured when not in use The combination or access code must be changed if an employee who knows the code has been terminated If it's locked with a key, the key must be kept inaccessible to anyone other than the prescriber or pharmacist
88
Record Keeping - Pain clinics
Must keep a record of all dangerous drugs received, administered, personally furnished, disposed of, sold, or transferred Administration records for non controlled drugs must contain the identification of the healthcare professional administering the drug, For controlled drugs it must include positive identification
89
Consult agreements
One or more pharmacists may enter into a consult agreement with one or more physicians if all the following are met: -Each physician has an ongoing physician patient relationship -The diagnosis is within the scope of practice of the physician -Each pharmacist has training and experience related to the diagnosis
90
Consult agreements besides physicians
Physician assistants Certified nurse practitioners Clinical nurse specialists Certified nurse midwifes -all must be authorized by their collaborating position
91
What can a pharmacist do under a consult agreement?
Manage drug therapy -Starting or stopping medications -CHanging doses/dosage forms/routes -Ordering labs -Administer drugs covered under the agreement Does not authorize the pharmacist to make a diagnosis
92
Termination of a consult agreement
Can be terminated at any time by the pharmacist, prescriber, or patient If any of the 3 parties terminates the agreement, the other 2 parties must be notified in writing Terminations must be recorded in the medical record
93
Consult agreement requirements
Must be in writing and must include: -Diagnosis being managed -Description of the drugs or drug categories involved -Description of the procedures, decision criteria, and plan the RPh is to follow -Description of compliance with record keeping -All prescribing, administering, and dispensing must include positive identification Must be communicated to each patient The RPh must maintain a record of each action taken for each patient under the agreement Communication shall take place "at regular intervals" specified by the physician The pharmacy or medical board may adopt additional rules and can include categories of drugs or disease states for which they may not appy
94
How long are consult agreements effective for
2 years
95
Liability - Consult agreements
A pharmacist acting in accordance with a consult agreement regarding a physicians change in a drug for a patient whose drug therapy the pharmacist is managing is not liable for damages in a tort or other civil action for injury or loss allegedly rising from the change The reverse is also true unless the physician specifically authorized the change
96
Consult agreements - training and experience
Pharmacists must have training and experience related to the particular diagnosis for which drug therapy is prescribed Must be an Ohio licensed pharmacist in good standing, and who meets the training and experience criteria -Privileging and credentialing, board certification, CE and other training -Must be a process to verify pharmacists meet the criteria
97
Consult agreements - consent
Consent shall be obtained from each individual patient participating in a consult agreement - inpatients are an exception The consent must communicate the following: -A pharmacist may be utilized in the management of patient care -The patient has the right to withdraw from the agreement -Consent may be obtained as part of the patient's initial consent to treatment
98
Consult agreements - controlled substances
Controlled substances may be ordered/managed under a consult agreement Pharmacists must maintain a valid controlled substance prescriber registration in Ohio Must maintain a DEA number Must pull an OARRS report prior to managing therapy
99
Consult agreements - other rules
May not delegate drug therapy management to anyone else not listed in the agreement -May delegate the administration of drugs to a licensed healthcare professional in accordance with their scope of practice Rules of consult agreements do not apply to therapy management by formulary Pharmacists must meet with patients under an outpatient consult agreement at least once yearly
100
Steps to drug therapy management
Review patient's history Conduct an initial consultation with the patient Order and evaluate tests Prescribe medication, evaluating any contraindications Document in the medical record Prescriptive authority shall not exceed what is specified in the consult agreement
101
Consult agreements - opioid treatment programs
May administer controlled substance narcotics under consult agreement for the maintenance or detoxification of opioid addiction
102
Consult agreements - institutional or ambulatory outpatient facilities
Agreement must be signed by the primary physician (medical director) or designee AND the responsible person on the terminal distributor license or an individual pharmacist All amendments must be signed and dated by the primary physician and the pharmacist listed
103
Consult agreements - continuous quality improvement
Consult agreements must contain a quality assurance mechanism Ensure pharmacists are only acting within scope authorized by the agreement A description of the CQI program
104
Medication Therapy Management
Is a distinct group of services that is intended to optimize the therapeutic outcomes of a patient MTM can be an independent service provided by a pharmacist or pharmacy intern or can be in conjunction with dispensing
105
Objectives of MTM
Enhancing appropriate medication use Improving medication adherence Increasing detection of adverse drug events Improving collaboration between prescriber and pharmacist Improving outcomes Completing a Comprehensive Medication Review (CMR) is often a core component of MTM
106
Who can provide MTM
An Ohio licensed pharmacist An Ohio licensed intern under the supervision a pharmacist A pharmacist or pharmacy intern practicing in another state in accordance with that state laws and rules
107
MTM - Individual Patient Needs
MTM should meet individual patient needs and may include the following: -Conducting a patient health status assessment -Developing a medication treatment plan for monitoring and evaluating response to therapy and monitoring the safety and effectiveness of medication therapy -Performing a medication review to identify, prevent, or resolve medication related problems -Providing education and training to a patient -Documenting the delivery of care -Providing services to enhance adherence