Pharmacy Laws Flashcards

1
Q

Description of Laws

A
  • Act: “a statutory plan passed by Congress or any legislature which is a ‘bill’ until enacted and becomes law”
  • Amendment: a change in the original act or law
  • Pharmacy laws pertain to the safety of the general public
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2
Q

1906 Pure Food and Drug Act

A
  • 1st federal law regulating drugs

- Enacted to stop the sale of inaccurately labeled drugs

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3
Q

1914 Harrison Narcotic Act

A
  • Enacted because of the excessive number of opium addicts in the United States
  • People could no longer obtain opium without a prescription
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4
Q

1938 Food, Drug, and Cosmetic Act

A
  • Enacted because the 1906 Pure Food and Drug Act was not worded strictly enough and did not include cosmetics
  • Basis for pharmacy law today
  • New Drug Application required by FDA
  • All narcotics were required to be labeled “Warning: May be habit-forming”
  • Required adequate directions for use (package inserts)
  • Defined the exact labeling for products and defined misbranding and adulteration as being illegal
  • Adulteration: Unsanitary; unsafe (including preparation & storage)
  • Misbranding: False or misleading; Poorly labeled; Lacking warning labels if addictive
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5
Q

1951 Durham-Humphrey Amendment

A
  • Made the initial distinction between legend drugs (by prescription only) and non-prescription (over-the-counter or OTC medications)
  • Required legend drugs be labeled “Caution: Federal law prohibits dispensing without a prescription”
  • Must be prescription by a licensed practitioner: Physicians, veterinarians, dentists, physician assistants, nurse practitioners
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6
Q

1962 Kefauver-Harris Amendment

A
  • Enacted in an attempt to ensure the safety and effectiveness of all new drugs on the market (both legend and OTC)
  • Burden put on manufacturing companies to have good manufacturing practices (GMP): FDA inspections; Drug testing and approval required
  • Prevented the sale of thalidomide in the United States because children were born with birth defects after use in pregnancy
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7
Q

1970 Comprehensive Drug Abuse Prevention and Control Act

A
  • The Drug Enforcement Agency (DEA) was formed to enforce the laws concerning narcotics and their distribution
  • Created controlled substance I-V
  • Closed system allowing distribution of controlled substances to only those registered with DEA
  • Established strict recordkeeping guidelines
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8
Q

1970 Poison Prevention Packaging Act (PPPA)

A
  • Enacted to reduce accidental poisoning in children
  • Requires most OTC and legend drugs be packaged in child-resistant containers: 80% under 5yrs cannot open 90% adults should be able to open
  • Exceptions to child-resistant containers: Upon specific request of physician or written consent of patient( elderly); Institutionalized patients; Certain emergency medications (sublingual nitroglycerine tablets)
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9
Q

Occupational Safety and Health Act of 1970 (OSHA)

A
  • Ensures a safe and healthful workplace for all employees.
  • Requires a reporting system for job-related injuries and illness.
  • Attempts to reduce hazards in the workplace and conduct audits to ensure compliance with the Act.
  • Established universal precautions.
  • Addresses air contaminants, flammable and combustible liquids, eye and skin protection, and hazard communication standards.
  • OSHA requires use of Safety Data Sheets (SDSs), which are to be provided by the seller of a particular product to the purchaser.
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10
Q

1972 Drug Listing Act: National Drug Code

A
  • Implemented under the authority of the FDA

- Every drug has a unique 10-digit number divided into three segments

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11
Q

Orphan Drug Act of 1983

A
  • Allowed drug companies to bypass the lengthy time requirements of testing a new drug and the cost that accompanied them to provide a medication to persons who had rare disease(s) (disease that affected 1 in every 200,000 people)
  • Also covers diseases that affect >200,000 if it could be proved that the cost of developing and testing the drug could not be recovered by the eventual sales.
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12
Q

1987 Prescription Drug Marketing Act

A
  • Maintain legal supply channel from mfg. to distributors and wholesalers.
  • Prohibits sale or distribution of samples to anyone other than who can prescribe them
  • Controlled the use of drugs in animals
  • Required the labeling “Caution: Federal law restricts this drug to use by or in order of a licensed veterinarian”
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13
Q

1990 Omnibus Budget Reconciliation Act (OBRA 90)

A
  • Set limitations on Medicare & Medicaid reimbursement for medications
  • All medication prescribed would be reviewed for appropriateness
  • States that a pharmacist must counsel (at the time of purchase) all patients who receive new prescriptions
  • All patients must be given information on the drug that they are taking, its name, when to take it, how long to take it, and any side effects or possible interactions
  • Act created need for pharmacy technicians
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14
Q

Resource Conservation and Recovery Act (RCRA)

A
  • General guidelines for the waste management
    program envisioned by Congress.
  • Hazardous waste – waste with properties that
    make it dangerous or potentially harmful to human
    health or the environment.
  • Hazardous wastes fall into 2 categories: Listed wastes, which appear on one of the four hazardous wastes list
    established by Environmental Protection Agency (EPA) regulations: F-
    list, P- list, K- list, and U- list; Characteristic wastes, which exhibit one or more of four characteristics
    defined by ignitability, corrosivity, reactivity, and toxicity.
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15
Q

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

A
  • Deals with patient’s right to continuance of health
    insurance even when changing employers
  • Confidentiality: technician has direct knowledge of
    patient’s medical information on a daily basis, so patients sign a consent form to grant access to this
    information. Includes: Any information created or received by the pharmacy; Any information relating to patients health, (mental, physical, past, present or future); Information that may identify a patient
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16
Q

2000 Drug Addiction Treatment Act (DATA 2000)

A
  • Permits physicians to prescribe controlled substances (pre-approved by the DEA) in schedules C-III, C-IV, C-V to individuals suffering from opioid addiction for the purpose of maintenance or detoxification treatments.
17
Q

2003 Medicare Prescription and Modernization Act

A
  • Medicare is a government-managed insurance program that provides assistance to people older than age 65
  • Younger than 65 with disabilities and individuals with end-stage renal failure
  • Provides drug discount card to beneficiaries with low incomes who require pharmacy company assistance for obtaining medications
18
Q

Isotretinoin Safety and Risk Management Act of 2004

A
  • Regulates use of Accutane: Powerful medication used to treat acne - Can cause severe birth defects & adverse psychiatric effects (depression/suicide); Mandatory registration and education for physicians, pharmacist, patients; No internet, mail order, phone prescriptions; Female patient required monthly pregnancy test before prescription refilled
19
Q

2004 Anabolic Steroid Control Act

A
  • Placed anabolic steroids on Schedule III
  • Harsher penalties for the abuse of anabolic steroids and their misuse by athletes
  • Amended in 2004 (stricter)
20
Q

2005 Combat Meth Act

A
  • Bill addresses all areas of manufacturing, law enforcement, and sale of ephedrine and pseudoephedrine, which is used as an ingredient in the preparation of methamphetamine
  • Strict guidelines: only a licensed pharmacist or technician may dispense, sell, or distribute this drug: Daily sales limit of 3.6 grams / 9 g per 30 days; Placement out of direct customer access; Customer identification/recordkeeping
21
Q

Biologics Price Competition and Innovation (BPCI) Act of 2009

A
  • Created an abbreviated pathway for approval of biological products demonstrated to be biosimilar to or interchangeable with an FDA-licensed reference biological product.
  • Lowers cost and provides patient access to crucial biological therapies that they need.
  • Permits the FDA to approve a biosimilar product with a designation that is interchangeable with the FDA-licensed reference biologic.
22
Q

Drug Supply Chain Security Act (DSCSA)

A
  • Outlines critical steps to build an electronic, interoperable system to identify and trace certain prescription drugs as they are distributed in the United States.
23
Q

2010 Patient Protection and Affordable Care Act

A
  • Makes preventive care more accessible and affordable for many Americans
  • Requires insurance companies to cover all applicants with new minimum standards, including individuals with preexisting conditions
  • Components of the ACA involve pharmacy professionals, such as:
    EHR incentives and e-prescribing; MTM; ACO; The Home Demonstration Project(medication management and Medicare Part D
24
Q

2013 Drug Quality and Security Act

A
  • Gives FDA greater oversight of bulk pharmaceutical compounding and enhances the agency’s ability to track drugs through the distribution process
  • Comprises two separate acts: the Compounding Quality Act - creates a new class of compounding manufacturers that voluntarily register with the FDA as an “outsourcing facility”; the Drug Supply Chain Security Act -
    requires the FDA to create and implement a national tracking system to be used by manufacturers