Pharm Law Lecture 1 Flashcards
Difference between a democracy and a republic
Democracy- A government in which the supreme power is vested in the poeple and excercised by them directly o indirectly through a system of representation usually involving periodically held free elections.
Republic- is a government in which supreme power reside in a body of citizens entitled to vote and is excercised by elected officers and representatives responsible to them and governing according to law (you have representatives serving you in each jurisdiction)
Federally, all citizens are represented by how many individuals? Name them.
Three 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 two year term.
In indiana, how many individuals represent the citizens
two individuals
One indiana state senator
One indiana state representative
Each federal congress is convened over how long
Two years
What is the general assembly? How any sessions? HOw long?
The legislative body of indiana consisting of senators and representatives. They meet in two sessions over two years.
What are the sessions of the general assembly called? WHen do they begin and end
Long session and short session
Long- Begins early in january of odd years, can last up to 61working days. Must end by april 30th
Short- Takes place in even years, can last 30 days. Must end by march 15th
When there is a difference in state law or federal law, which law should you follow
WHichever law is more strict
What is a statute? Federal law? Indiana law? Regulation?
Statute- written law enacted by legislature
Federal law- listed in United STates COde (USC)
Indiana law- listed in Indiana code (IC)
Regulation- A rule having force of law issued by administrative agency (FDA, DEA)
Where are federal regulations listed? STate rules?
In code of federal regulation
Indiana regulations- listed in indiana administrative code (IAC)
STatute vs rule/regulation
Statute is a written law enacted by legislature
Federal law- listed in united states code (USC)
Indiana law- Listed in indiana code (IC)
Regulation is a rule having force of law
When citing the law, how do you cite statutes? Example
for united states code (USC)
- Title USC (weird S symbol that means section) Section (subsection)
21 USC (symbol) 353 (b)
For indiana code (IC)
IC title-article-chapter-section
IC 25 26 13 15
When citing law, how do you cite rules? give an example?
-Code of federal regulations (CFR)
Title CFR (weird S symbol) section (subsection)
21 CFR SS 1306.04 (a) (1)
-indiana administrative code (IAC)
Title IAC article- chapter (rule)- section
856 IAC 1-3.1-11
What are the three different ways pharmacists may be held responsible for not following law
Criminal action- jail
Civil action- law suit
Administrative action- losing your license
