Law Part 1 Flashcards
Define who has access to drug stock
includes individuals with not only physical access but also influence over the handling of prescription drugs including: purchases, inventories, issuance of medical order.
Define Act of Moral Turpitude
Act or behavior that gravely violates moral sentiment or accepted moral standards of the community and is a morally culpable quality held to be present in some criminal offenses as distinguished from others.
A drug is defined as:
USP recognized article for use in diagnosis, cure, treatment, or prevention of disease in humans or animals.
A faxed prescription form in any situation must be _____
manually signed by the prescriber. Faxed refill authorizations must be manually signed as well.
- must also include the identification number of the fax machine used to transmit the prescription
If an “agent” is sending prescriptions via faxed what should also be on the script?
besides the providers signature it should also have the agents full name
Most Computer to Fax prescriptions are now considered…
illegal, there are a few exceptions
Define a “closed system” where a compute to fax prescription can be done
the scripts are transmitted directly between companies/entities under common ownership and control one or more contracted companies
Other than a closed system computer to fax prescription set up, what is one other way that this viewed as legal?
in a situation where there is a temporary telecommunication outage of the third party intermediate (NON CONTROLLED ONLY)
Pharmacists must disclose drug price information for all drugs except for?
Class 2 drugs
what is defined as readily retrievable?
records that can be produced for review within 3 business days
What is denying original or continued licensure for a period of at least 24 months referred to as?
Refuse to grant or renew
A pharmacy that dispenses (sells) drugs at retail (other than for own use as with a practitioner) - Includes laboratories
terminal distributor
Third Party Logistics Provider
contracts with a manufacturer or wholesaler to provide or coordinate warehousing, distribution, or other services on their behalf but does not take title of prescription drugs or have the responsibility for their sale disposition
Wholesaler Sale
Any sale that is made with the purpose of the purchaser to resell the article purchased or received
Occasional Sale is when
a wholesale sale of a commercially available prescription drug to another terminal distributor or person exempted from being a terminal distributor
the 5% limitation to occasional sales does not apply to the sales, transfers, or deliveries or prescription drugs considered:
- as intracompany (between pharmacies under the same ownership)
what is the federal law definition of a prescription drug?
a drug that is unsafe for use except under the supervision of a practitioner because of toxicity, mode of use, or any other measures necessary to use the drug
Name 5 of the 11 minimum standards for a pharmacy under the pharmacy practice act
- Library
- Equipment
- stock of drugs
- prescription containers
- space and fixtures
- pharmacy hours posted
- personnel and staffing
- catch all: additional minimum standards for specialized pharmacy practices
- internet access
- name tags that include job title
- institutional: quality assurance program
In the pharmacy practice act a pharmacist is required to have internet access to what 4 sources?
- the board of pharmacies website
- LA Writer Ohio Laws and Rules
- the code of laws of the United States of America
- the code of federal regulations
What is evaluated by the required quality assurance program that is required for institutional pharmacies via the Pharmacy Practice Act (4)
- quality and appropriateness of patient care
- pursue opportunities to improve patient care
- prevention and detection of drug diversion
- resolve ID problems
When a prescription is returned to stock after a patient fails to pick it up what is the BUD?
1 year from date the script was dispensed or whenever the bottle used expires (soonest).
Can you remove the label from a prescription bottle (not OG packaging) that is returned to stock?
No! - you may add or modify the existing label is the drug name, dose, and original expiration date are maintained
You may be able to place a new label over the existing one if the drug is verified by a pharmacist or electronic verification system after the admin of a new label
If there is a drug recall, all medication on the shelf that was previously dispensed in a patient bottle should be -
removed from the shelfs unless the pharmacy can determine that medications exact lot number
What are the two conditions that a patient container can be returned to stock after a delivery agent brings them back?
(only needs to meet one)
- it had to have been dispensed in a tamper evident container or package prior to leaving the pharmacy
- dispensed in the manufacturers original tamper evident packaging
What are the two conditions that a patient container can be returned to stock after a delivery agent brings them back?
(only needs to meet one)
- it had to have been dispensed in a tamper evident container or package prior to leaving the pharmacy
- dispensed in the manufacturers original tamper evident packaging
How long is a consult agreement valid for?
2 years
Who can pharmacists enter a consult agreement with?
Physicians
Physician assistants, if entering into a consult agreement is authorized by one or more supervising physician
Clinical nurse specialists, certified nurse-midwives, or certified nurse practitioners, if entering into a consult agreement is authorized by one or more collaborating physicians.
Consult agreements must be in writing and must include:
1.the diagnosis and the diseases being managed
2.description of drugs or categories the agreement involves
3.description of the procedures, decision criteria, and plan the pharmacist is supposed to follow
4.description of how the pharmacist is to comply with the records of each action taken
Comorbid Disease is….
an additional disease that co-occurs with a primary disease. A co-morbid disease may be related to or occur independently of the primary disease
Define Primary Disease
disease that arises spontaneously and is not associate with or caused be a previous disease, but may lead to a co-morbid disease
A consent must be “communicated” to each patient participating in a consult agreement. It must include what 4 things?
- A pharmacist may be utilized in the management of the patients care
- the patient has the right to participate or withdraw from the consult agreement
- this consent may be part of the patient’s initial onset to treatment
- managing pharmacist means a pharmacist managing a patient’s drug therapy pursuant to a consult agreement
Inside a consent agreement what can be outlined in regards to training of pharmacists?
A consent agreement can outline training and experience criteria for the managing pharmacists to manage drug therapy under the agreement.
Can include: privileging or credentials, board certs, CE, etc
Once the consult agreement is completed a pharmacist is consider one of two things:
- Prescriber authorized to issue new or refill drug orders in writing, orally, fax, or electronic prescribing
OR
- Agent of the prescriber
If a pharmacist is an AGENT of a prescriber with a consult agreement the pharmacist must ______
-include required prescriber information of the consulting prescriber (name, address, etc)
- telephone # of where the managing pharmacist can be contacted during business hours
- all positive identification (including manual signature) on the prescription shall be of the managing pharmacist on behalf of the consulting provider
When should you notify the board if a pharmacist is no longer authorized to prescribe controlled substances per the consult agreement?
Within 5 days. The BOP will then void their controlled substance prescriber license
When should a pharmacist’s DEA number from the federal government be submitted to the board by?
must be done within 30 days, or at any point changes are made
When should a pharmacist managing a patient’s drug therapy via consult agreement request and review OARRS report covering one year ? (2)
- adds a controlled substance to the patient’s drug therapy
- adjusts a controlled substances, strength, dose, dosage form, route, or frequency of administration
A practitioner is defined as:
licensed health care professional authorized to prescribe drugs
A pharmacist can dispense or sell a dangerous all drugs EXCEPT ____ without a prescription from a licensed health care professional authorized to prescribe medications …..
Schedule 2
What things are needed in order for a pharmacist to dispense or sell a dangerous drug without a prescription?
(8 things)
- pharmacy record of a RX with no RF or expired for pt
- RPh is unable to contact the prescriber for refills
- in PharmD’s judgement that drug is essential to sustain life - or failure to dispense can cause harm to the patient
- decision of 72 hr or 30 d supply
- record of dispensing and notifying prescriber within 72 hours
- keep records of dispense x 1 yr
- must create a new rx for the emergency refill
- the law does NOT specify that the record for the RX be specific for that pharmacy.
When can a 30 day emergency dispense be considered?
if the patient has been on consistent drug therapy demonstrated by records maintained by the pharmacy. The drug dispensed cannot exceed a 30 day supply OR the standard unit available for the drug if the standard unit exceeds 30 days
(inhaler meant to last 60 days - with instructions)
Can you redispense a medication for a patient after you’ve already dispensed a 30-day emergency fill?
Yes, you can dispense up to a 7 day supply a SECOND AND THIRD time within a 12 month period
When can a pharmacy not charge a patient’s medication to a copay/co-insurance health plan?
when the plan co-pay is more than the cash price! the pharmacy must inform the patient of this cost -savings
What are the 7 criteria for “Registration of Pharmacists” ?
- 18 yo
- good moral character
- attended an accredited pharmacy program
- met minimum intern requirements determined
- passed licensures
- completed naplex + mpje in at most 5 attempts
- any disciplinary action taken by any board of pharmacy must be reported to all boards the person is licensed in
How many members are on the board of pharmacy?
9 that are appointed by the governor
Of the 9 members on the board, how many are pharmacists?
8 !
the 9th individual must be a consumer of at least 60 yo
How long is a term on the board of pharmacy?
4 years! you may be reappointed for one additional four year term
When is the term start date for the board of pharmacy?
July 1st
What type of prescription can an intern not partake in during a transfer?
Controlled Substances - Pharmacist only
What schedule drug can have refills good for 1 year?
C-V
Can an intern consult a patient prior to dispensing simultaneous refills?
No, the law prohibits this and requires that only a pharmacist does this
Who can use the words “pharmacy” or “drug store”
Terminal distributors
When can a pharmacist not dispense a generic?
When the provider has written in their own handwriting in any way that portrays DAW.
A verbal DAW wording reference
When must a pharmacist notify a provider when a biological product was switched for a patient? (provide the additional information they must also give)
5 days
Must also tell them the product name and the manufacturer
Orange Book
FDA generic bioequivalence book
Purple Book
FDA list of licensed biological products
includes exclusivity and biosimilarity or interchangeability evaluation
Name on an RX label for a pet
Last Name of Owner, Name of Animal, Species
EX: McCrory, Lacy Jo, Canine
A small label that is usually placed on a multi dose container must include: (2)
RX number and patient name
When can a patient self medicate at bedside in the hospital?
When it is the same directions as the outpatient label
What must be on a label of a sample provided by prescriber?
Name of the prescriber
Patient Name
Directions
Max Days supply limit for patient medication packages:
31 days
Max Expiration date for patient specific medication packages
6 months