Lecture #1 Flashcards
The US and Indiana operate as both a democracy and a republic:
Democracy: a government in which the supreme power is vested in the people and exercised by them directly or indirectly through a system of representation usually involving periodically held free elections
Republic: a government in which supreme power resides in a body of citizens entitled to vote and is exercised by elected officers and representatives responsible to them and governing according to law
As a result, you have representatives serving you in each jurisdiction
Federally, all citizens are represented by 3 individuals:
Two United States Senators represent each state, and serve a 6-year term
One United States Representative represents one of 435 congressional districts (each serving roughly 750,000 people), and serves a 2-year term
In Indiana, all citizens are represented by 2 individuals:
One Indiana State Senator represents one of 50 districts (each serving roughly 130,000 people), and serves a 4-year term
One Indiana State Representative represents one of 100 districts (each serving roughly 65,000 people), and serves a 2-year term
Federal legislative process
Each federal congress is convened over a rolling two-year term.
The 119th United States Congress convenes January 3rd, 2025,
through January 3rd, 2027
Each United States Congress has two sessions, each of which start on January 3rd. Bills may be carried over from the first session to the second session, but must be passed by the end of the second session.
How is lawmaking in Indiana
Indiana is a “Citizen Legislature,” meaning that lawmaking is not a full- time profession in Indiana.
What is the legislative body of Indiana?
The “General Assembly” is the legislative body of Indiana, consisting of senators and representatives. They meet in two sessions over two years.
What is the long session?
The first regular session or “long session” begins in early January of odd years, can last up to 61 working days, but must end by April 30th.
What is the short session?
The second regular session or “short session” takes place in even years, can
last 30 days, but must end by March 15th.
When there is a difference between the state law and the federal law, which law should you follow?
whichever one is more strict
What is a statute?
A statute is “a written law enacted by the legislature”
* Federal law: listed in the United States Code (USC)
* Indiana law: listed in the Indiana Code (IC)
What is a regulation?
A regulation is “a rule having the force of law issued by an administrative agency”
* Federal rules or regulations pertaining to pharmacy are usually established by the Food and Drug Administration and the Drug Enforcement Administration.
* Federal regulations: listed in the Code of Federal Regulations (CFR)
* State rules are established by state boards of pharmacy
* Indiana regulations: listed in the Indiana Administrative Code (IAC)
How to cite statutes?
United States Code (USC): Title USC §Section(subsection)
Indiana Code (IC): IC Title-Article-Chapter-Section
How to cite rules?
Code of Federal Regulations (CFR): Title CFR §Section(subsection(s))
Indiana Administrative Code (IAC): Title IAC Article-Chapter(Rule)-Section
What are the three categories of actions that pharmacists may be held responsible for if they don’t follow the law?
criminal action
civil action
administrative action
What is criminal action?
you break the law and are punished by the state or federal government, traditionally through fines or jail time
What is civil action?
a private party sues another party because they believe they have been harmed by something that was done, in an attempt to receive restitution (payment) for the act
What is administrative action?
a professional (like a pharmacist) violates a law or regulation, and an administrative agency (the Board of Pharmacy) investigates and may restrict licensure or abilities to act under a license
