Law exam 2 - 94C & C13 Flashcards
C13
Describe the composition of the Massachusetts Board of Pharmacy (Board).
8 registered pharmacists
- 2 independent pharmacists
- 2 chain pharmacists
- 1 hospital pharmacists
- 1 long-term care pharmacist.
- 1 sterile compounding pharmacist
- 1 academic pharmacist
1 pharmacy technician
1 representative of the public with experience in health care service delivery
administration or consumer advocacy, subject to section 9B
1 physician registered pursuant to chapter 112
1 nurse registered pursuant to said chapter 112
1 expert in patient safety and quality improvement.
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How many members are on the Board?
13
8 pharmacists
5 other members
C13
What are the requirements to becoming a Board member?
no disciplinary action
no felonies
C13
Who appoints the Board members?
the governor
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What are the experience requirements for a Board member?
7 consecutive years
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How is an Independent Pharmacist defined?
a pharmacist actively engaged in the business of retail pharmacy
example: beacon pharmacy, Prescott pharmacy
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How is a Chain Pharmacist defined?
a pharmacist employed by a retail drug organization that operates 10 or more retail drug stores
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What is the term of years that a Board member can serve?
3
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Can a Board member be re-appointed
yes
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What are the requirements for a Board Meeting?
organize by electing a president and secretary, who shall be members of the board, and shall hold their offices for one year.
C13
How often does the Board meet?
The board shall meet on the first Tuesday of December each year, The Meeting is to elect the president and secretary
The board shall annually hold regular meetings on the first Tuesdays of January, May and October and have additional meetings if need
C13
Can the Board appoint agents? If yes, describe who the agents are and their roles.
yes
They shall inspect drug stores and all other places of business wherein drugs, medicines, patent medicines, medical preparations, and medical supplies of any kind are sold or distributed
so…agents are board of pharmacy inspectors who go out and inspect pharmacies
Why board would send an agent to the pharmacy: complaints, violations, regular point of inspection, pre-opening inspection, could be for cause or not for cause
Board oversee retail pharmacies, health souring facilities, whole sales, pharmacist, interns and technicians
Could board of pharmacy come to hospital pharmacy?- yes, they would not be inspecting cause that would be under DPH but if issue with techs, interns and pharmacist then they will go to hospital
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What training is required for Board agents?
Need to be trained in USP 795 & 797
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What information can you find on the Board’s website?
check a license
File a complaint
Search
Members
Leaders
More actions on licensing, resources
Meetings
Previous meetings too
Administer
the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject
Class
the lists of controlled substances for the purpose of determining the severity of criminal offenses under this chapter.
Controlled Substance
a drug, substance, controlled substance analogue or immediate precursor in any schedule or class referred to in this chapter.
Counterfeit Drug
a substance which is represented to be a particular controlled drug or substance, but which is in fact not that drug or substance.
Deliver
to transfer, whether by actual or constructive transfer, a controlled substance from one person to another, whether or not there is an agency relationship.
Dispense
to deliver a controlled substance to an ultimate user or research subject or to the agent of an ultimate user or research subject by a practitioner or under the order of a practitioner, including the prescribing and administering of a controlled substance and the packaging, labeling, or compounding necessary for such delivery
Distribute
to deliver other than by administering or dispensing a controlled substance.
Drug
(a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(c) substances, other than food, intended to affect the structure, or any function of the body of man and animals; or
(d) substances intended for use as a component of any article specified in clauses (a), (b) or (c), exclusive of devices or their components, parts or accessories.
Electronic Prescription
a lawful order from a practitioner for a drug or device for a specific patient that is generated on an electronic prescribing system that meets federal requirements for electronic prescriptions for controlled substances, and is transmitted electronically to a pharmacy designated by the patient without alteration of the prescription information, except that third-party intermediaries may act as conduits to route the prescription from the prescriber to the pharmacist; provided however, that electronic prescription shall not include an order for medication, which is dispensed for immediate administration to the ultimate user; and provided further, that the electronic prescription shall be received by the pharmacy on an electronic system that meets federal requirements for electronic prescriptions. For the purposes of this chapter, a prescription generated on an electronic system that is printed out or transmitted via facsimile is not considered an electronic prescription.
Extended-release long acting opioid in a non-abuse deterrent form
drug that is: (i) subject to the United States Food and Drug Administration’s extended release and long-acting opioid analgesics risk evaluation and mitigation strategy
(ii) an opioid approved for medical use that does not meet the requirements for listing as a drug with abuse-deterrent properties under section 13 of chapter 17
(iii) identified by the drug formulary commission under said section 13 of said chapter 17 as posing a heightened level of public health risk.
Manufacture
the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, including any packaging or repackaging of the substance
Narcotic
(a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(b) Any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (a), but not including the isoquinoline alkaloids of opium;
(c) Opium poppy and poppy straw;
(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocainized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine
Drug
(a) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(b) substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(c) substances, other than food, intended to affect the structure, or any function of the body of man and animals; or
(d) substances intended for use as a component of any article specified in clauses (a), (b) or (c), exclusive of devices or their components, parts or accessories.
Oral prescription
an oral order for medication which is dispensed to or for an ultimate user, but not including an order for medication which is dispensed for immediate administration to the ultimate user by an individual who is authorized to administer such medication under this chapter.
Outsourcing facility
an entity at 1 geographic location or address that: (i) is engaged in the compounding of sterile drug preparations; (ii) has registered with the federal Food and Drug Administration as an outsourcing facility pursuant to 21 U.S.C. section 353b; and (iii) has registered with the board of registration in pharmacy pursuant to section 36E of chapter 112.
Pharmacist, Pharmacy
any pharmacist registered in the commonwealth to dispense controlled substances, and including any other person authorized to dispense controlled substances under the supervision of a pharmacist registered in the commonwealth.
a facility under the direction or supervision of a registered pharmacist which is authorized to dispense controlled substances, including but not limited to ‘‘retail drug business’’ as defined below.
Practitioner
except that if any substance that has not been scheduled pursuant to the provisions of this section is designated a controlled substance under the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970
or any amendment thereof, or if any substance that has been scheduled pursuant to the provisions of this section is designated a controlled substance of greater abuse liability under the Federal Comprehensive Drug Abuse Prevention and Control Act of 1970
or any amendment thereof, the commissioner, pursuant to the provisions of chapter thirty A, shall, not more than thirty days after publication of final notice in the federal register
or not more than thirty days after the effective date of any federal statute affecting the scheduling of controlled substances under said federal act
or any amendment thereof, issue a regulation controlling the substance in a schedule corresponding to the federal schedules.
Prescription Drug
any and all drugs upon which the manufacturer or distributor has, in compliance with federal law and regulations, placed the following: ‘‘Caution, Federal law prohibits dispensing without prescription’’.
Registrant
Registration
Registration Number
a person who is registered pursuant to any provision of this chapter.
unless the context specifically indicates otherwise, such registration as is required and permitted only pursuant to the provisions of this chapter.
such registration number or numbers, either federal or state, that are required with respect to practitioners by appropriate administrative agencies.