Pharmacy Law: Exam 1

Terms in this set (113)

Requirements for human conduct applying to all persons within their jurisdiction.

Necessary and beneficial commodities that private entities will not supply because there is no incentive in providing them.

When the production or consumption of a good affects someone who does not fully consent to the effect and when the costs of the good are not fully incorporated in the price of the good.

When the fixed costs of providing a good are high relative to the variable costs of producing the good.

Public goods, externalities, monopolies, information asymmetry

What are the four market failures that apply to drug use?

What justifies government agencies to interfere with private choice?

Orphan drugs and vaccines are an example of what market failure?

Overuse of antibiotics and air pollution are an example of what market failure?

Government incentives on creating new drugs help regulate what market failure?

Information Asymmetry

When the consumer is uniformed about the true value of a good.

Information Asymmetry

When consumers cannot determine the benefits or detriments of a drug, it could lead to what market failure?

Young v. Board of Pharmacy

What legal case was overruled by the New Mexico Supreme Court in 1969 because the court did not find inadequate record keeping to be a reliable judgement of professionalism?

Legislative Branch

What branch of the US government "makes" the law?

Executive Branch

What branch of the US government "enforces" the law?

Judicial Branch

What branch of the US government "interprets" the law?

The Constitution

What is the supreme law of the US?

How many amendments, in addition to the Bill of Rights, have there been to the Constitution since 1787?

An elected body of persons with the primary responsibility to enact laws or statutes.

Who makes administrative agencies to administer a body of substantive law?

What is it called when a court demands a new trial due to insufficient evidence in an administrative agency judicial trial?

Code of Federal Regulations

What is the compilation of final regulations divided and indexed by subject matter?

What title contains all of the FDA regulations in the CFR?

How many titles make up the CFR?

What is the law that is made by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action?

What is the legal principle by which judges are obliged to respect the precedents established by prior decisions?

How many members make up the Congress?

How many members are in the Senate?

How many members are in the House of Representatives?

The House of Representatives and Senate make up what?

With a 2/3 vote

How can Congress overturn the President's veto?

If the President does not return a law to Congress within 10 days, what happens?

What type of trial is taking place if a case is Government v. Private Party?

What type of trial is taking place if a case if Private Party v. Private Party?

What type of trial is taking place if a case is Agency v. Private Party?

What type of trial's objective is to obtain compensation for an injured party?

What type of trial's objective is to deter, punish or rehabilitate the defendant?

How many justices comprise the US Supreme Court?

Writ of certiorari

What is an order by a higher court directing a lower court, tribunal, or public authority to send the record in a given case for review?

How many judicial circuits comprise the US Court of Appeals?

True or false: Each US State has only one State Supreme Court but can have multiple Intermediate Appellate Courts.

True or false: Trial courts have very limited jurisdiction.

True of false: A traffic court has more jurisdiction than a family court.

Where would a case be sent if the two parties are from different states?

In a trial, who is the person bringing the action?

In a trial, who is the person the action is brought against?

In a trial, which party's name appears first on the title of the case?

Statute of Limitations

What limits the period of time in which a case can
be filed?

What contains all material facts of a case and the remedy requested?

What is issued by a court notifying the defendant of a lawsuit and commands the defendant to file an answer?

What is written admitting to or denying allegations of a summons and serves as basis on which the trial is built?

In the discovery process of a case, what is the out of court testimony by a witness under oath?

Voir dire examination

During a jury selection process, what is the questioning by each side of potential jurors?

To determine questions of fact

What is the jury's role in a civil trial?

To determine questions of law

What is the judge's role in a civil trial?

True or false: Witnesses can never be subject to subpoena to appear in court.

Who is called to the stand when the factual material of a case is beyond the scope of jurors?

Motion for summary judgement

What happens when one party attempts to convince the judge that the other sides claims have no merit even if correct?

Motion for directed verdict

What happens when, after the introduction of evidence, the parties allege that the other lacks sufficient evidence?

Judgement notwithstanding the verdict

What is it called when the judge may rule contrary to the jury if the jury clearly reached the wrong verdict?

In a criminal trial, what is issued by a grand jury when it determines that enough evidence exists for an arrest and trial?

In a criminal trial, what is it called when the defendant agrees to a lesser charge rather than face a trial?

True or false: As in State and Federal Appellate Courts, Trial Courts must report and cite court decisions.

Supremacy Clause

When Federal and State Law conflict, what in the US Constitution determines that the Federal Law must be obeyed?

Interstate Commerce Clause

What clause in the US Constitution gives federal authority to regulate drugs?

Tenth Amendment

What in the US Constitution, gives states the authority to regulate?

Durham-Humphrey Amendment

What amendment establishes criteria for distinguishing
prescription drugs from OTC drugs and legally establishes oral prescriptions and refills?

Durham-Humphrey Amendment

What amendment specifies the minimum information that a dispensed Rx label must contain?

True of false: Expiration dates and/or beyond use dates are required on Rx labels per the Durham-Humphrey Amendment.

True or false: Adding or changing a drug monograph for OTC switch affects all products in its class.

True or false: Federal law determines who can prescribe drugs.

Conscientious Objection

What refers to whether a pharmacist has a right to refused to dispense prescriptions he or she has a moral or religious objection?

True or false: PPI requirements are only for community pharmacies.

Off-label prescribing and dispensing is legal under what act?

In 1997, what stripped the FDA of authority to consider compounded drugs as "new drugs"?

True or false: The FDA still thinks of compounded drugs as new drugs.

True or false: It is legal for compounding pharmacies to compound a minoxidil cream according to the FDAMA.

What book evaluates generic-brand substitution?

Narrow Therapeutic Index Drugs

What are drugs with less than a two-fold difference
between median lethal dose and median effective dose or two-fold difference between minimum toxic concentrations and minimum effective concentrations?

Prescription Drug Marketing Act

What act set up guidelines for drug samples, reimportation, resale and requires state licensing for wholesalers?

Prescription Drug Marketing Act

What act prohibits community pharmacies from receiving drug samples?

What is required for secondary wholesalers according to the prescription drug marketing act?

What act generally prohibits reimportation of Rx drugs in attempt to prevent counterfeiting?

What act allows for limited personal importation of legal prescription drugs from other countries?

What would allow wholesale importation of Rx medications from Canada provided Secretary of HHS would approve?

True or false: The FDA cannot search a pharmacy without a warrant to determine if they are manufacturing or compounding.

Poison Prevention Packaging Act

What law establishes the standards for child resistant containers?

What are natural or synthetic opium or opiates or derivatives including cocaine?

Which schedule of drugs have no accepted medical use?

What is the strength limit per 100 mL for codeine as a CIII?

Attorney General

Who, after advising from secretary of DHHS, has prescription scheduling authority?

How often do manufacturers and distributors of controlled drugs have to register with the DEA?

Every three years

How often do dispensers of controlled drugs have to register with the DEA?

A pharmacy may manufacturer and distribute aqueous or oleaginous solution or solid dosage form of a narcotic not exceeding what percent narcotic concentration?

What DEA form is used to be able to dispense controlled substances?

What DEA form is used for distributors of controlled substances?

What code establishes penalties for drug traffickers and is applicable to practitioners who prescribe and/or dispense outside of the ordinary course of professional practice?

What code establishes penalties for practitioners for not conforming to the requirements of the CSA, such as record-keeping?

Fourth Amendment

What protects individuals from unreasonable searches and seizures and requires a search warrant for these searches?

Administrative Inspection Warrant

What allows an inspection or search without consent or notice of inspection?

Anabolic Steroids Act of 2004

What act maintains anabolic steroids as schedule III?

The law limits sale to no more than how many grams of ephedrine, PSE, or PPA base to a single purchaser per day?

The law limits sale to no more than how many grams of ephedrine, PSE or PPA base to a single purchaser per 30 days?

Combat Methamphetamine Epidemic Act of 2005

What act says ephedrine, PSE or PPA products must be stored behind counter or in a locked cabinet where customers do not have direct access?

Methamphetamine Production Prevention Act of 2008

What act was signed into law to further stop methamphetamine production by encouraging the use of electronic log books?

True or false: Controlled substances cannot be mailed.

patient's name, name of drug, prescriber's signature

What can a pharmacist not change on a control prescription?

True or false: Pharmacists cannot orally change CII prescriptions per the DEA.

Service ID number

For practitioners in the service, what must they use on a control prescription in place of a DEA number?

What is the maximum day supply for CII prescriptions?

How many times can a CIII-CV be transferred to a different pharmacy?

Ryan Haight Act

Which law defines a valid Rx as one that has been issued for a legitimate medical purpose by a practitioner who has conducted at least one in-person medical evaluation of the patient?

What form must be filed if there was a theft or loss of controlled substances from the pharmacy?

Whenever registrants distribute CI or CII drugs among themselves, what form must be filed?

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