PharmLaw Set #1 (AZ) Flashcards
32-1901.01. Definition of unethical and unprofessional conduct; permittees; licensees.
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A. In this chapter, unless the context otherwise requires, for the purposes of disciplining a permittee, “unethical conduct” means the following, whether occurring in this state or elsewhere:
- Knowingly filing with the board any application, renewal or other document that contains false or misleading information.
- Failing to notify the board of a change of ownership, management or pharmacist in charge.
- Distributing premiums or rebates of any kind in connection with the sale of prescription medication, other than to the prescription medication recipient.
- Failing to maintain effective controls against the diversion of controlled substances or precursor chemicals to unauthorized persons or entities.
- Fraudulently claiming to have performed a service.
- Advertising drugs or devices, or services pertaining to drugs or devices, in a manner that is untrue or misleading in any particular, and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Substitution for Prescription Drugs: What can a pharmacist do if a medical practitioner prescribes a brand name drug and does not prevent substitution?
A pharmacist may fill the prescription with a generic equivalent drug.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Conditions for Substituting Biological Products: Under what conditions can a pharmacist substitute a biological product?
- The FDA has determined the substituted product to be an interchangeable biological product.
- The prescribing physician does not designate in writing or electronically that substitution is prohibited.
- The pharmacy informs the patient or person presenting the prescription of the substitution.
- Within five business days after dispensing a biological product, the pharmacist or the pharmacist’s designee records the specific product provided, including the name and manufacturer, in an electronically accessible system or communicates it to the prescriber.
- The pharmacy retains a record of the biological product dispensed.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Within five business days after dispensing a biological product, the dispensing pharmacist or the pharmacist’s designee makes an entry of the specific product provided to the patient, including the name of the product and the manufacturer. The communication shall be conveyed by:
making an entry that is electronically accessible to the prescriber through an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system, or a pharmacy record. Entry into an electronic records system as described in this paragraph is presumed to provide notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using fax, telephone, electronic transmission or other prevailing means, except that communication is not required if one of the following applies:
(a) There is no interchangeable biological product approved by the United States food and drug administration for the product prescribed.
(b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Any pharmacy personnel shall notify the person presenting the prescription of the amount of the price difference between the brand name drug or biological product prescribed and the generic equivalent drug or interchangeable biological product, if both of the following apply:
- The medical practitioner does not indicate an intent to prevent substitution with a generic equivalent drug or interchangeable biological product.
- The transaction is not subject to third-party reimbursement.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Q: What labeling requirements must a pharmacist follow when dispensing a drug or biological product?
The pharmacist must place on the container the name of the drug or biological product dispensed followed by “generic equivalent for” or “interchangeable biological product for” and the brand or trade name of the product being replaced. For contact lenses, the brand or trade name must also be included on the label.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A prescription generated in this state must be dispensed as written only if the prescriber writes or clearly displays:
“DAW”, “dispense as written”, “do not substitute” or “medically necessary” or any statement by the prescriber that clearly indicates an intent to prevent substitution on the face of the prescription form
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A prescription from out of state or from agencies of the United States government must be dispensed as written only if the prescriber writes or clearly displays
“do not substitute”, “dispense as written” or “medically necessary” or any statement by the prescriber that clearly indicates an intent to prevent substitution on the face of the prescription form.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Scope of application: To which prescriptions does this section apply?
A: This section applies to all prescriptions, including those presented by or on behalf of persons receiving state or federal assistance payments.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Q: Can an employer require a pharmacist to dispense a specific generic equivalent drug or interchangeable biological product against the professional judgment of the pharmacist or the order of the prescriber?
A: No, an employer or agent of an employer of a pharmacist shall not require this.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Liability of Pharmacists
Q: What is the liability of a pharmacist in substituting according to this section?
A: The liability is no greater than that incurred in filling a generically written prescription. This subsection does not limit or diminish the responsibility for the strength, purity, or quality of drugs provided. The failure of a prescriber to specify that no substitution is authorized does not constitute evidence of negligence.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
A pharmacist may not make a substitution pursuant to this section unless the manufacturer or distributor of the generic equivalent drug or interchangeable biological product has shown that:
- All products dispensed have an expiration date on the original package.
- The manufacturer or distributor maintains recall and return capabilities for unsafe or defective drugs or biological products.
32-1963.01. Sub. for rx drugs or biological products; req; label; defs
Public Information
Q: What must the board maintain on its public website?
A: The board must maintain a link to the current list of each biological product determined by the FDA to be an interchangeable biological product.
32-1934. Remote hospital-site pharmacy permittee; requirements
A remote hospital-site pharmacy permittee shall ensure that:
- The remote hospital-site pharmacy is supervised by a pharmacist who is located in this state and who is employed by the hospital.
. - The remote hospital-site pharmacy displays a sign visible to the public identifying the pharmacy as a remote hospital-site pharmacy and warning that the remote hospital-site pharmacy is under continuous video surveillance that is recorded and retained.
. - The remote hospital-site pharmacy uses an electronic recordkeeping system that is shared with and accessible by the pharmacy located in the hospital.
. - All drugs and devices furnished from the remote hospital-site pharmacy to patients of the satellite facility are verified by a pharmacist who is licensed in this state and who is employed by the hospital. If the satellite facility is an emergency department of the hospital, in the pharmacist’s absence a registered nurse practitioner or professional nurse who is licensed pursuant to chapter 15 of this title, a physician who is licensed pursuant to chapter 13 or 17 of this title or a physician assistant who is licensed pursuant to chapter 25 of this title may obtain from the remote hospital-site pharmacy necessary drugs and devices that are ordered by a medical practitioner and that are needed by a patient in an emergency, according to policies approved by the hospital.
. - The pharmacist in charge develops and implements procedures regarding obtaining, storing and dispensing drugs for inpatient administration and devices and recordkeeping requirements.
. - If a noncontrolled substance single-patient use multidose medication was dispensed to a patient in a container for inpatient administration, the remote hospital-site pharmacy dispenses that medication for the patient on discharge, if needed.
32-1934. Remote hospital-site pharmacy permittee; requirements
A remote hospital-site pharmacy permittee shall:
- Develop and maintain a policy and procedures manual, available to the board upon request.
- Maintain a perpetual inventory of controlled substances.
- Ensure continuous video surveillance, keeping recorded videos for at least sixty days.
- Have the hospital pharmacy’s pharmacist in charge reconcile the inventory of controlled substances monthly.
32-1934. Remote hospital-site pharmacy permittee; requirements
Q: Can a pharmacist work at multiple remote hospital-site pharmacies simultaneously?
A: Yes, at a reasonable number as determined and approved by the hospital.
32-1934. Remote hospital-site pharmacy permittee; requirements
Q: Who can adopt additional rules necessary to implement this section?
A: The board
R4-23-410. Current Good Compounding Practices
Can a pharmacy permittee or pharmacist provide a compounded pharmaceutical product to a pharmacy, medical practitioner, or other person for dispensing or distributing?
A: No, except a compounded pharmaceutical product may be provided to a medical practitioner to administer to a patient if each container is accompanied by a written list and has a specific label.
R4-23-410. Current Good Compounding Practices
Q: What must the label on a compounded pharmaceutical product include?
The label must include:
a. The pharmacy’s name, address, and telephone number.
b. The pharmaceutical product’s name and the required information.
c. A lot or control number.
d. A beyond-use-date based on the pharmacist’s judgment, not exceeding maximum guidelines unless stability test data supports a longer period.
e. The statement “Not For Dispensing.”
f. The statement “For Office or Hospital Administration Only.”
R4-23-410. Current Good Compounding Practices
Can a pharmacy or pharmacist advertise their prescription compounding services?
A: Yes, a pharmacy or pharmacist may advertise or otherwise promote that they provide prescription compounding services.
R4-23-410. Current Good Compounding Practices
What must the pharmacist-in-charge establish and comply with regarding compounding controls?
A: The pharmacist-in-charge must establish, implement, and comply with pharmaceutical product compounding controls that conform with specific standards, including labeling requirements.
R4-23-410. Current Good Compounding Practices
In addition to the labeling requirements of A.R.S. § 32-1968(D), the label contains:
a. A statement, symbol, designation, or abbreviation that the pharmaceutical product is a compounded pharmaceutical product, and
b. A beyond-use-date as specified in subsection (B)(3)(d).
R4-23-410. Current Good Compounding Practices
What must be provided to the patient at the time of dispensing a compounded pharmaceutical product?
A: A written list of the compounded pharmaceutical product’s active ingredients must be given to the patient.
R4-23-407.1. Dispensing an Opioid Antagonist
Before dispensing an opioid antagonist under A.R.S. § 32-1979(A), a licensed pharmacist shall complete an opioid prevention and treatment training program that includes the following information:
- How to recognize the symptoms of an opioid-related overdose,
- How to respond to a suspected opioid-related overdose,
- How to administer all preparations of an opioid antagonist, and
- The information needed by an individual to whom an opioid antagonist is dispensed.