Law Exam 1 - Lecture 6 (prescribing, OBRA '90, DSHEA) Flashcards
Full Prescribers are recognized as having the authority to prescribe in every jurisdiction. Name the 4 prescriber types this applies to:
Physicians
Dentists
Podiatrists
Veterinarians
T/F: The 4 Full Prescribers prescriptions are honored in any part of the US, so long as they are licensed in at least one jurisdiction of the US
T
T/F: mid level prescribers have authority to prescribe across all states
F
Scope of practice: physicians
whole body authority for humans
Scope of practice: dentists
mouth and maxillofacial (jaw and face) area for humans
Scope of practice: podiatrists
feet, ankles for humans
Scope of practice: veterinarians
whole body authority for animals
To be exempted from misbranding, a prescription label must contain (main 4):
- the name and address of the dispenser
- the serial number of the prescription (prescription number)
- the date of the prescription or its filling
- the name of the prescriber
To be exempted from misbranding, a prescription label must contain (extra 3):
- If stated on the prescription, the NAME of the patient
- if contained on the prescription, any DIRECTIONS for use
- if contained on the prescription, any CAUTIONARY STATEMENTS
4 primary requirements for OBRA ‘90 (Omnibus budget Reconciliation Act) related to pharmacy practice
- prospective drug utilization review (DUR)
- retrospective drug utilization review
- offer to conduct patient counseling
- maintaining patient records
What/who does OBRA ‘90 target?
spending on medications by Medicaid beneficiaries
OBRA ‘90 Prospective DUR
pharmacist must review drug therapy before each prescription is filled for accuracy and appropriateness
OBRA ‘90 retrospective DUR
states must review medication use of drugs and compare how they are being used against accepted standards
OBRA ‘90 patient counseling
-law requires an offer for patient to speak to pharmacist
-pharmacist should counsel on matters they deem significant within their clinical judgement
OBRA ‘90 patient records
a reasonable effort must be made by the pharmacist to obtain, record and maintain certain patient information
the Dietary Supplement Health and Education Act (DSHEA) defined dietary supplement as what?
a product intended to supplement the diet that contains one or more of:
-vitamin
-mineral
-herb or botanical
-amino acid
dietary supplement labeling must contain what 5 things?
- name of product and the phrase ‘dietary supplement’
- quantity of contents
- manufacturer’s, packer’s, or distributor’s name and address
- directions for use
- supplement facts panel containing serving size, ingredients, amount per serving, and %DV if established