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Pharmacy Law
Pharmacy Law
37
Medical
Professional
09/19/2006

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Term
The Food and Drug Administration
Definition
A branch of the Department of Health and Human Services, is the regulatory agency for the field of pharmacy. Controls all drugs for legal use.
Term
Constitutional Law
Definition
Deals with interpretation and implementation of the U.S. Constitution
Term
Statutory Law
Definition
Enacted by a legislative body with the power to make laws, such as Congress
Term
Administratve Law
Definition
Established by agencies of the federal government. Establish controls system Control I, II, III, IV, V
Term
Common Law
Definition
Created by judges based on previous court decisions; includes “torts,” which are civil wrongs committed against a person or property
Term
International Law
Definition
Based on treaties and agreements between two or more countries
Term
The Pure Food and Drug Act of 1906
Definition
prohibited interstate distribution or sale of adulterated or misbranded food and drugs
Term
The Food, Drug, and Cosmetic Act of 1938
Definition
Amended the previous act; created the FDA, and required manufacturers to file a New Drug Application with the FDA
Term
The Durham-Humphrey Amendment of 1951
Definition
Prohibited dispensing of legend drugs without a prescription
Term
The Kefauver-Har Amendment of 1962
Definition
Extended the Food, Drug, and Cosmetic Act to require that all drug products must be effective and safe
Term
Medical Device Amendments of 1976
Definition
Required manufacturers to register and list products, follow good practices, and report device failures
Term
Comprehensive Drug Abuse Prevention and Control Act of 1970
Definition
Controlled manufacture, distribution, and dispensing of controlled substances that have potential for addiction and abuse; outlined the various drug schedules
Term
Schedule I or Group I
Definition
high abuse potential not accepted for medical use in the US; DEA # of Pharmacy on Prescription; Verify DEA #; no refills; Heroin, LSD, marijuana, mescaline, and peyote
Term
Schedule II or Group II
Definition
high abuse potential accepted for medical use in the United States; no refills; Cocaine, codeine, methamphetamine (Desoxyn), methadone hydrochloride (Methadose), morphine (Astramorph), opium (deodorized), methylphenidate (Ritalin), and secobarbital(Seconal)
Term
Schedule III or Group III
Definition
lower abuse potential accepted for medical use in the US; contain limited quantities of narcotics and non-narcotics; refills 6 months; Certain drugs compounded with small quantities of narcotics; drugs with high potential for abuse and certin barbiturates
Term
Schedule IV or Group IV
Definition
low abuse potential; include long-acting barbiturates, certain hypnotics, and minor tranquilizers; refills 6 months; Barbital, chloral hydreate (Noctec), diazepam, (Valium), chlordiazepoxide (Librium), and pentazone hydrochloride (Talwin)
Term
Schedule V or Group V
Definition
lowest abuse potential; over-the-counter (OTC) preparations except for a few exceptions; refill 18 months or older; Cough syrups with codeine, diphenoxylate hydrochloride with atrophine sulfate (Lomotil), and kaolin/pectin/opium (Parepectolin)
Term
Registration
Definition
  • Controlled-drug manufacturers, dispensers, or distributors must provide a registration unless they are exempted
  • Most pharmacy registrations are issued for a 3-year period
  • A Drug Enforcement Agency (DEA) number must be assigned to them
Term
Record-Keeping
Definition
  • Any pharmacy handling controlled substances must keep complete, accurate records of all transactions, and maintain them for 2 to 5 years, depending on which state they are located in
  • Schedule II drug records must be kept separate from all other records
Term
Inventory
Definition
  • The Controlled Substances Act (CSA) requires each registrant to make a complete and accurate record of all controlled substances in stock, every 2 years
  • Schedule II drugs require that an exact count or measure be made
Term
Prescriptions
Definition
  • A prescription for a controlled substance must be issued by a practitioner for a valid medical purpose
  • No prescription for a Schedule II controlled substance may be refilled
  • Pharmacies must keep Schedule II – V controlled substances in a locked cabinet
Term
Poison Prevention Packaging Act of 1970
Definition
  • Authorized the Consumer Product Safety Commission (CPSC) to create standards for child-resistant packaging
  • Most OTC and legend drugs must be packaged in these types of containers
  • Containers cannot be opened by 80% of children under 5 years of age
Term
Drug Listing Act of 1972
Definition
  • Each new drug is assigned a National Drug Code (NDC) number which identifies the manufacturer or distributor, drug formulation, and the size and type of its packaging
  • The NDC for one product may not be used for another if any changes occur in product characteristics
Term
Orphan Drug Act of 1983
Definition
  • Offers federal financial incentives to commercial and nonprofit organizations to produce drugs previously unavailable
  • Orphan drugs are used to treat diseases that affect fewer than 200,000 people in the country
  • Drugs that have been approved under this act include those used to treat AIDS, cystic fibrosis, blepharospasm, and snakebite
Term
Drug Price Competition and Patent-Term Restoration Act of 1984
Definition
Designed to lower drug prices by providing methods to increase competition in the drug industry
Term
Prescription Drug Marketing Act of 1987
Definition
  • Addresses the safety and competition in secondary markets
  • Prohibits reimportation of a drug into the United States by anyone except the manufacturer
Term
Anabolic Steroids Control Act of 1990
Definition
  • Places anabolic steroids under the regulation of the CSA
  • Anabolic steroids promote muscle growth and are used by athletes to increase performance
  • Some believe this act reflects an essential change of direction for drug abuse control
Term
Omnibus Budget Reconciliation Act of 1990
Definition
OBRA-90 requires pharmacists to offer to discuss information about new and refill prescriptions with Medicare/Medicaid patients including:
  • Medication name, description, dosage form, route of administration, and duration of therapy
  • Severe side or adverse effects, interactions, contraindications
Term
Occupational Safety and Health Act(OSHA) 1970
Definition
This 1970 Act created OSHA, whose mission is to ensure workplace safety, and a healthy workplace environment
Term
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Definition
Common OSHA violations include:
  • no eyewash facilities available
  • lack of proper labeling of hazardous chemicals
  • no employee training documentation
  • no Emergency Action Plan
  • Security and Electronic Signature Standards must be in place for physical storage, maintenance, transmission, and access to individual health information
  • Privacy and Confidentiality Standards are raised to further protect private health information
Term
FDA
Definition
Food and Drug Administration
Oversees food, bottled water, wine beverages with less than 7% alcohol, cosmetics, medicines, medical devices, radiation products, and farm animal products; set standards and requirement for subtance formulation, ingredients, and dosage form
Term
CDC
Definition
Center for Disease Control, Oversees all foodborne diseases
Term
DEA
Definition
Drug Enforcement Agents, Oversees controlled substances, including investigation and prosecution
Term
Drug Recalls
Definition
FDA’s medical staff determines health hazards and manages drug recalls:
  • Class I: use or exposure to products will cause severe adverse reactions or death
  • Class II: use or exposure to products may cause temporary or medically reversible adverse health hazards
  • Class III use or exposure to products is not likely to cause adverse health hazards
Term
Drugs Standards
Definition
  • The set of requirements for formulation of drug substances, ingredients, and dosage forms
  • A drug formulary (or list of drugs) must be maintained
Pharmacist must supervise:
  • drug handling
  • administration
  • patient drug regimens
  • and report any irregularities to administrators or medical directors
Term
Ethical Foundation of Pharmacy
Definition
  • Patients must be made aware of the benefits and risks of drugs they are taking
  • Bioethics is a discipline dealing with ethical and moral implications of biological research and applications, especially relating to life and death
Term
Drug Names
Definition
Drugs may have several different names assigned to them:
  • Chemical name
  • Generic (nonproprietary) name
  • Official name
  • Trade or brand name
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