Midterm Study Guide Flashcards
what are the three branches of federal government?
Legislative, Executive, and Judicial
what comprises the federal legislative branch?
house and senate
what comprises the federal executive branch?
President
what comprises the federal judicial branch?
supreme court
what are the three federal agencies that regulate pharmacy laws?
US congress (house & senate)
DEA
FDA
what are the two main state agencies that regulate pharmacy laws? (for Oregon) where do they incorporate changes in laws?
State legislature: Oregon Revised Statutes (ORS)
Oregon BOP: Oregon Administrative Rules (OAR)
Who grants power to BOP?
State legislature
BOP board members are appointed by who? they are approved by?
governer
senate
BOP reports to?
governer
define liability
responsibility for actions of yourself & others
define Vicarious Liability
employers are responsible for actions of employees
define negligence
is negligence considered a tort?
specifically for a pharmacist, define what it means
failure to behave or perform in the correct way
yes
a legal standard for your behavior as a licensed professional
define malpractice
examples where malpractice can occur in the pharmacy include? (multiple options)
a. counseling someone who is not the patient
b. quality of drug dispensed
c. incorrect drug
d. different NDC of the same drug
e. incorrect quantity or dosage
f. technician counting a controlled substance
g. failure of duty to warn/inadequate counseling
negligence occurring in the practice of professionals
b,c,e,g
what four factors must be proven for legal liability of negligence?
duty owed
breach of duty
causation
damages
explain comparative negligence
plaintiff could’ve avoided the consequences of negligence such as a patient knowingly taking a medication they thought was incorrect
define statute of limitations
time limit when a malpractice claim must be filed
define tort
a civil wrong that unfairly causes someone harm resulting in legal liability
Differences between ORS and OAR:
ORS: signed by governor, changes require vote
OAR: laws passes by state agencies like BOP, written and passed by BOP
what type of lawsuit is criminal?
a. government (the people) vs. person
b. person vs. person
c. agency vs. licensee
a
what type of lawsuit is civil?
a. government (the people) vs. person
b. person vs. person
c. agency vs. licensee
b
what type of lawsuit is administrative?
a. government (the people) vs. person
b. person vs. person
c. agency vs. licensee
c
define burden of proof
requirements for criminal, civil, and administrative cases?
level of evidence required to prove charges
criminal: beyond a reasonable doubt
civil: preponderance of evidence (50% chance claim is true)
administrative: preponderance of evidence (50% chance claim is true)
what is the purpose of antitrust laws?
protect consumers from predatory business practices and ensure fair competition
what was the Sherman Antitrust Act?
what was the main goal?
Prohibits competitors from entering into agreements that inhibit competition
help markets remain competitive and keep prices low via competition
what was the Robinson-Patman Act?
prevent discriminatory pricing to similar competitors
what main impact did the Pure Food and Drug Act have on patient health & safety
what was its flaw?
Protect public from adulterated & misbranded food & drugs
had no regulation of drug safety
what main impact did the Food Drug and Cosmetic Act have on patient health & safety
FDA regulates safety of products
what was the main impact of the Durham-Humphrey Amendment to the Food Drug and Cosmetic Act?
establishment of OTC category of drugs (created two categories of drugs: prescription and OTC)