Pharmacy Law Midterm

Which of the following correctly describes the relationship of laws and regulations to pharmacy practice:
A) They dictate to pharmacists the strategies and professional judgement they should follow
B) They establish an overall framework for pharmacists within which they develop strategies and exercise professional judgement
C) Following the law is both necessary and sufficient
D) A and C
E) B and C
Click the card to flip 👆
1 / 29
Terms in this set (29)
Which of the following correctly describes the relationship of laws and regulations to pharmacy practice:
A) They dictate to pharmacists the strategies and professional judgement they should follow
B) They establish an overall framework for pharmacists within which they develop strategies and exercise professional judgement
C) Following the law is both necessary and sufficient
D) A and C
E) B and C
B
Which of the following correctly describes regulation?
A) A regulation cannot become final until it has gone through a notice and comment process
B) A regulation can be passed by either an administrative agency or a state legislature
C) A regulation must bear a reasonable relationship to protecting the public health, safety, and welfare
D) A and C
E) B and C
D
A pharmacist submitted fraudulent prescription drug claims to Medicaid for reimbursement and was ultimately caught. The Board of Pharmacy became involved to determine whether the pharmacist's license should be revoked. Which of the following would be the best answerL

A) The board would likely hold a hearing pursuant to its judicial function.
B) The Board would likely hold a hearing pursuant to its legislative function.
C) The Board would likely issue a regulation pursuant to its legislative function.
D) The Board could likely proceed either by means of a hearing or regulation.
E) The Board would not likely proceed against the pharmacist by either a hearing or regulation since this would likely be a de minimis type violation.
A
A statute provides that the Board of Pharmacy must license all pharmacies. A pharmacist rented an office and started a business for the purpose of providing drug therapy management services to patients for an hourly fee. The Board charged the pharmacist with operating a pharmacy without a license. The pharmacist argued his office and business was not a pharmacy. This case went to court and a court decided that the business was not a pharmacy pursuant to the statutory definition of a pharmacy. Based upon the facts before you, which of the following would be the best answer.

A) This is an example of stare decisis.
B) This is an example of an agency making law by regulation.
C) This is an example of common law.
C
The most important factor to a court when attempting to interpret the meaning of a term in a statute is:
A) Legislative intent
B) The definition of the term in the dictionary
C) Social policy
D) The meaning of the term in other statutes
A
A state Supreme Court decision has what effect on lower courts in the state:
A) It establishes precedent that the state courts must follow
B) It establishes precedent that the state courts must follow unless factual distinctions int he lower court warrant a contrary decision
C) It establishes precedent that the state courts must follow unless they feel the decision is wrong
D) It establishes no precedent for the state courts
B
The sponsor of a legislative bill can be:
A) A senator or representative
B) A registered lobbying group
C) A citizen
D) A and B
E) A,B,C,
A
The case of Lee v. DrugMe Corporation involves a patient suing a pharmacy and was filed in state court. This case would likely be:

A) A criminal action
B) A civil action
C) An administrative action
D) Either a criminal action or a civil action
E) Either a criminal action, civil action or administrative action
B
Which of the following would be correct regarding the U.S. Supreme Court:
A) It is composed of nine justices
B) It has original jurisdiction of all cases
C) It is required to hear all cases where appeals are filed to the court
D) A and B
E) A and C
A
A student is reading a court decision that contains the citation 366 P.3d 223. From this citation the student knows:
A) This is a decision from a federal court in the western region of the country
B) This is a decision from either a federal or state court in the western region of the country
C) This is a decision from a California state court
D) This is a decision from a state court which could be anywhere in the country
E) This is a decision from a state court in the western region of the country
E
Which of the following accurately describes the rebate provision of OBRA-90? A) Pharmacies must rebate to the state Medicaid agency for prescriptions dispensed to Medicaid patients the difference between the price they pay for a drug product and the average manufacturer's price B) Manufacturers must rebate to the state Medicaid agency for drug products dispensed by pharmacies to Medicaid patients the difference between the average manufacturer's price and its best price C) Manufacturers must rebate to the state Medicaid agency for drug products dispensed by pharmacists to all patients the difference between the average manufacturer's price and its best price D) A and B E) A and CBWhich of the following best describes the DUR board's purpose with respect to the retroactive DUR requirement of OBRA-90? A) The DUR board's purpose is to advise the governor of the state on drug therapy issues B) The DUR board's purpose is to review drug therapy data from practitioners, compare it to ideal standards and punish providers who are not practice ideally C) The DUR board's purpose is to review drug therapy data from practitioners compare it to ideal standards and educate providers who are not practicing ideally D) The DUR board's purpose is to review drug therapy data and publish the results of that dataCThe counseling requirement of OBRA-90 directs that pharmacists: A) Offer to counsel patients or caregivers on information that in the pharmacist's professional judgment are significant B) Offer to counsel patients or caregivers on information that the statute requires be related to the patient C) Offer to counsel patients only when time permits D) Statements A & C are correct E) Statements B & C are correctAWhich one of the following would be the best answer regarding the notice of privacy: A) A pharmacy is required to give the patient a notice of private only if the patient requests it B) A notice of privacy must be given each time the patient receives the prescription C) The pharmacy must make a good faith effort to give a patient a notice of privacy and make a good faith effort to obtain a signed acknowledgement D) Whoever picks up the prescription for the patient may sign the acknowledgement for the notice of privacyCWhich of the following most accurately describes the "minimum necessary" requirement? A) The definition of minimum necessary means that direct identifiers must be excluded unless doing so is not possible B) The minimum necessary requirement applies to communication of PHI between the pharmacy and the patient C) The minimum necessary requirement applies to communication of PHI between the pharmacy and the treating physician D) The minimum necessary requirement does not apply to pharmacistsAPharmacist Phil often counsels patients on their medications. The pharmacy he works at is very small and only has one counter, so Phil finds himself counseling at the cash register a lot while other patients are picking up their prescription. Is this proper for Phil to do? A) No - counseling patients without structural safeguards such as walls violates HIPPA B) No - Phil should find a more private place to counsel or ask other people waiting in line to stand back while he counsels patients C) Yes - HIPPA does not require a pharmacy to take reasonable safeguards in these types of situations D) Yes - OBRA requires Phil to counsel, and OBRA preempts HIPPA violations from occurringBA pharmacy student presenting a case history to a class, must not reveal under HIPPA which of the following information without a specific patient authorization: A) Discharge date of the patient from the hospital B) A picture of the patient's leg C) A picture of the patient's face D) Cannot reveal the information in A and C E) Cannot reveal the information in statements B and CDMedicare Part D requires the beneficiaries have access to pharmacies. Which of the following would be correct: A) A plan can require all of its patients to use mail order pharmacies B) A plan can contract with only certain community pharmacies to the exclusion of others willing to participate C) A plan must allow beneficiaries to receive the same quantity of drug at a community pharmacy as at a mail order pharmacy D) A plan must ensure that at least 50% of beneficiaries in an urban area live within 2 miles of a retail pharmacyCMedicare Part D establishes which of the following requirements for Medication Therapy Management (MTM): A) Every Part D patient is entitled to MTM B) A patient must have at least 4 chronic diseases to quality for MTM C) Only pharmacists are entitled to offer MTM D) Fees to pharmacists are only to include resources used E) Fees to pharmacists are to include resources and time requiredAWhich of the following would be accurate statements regarding the self-regulation of pharmacy: A) In the 19th century pharmacists chose to self regulate as retail merchants rather than health care professionals B) In the 20th century pharmacists organized themselves and developed clear systems of self-governance C) States did not begin to regulate pharmacists by licensure until the 1960's D) A and B E) A,B,C,BThe National Association of Boards of Pharmacy performs which of the following: A) Disciplines pharmacists B) Enacts state pharmacy acts C) Selects state pharmacy board members D) Oversees the administration of NAPLEX for pharmacist licensureDMost likely it would be unconstitutional for a state to impose which of the following restrictions for pharmacy licensure: A) That the majority ownership of a pharmacy be by pharmacists B) That physicians may not own a pharmacy C) That a pharmacy must designate a pharmacist-in-charge as responsible for the pharmacy. D) Statements A & B would likely be unconstitutional E) None of the above restrictions would likely be unconstitutionalEMailem is a mail order pharmacy in Nevada that dispenses prescriptions to patients in nearly every state. What regulatory authority do the states, other than Nevada, have? A) The states have no authority to regulate Mailem. B) The states can legally require that Mailem be licensed and conform to the same requirements as pharmacies in that state. C) The states can legally require Mailem to register with the state board and meet certain requirements that are not unduly burdensome. D) The states can impose stricter requirements on Mailem than it does on in-state pharmacies.CMost state pharmacy boards have the authority to implement which of the following disciplinary actions against a pharmacist: A) Incarceration B) Temporary suspension of license C) Monetary penalties D) Statements B & C are correct E) Statements A, B & C are correctDA state pharmacy board revoked the license of a pharmacist in Arizona. The pharmacist also held a license in another state and moved there to practice. Which of the following would be correct: A) The other state pharmacy board would likely automatically revoke the pharmacist's license and the pharmacist would not be entitled to a hearing. B) The other state pharmacy board would likely revoke the pharmacist's license, however the pharmacist would likely be entitled to a hearing. C) The other state pharmacy board would not likely find out about the revocation in Arizona. D) The other state pharmacy board would not likely take any action against the pharmacist's license even with knowledge of the revocation in Arizona.BA pharmacist was charged with a violation of the state and federal controlled substance laws. Although the evidence clearly demonstrated that the pharmacist committed the acts, he was acquitted in court on the basis of an illegal search. In this situation the state board of pharmacy most likely: A) Could still bring disciplinary action against the pharmacist on the basis that administrative procedures differ from criminal procedures B) Could still bring disciplinary action against the pharmacist on the basis that state boards have authority to bring disciplinary actions against any pharmacist without cause C) Could not bring disciplinary action against the pharmacist because it would be contrary to the court's holding D) Could not bring disciplinary action against the pharmacist because it would violate the pharmacists due to process rightsAWhich of the following accurately describes standards of practice: A) Many laws and regulations reflect the standards of practice B) Laws or regulations are required to establish standards of practice C) Pharmacists are not expected to act beyond the letter of a law or regulation D) A and B E) A and CAA state's legal definition of the practice of pharmacy is important because: A) It gives the state board more latitude to expand the practice by regulation rather than by seeking legislation B) It establishes professional identity to courts C) It provides distinctions between pharmacists and physicians D) Statements B & C are correct E) Statements A, B & C are correctEWhich of the following would be correct regarding the meal and other breaks for pharmacists: A) It has been established that providing pharmacists breaks does not reduce dispensing errors B) No state will allow a pharmacist to take a break away from the pharmacy and leave the pharmacy open with only ancillary personnel in the pharmacy C) Many states require that employers allows pharmacists a metal break, depending upon the number of hours of the pharmacist's shift D) A and C E) B and CC