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Law quiz 1
TTUHSC pharmaceutical law quiz 1
95
Law
Graduate
01/07/2013

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Cards

Term
Define ethics.
Definition
Rules promulgated by a profession or other group, and imposed upon all members of the profession by its own organization.
Term
Ethical standards are enforced by the ____
Definition
Enforced by the profession itself  and NOT by the government
Term
___ are tool of self-regulation and represents what "ought to be," whereas ___ represents "what must be."
Definition

Code of ethics = what ought to be

Law = what must be

Term
___ is sociological and are customs that establish standards of conduct enforceable by social pressure, not by government.
Definition
Mores
Term
Laws often originate in ___ and ___
Definition
Ethical codes and mores
Term
Name the 4 types of laws.
Definition

1. Constitution

2. Treaty

3. Statutes

4. Regulation

Term
A ___ is a broad statement of powers of the govt and its branches.
Definition
Constitution
Term
__deal with matters of fundamental and enduring importance rather than details of a particular program or regulatory activity.
Definition
Constitutions 
Term
A ___is the highest form of law, and all other forms of law must be consistent with it. 
Definition
constitution 
Term

____ an agreement between or among nations.

 

Definition
Treaty
Term
Because all treaties are authorized by the United States Constitution, they over-ride all laws but the __.
Definition
Constitution
Term
___ are laws enacted by Congress at the federal level or by legislature at the state level.
Definition
Statutes
Term

___are laws passed by state or federal legislatures

 
Definition
Statutes
Term

___ are administrative enactments of the executive branch of government that fulfill statutory policies and procedures.

 

Definition
Regulation
Term
___ laws are civil in nature and includes the vast state and federal regulations that govern the relationships between government and some regulated profession, trade  or industry.
Definition
Administrative laws
Term
____ law governs the daily activities of a pharmacists.
Definition
Administrative laws
Term
___ law is derived from judicial decisions and interpretations of statutes and regulations.
Definition
Judicial/Case Law
Term
___ have the final say of what the law really means.
Definition
Courts
Term
What is Stare decisis?
Definition
An important principle of judicial law that translates as "the decision stands."
Term
What is a limitation of stare decisis.
Definition
A prior decision is binding only in courts of the same jurisdiction.
Term
___ defines the limitation of the relationship between the individual and society.
Definition
Criminal law
Term
____ pertains to the relationshop among individuals in society.
Definition
Civil law
Term
___ deals with duties that individuals have because they entered into an agreement.
Definition
Contract law
Term
___ deals with duties created by law, not duties created by parties themselves.
Definition
Tort law
Term
A __ is a legally enforceable agreement between two or more parties.
Definition
Contract
Term
The core of most contracts is a set of ___
Definition
mutual promises (or consideration)
Term
T/F: contracts can never be oral.
Definition
False: contracts can be oral or in writing.
Term
___ law states that even though contracts can be written or oral, some contracts can has to be written in order to be enforceable.
Definition
Statute of Frauds
Term
Some states require that a contract for sale of goods for $__ or more must be in writing.
Definition
$500
Term
Give the 6 types of contracts that needs to be written:
Definition

1. Copyright laws

2. Sales > $500

3. Marriage contracts

4. Sale or transfer of lands

5. Contracts with terms lasting > 1year

6. Contracts that answer for debt or duty of another (surety)

Term
The 7 types of contrasts common in pharmacist's world are:
Definition

1. Real estate     2. financial (credit cards, loan)

3. Family law: divorce, will     4. Employment                5. PBM contracts   6. Purchasing or selling a business.  

7. Purchasing or providing goods/services

Term

Who can enter into a contract?

 

Definition

1. Adults: >18 yrs old

2. Mentally competent

3. Corporations (via their agents/employess)

Term
WHat are the 3 basic components of a contract needed in order to be valid?
Definition

1. Offer

2. Consideration

3. Acceptance

Term
What is the difference between Exchange of Consideration and a Unilateral Promise?
Definition
A promise without an exchange of consideration is not enforceable.
Term
This act prohibited adulterated or misbranded food or drugs from interstate commerce.
Definition
Federal Food and Drug Act of 1906
Term
The Federal Food and Drug Act was passed because consumers were concerned with __ of products.
Definition
Purity
Term

The 1906 Federal Food and Drug Act was considered Inadequate because:


 

Definition
  • False statements made about a drug by a manufacturer were held by the courts not to be misbranding
  • The act did not extend to cosmetics
  • The act did not grant the authority to ban unsafe drugs
  • Labels were not required to identify contents
Term

The first attempt to control specific class of drugs (i.e. narcotics) lead to International Opium Convention of 1912

and creation of this law.

Definition
Harrison Narcotic Act of 1914
Term
This Act created the FDA as we know it today.
Definition
Food, Drug and Cosmetic Act of 1938
Term
This law is designed to protect the public health by requiring that only safe, effective and properly labeled drugs and devices be introduced into interstate commerce and to assure that food and cosmetics are safe and properly labeled.
Definition
Federal Food, Drug and Cosmetic Act (of 1938)
Term
This amendment defined the types of drugs that cannot be used safely without medical supervision (defined what is OTC or Rx).  This amendment exempted certain drugs from the requirement that their labeling contain adequate directions for use.  
Definition
Durham-Humphrey Amendment of 1951
Term
These drugs were identified as being safe only under medical supervision.  
Definition
Legend drugs
Term
This drugs are required to have the phrase: Caution:  Federal law prohibits dispensing without a prescription.
Definition
Legend drugs
Term
The Durham-Humphrey amendment created policy regarding:
Definition

 1) OTC and Rx status

2) How prescription drugs were to be dispensed

3) oral prescriptions and written prescriptions,

4) refills

5) dispensing directly by a practitioner

Term
This Act was amended in 1954 to permit oral prescriptions for some narcotic drugs found to possess little potential for addiction. In general, prescriptions for narcotic drugs continued to be non-refillable.
Definition
Harrison Narcotic Act
Term

This Amendment was passed after Thalidomide disaster and it focuses on drug efficacy amendments, such as:

1. Proof of effectiveness

2. Proof of safety

3. Good manufacturing practices (GMP)
4. Drug advertising

5. Investigational drug procedures 

Definition
Kefauver-Harris Amendments of 1962
Term
Precursor to Controlled Substances Act 1970; controlled use of depressants, stimulants and hallucinogens.
Definition
Drug Abuse Control Amendments of 1965
Term
This Act served to consolidate the enforcement activities of the government (lead to creation of the DEA)that had previously been handled by various competing agencies. 
Definition
Comprehensive Drug Abuse Prevention and Control Act of 1970
Term
This amendment broadens the FDA authority by requiring extensive new requirements for medical devices. For the first time, the safety and effectiveness of life-sustaining and life-supporting devices are now required to have pre-market approval of the FDA.
Definition
Medical Device Amendment of 1976
Term

This Act covers rare diseases or conditions  that affects less than 200,000 persons in the US or one that affects more than 200,000 persons in the US and for which there is no reasonable expectation of recovering the development costs from the drug's sales in the United States. 

 

Definition
Orphan Drug Act of 1983
Term

This Act lead to:

  • Abbreviated New Drug Applications (ANDAs)
  • Patent Life extension for up to 5 years for patent life lost during FDAs regulatory review process
  • Decreased time necessary to obtain approval for generic drugs
Definition
The Drug Price Competition and Patent Term Restoration Act of 1984
Term

This Act lead to these policies:

  • Amended the FFDC Act to reduce the potential public health risks that may result from diversion of prescription drugs from legitimate commercial channels
  • Bans sale, trade, or purchase of samples (including community pharmacy)
  • Mandates storage, handling and record-keeping requirements for drug samples
  • Prohibits, with certain exceptions, the resale of prescription drugs purchased by hospitals or health care facilities

Establishes criminal and civil penalties for violations of the Act

Definition
The Prescription Drug Marketing Act of 1987
Term
This Act granted the FDA significantly broader authority including the authority to require a manufacturer to recall a device that would cause serious adverse health consequences or death. The device user (e.g., hospital, nursing home, infusion center) is required to report adverse events to the FDA within 10 working days.
Definition
Safe Medical Devices Act of 1990
Term
  • This Act defines "claims" that manufacturers are allowed to make regarding a dietary supplement
Definition
Dietary Supplement Health and Education Act of 1994
Term

This Act did the following:

  • Pediatric studies of drugs
  • Pharmacy compounding
  • Positron Emissions Tomography (PET) Compounding
  • Expediting Study and Approval of Fast Track Drugs
  • Information Program on Clinical Trials for Serious or Life-Threatening Diseases

Elimination of Certain Labeling Requirements: "RX only" vs. Federal Legend; "Warning---May be habit forming (use of this phrase repealed)

Definition
 The Food and Drug Modernization Act of 1997 (FDAMA)
Term

Requires a new, easy-to-read, standardized format for OTC drug information

Definition

Over-the-Counter Labeling Requirements (1999)

Term
The purpose of the Act is to prevent accidental poisoning of young children.
Definition
Poison Prevention Packaging Act 1970 (PPPA) 
Term
The ____ is responsible for the implementation of the Poison Prevention Packaging Act (PPPA) of 1970.
Definition
U.S. Consumer Product Safety Commission (CPSC)
Term
  • The ____provides for the marketing of "non-complying" packages or regulated substances other than prescription drugs in order to facilitate access to regulated products by the elderly and handicapped 
Definition
Poison Prevention Packaging Act 1970 (PPPA) 
Term

According to the Poison Prevention Package Act of 1970 (PPPA) It is necessary to package all ____ products, with certain exemptions in safety closure containers, and OTC drugs if they are dispensed as a prescription.

 

Definition
oral prescription 
Term
Federal OBRA Act of 1990 is only applicable to ___
Definition
Medicaid patient
Term

This Act established the:

1. Drug Review Programs by states

2. Retrospective Review Board

 

Definition
Omnibus Budget Reconciliation Act of 1990 (OBRA '90)
Term
screens each prescription at the point of sale or point of distribution; each state is required to establish standards for counseling patients by pharmacists
Definition
Drug Review Program by States
Term
conduct a periodic examination of claims data and detect fraud, overuse, or inappropriate or medically unnecessary care among physicians, pharmacists and individuals receiving benefits under the program.
Definition
Retrospective Review Board  
Term

       ____ also requires states to establish standards governing patient counseling. 

Definition
OBRA '90
Term
This Act required anabolic steroid to be placed in Schedule III.
Definition
Anabolic Steroid Control Act of 1990
Term

___ is also known as the Kennedy-Kassebaum Act, which in Title II includes provisions that authorize the Department of Health and Human Services to promulgate several sets of rules that apply to pharmacies, including:

·         Privacy rules

·         Security rules

·         Transaction ad code sets rules

·         Identifier rules

Definition
Health Insurance Portability and Accountability Act or HIPAA (1996)
Term
The ___ has issued the regulation,"Standards for Privacy of Individually Identifiable Health Information," applicable to entities covered by HIPAA
Definition
Department of Health and Human Services (HHS)
Term
The ___ is the Departmental component responsible for implementing and enforcing the privacy regulation
Definition
Office for Civil Rights (OCR)
Term

What is the purpose of the Security Standards?

Definition
The Security Standards require that safeguards be in place concerning the storage, maintenance, transmission, and access to protected health information
Term

What are Transaction and Code Sets Rules?

Definition

The proposed transaction rule requires the creation of a standard format that will be used even if the transaction is on paper, by phone, of by fax.

Term

What are the Unique Identifier Rules?  

Definition
  • Identifier rules will establish uniform numbers for patients, providers, health plans, and employers to help those entities identify and communicate with each other.
Term
There are ___ classes of comestics.
Definition
no
Term
  1. Devices are recognized in the ___, or the ____ or any supplement to them 
Definition

Official National Formulary

or 

United States Pharmacopeia

Term
Types of drugs covered under the FDCA
Definition

1. Legends or prescription

2. OTCs

3. Controlled substances

Term
What are Third Class Drugs?
Definition
3rd Class of drugs: Drugs available only through a pharmacist (legislation needed to create such class of drugs)
Term
The responsibility for enacting child-resistant packaging standards for pesticides lies with the ____.
Definition
Environmental Protection Agency
Term
Why are drugs put into controlled schedules?
Definition

1. Dependency

2. Psychological dependency

3. Public health risk

Term
What is the most common example of misbranding in a pharmacy?
Definition
When a phamacist refills a prescription without the authorization from the prescriber.
Term
Explain the difference between adulterated drugs and misbranded drug.
Definition

Adulterated drug = has something physically wrong with the drug ex. physical damage, change in color, bad smell etc.

 

Misbranded drug: false info on the label of the drug

Term
Give and describe the different classes of drug recalls.
Definition

Class I Recall: product cause serious or fatal consequences.

Class II Recall: drug or device cause serious but reversible health effects.

Class III Recall: product are not likely to cause adverse health consequences.

Term
What are the 3 basic form of regulatory action that the FDA can impose during a product recall?
Definition

1. Injunction or restraining order from court (civil procedure)

2. Seizure or embargo (civil procedure)

3. Regulatory letter (administrative action by FDA)

Term
Who can order a drug recall?
Definition
Only the manufacturer or distributor (the FDA cannot recall a drug, they can stop the sale of the drug through court action)
Term
T/F: the FDA has the power to order a drug recall.
Definition
False: only the manufacturer or distributor has that power
Term
Patient Package Inserts required pharmacies to include package inserts with what drugs?
Definition

1. Isoproterenol

2. Contraceptives and estrogen products:

a. oral contraceptive

b. after-sex contraceptives

c. Injectable contraceptives (Mederoxyprogesterone acetate)

d. Estrogens

e. Progestational drugs

Term
What type of records must a pharmacy keep according to the FDCA?
Definition

1. When drug arrives at the pharmacy (Record of Acquisition - invoice from wholesaler)

2. Drug sits in pharmacy shelve (Inventory)
3. Drug is leaves pharmacy (Prescription or sale record) 

 

Term
What is defined as a new drug?
Definition
  • It contains a new chemical substance for medical
  • It is an established drug offered in a new dosage form
  • It is an established offered with new medical claims
  • It is an established drug offered at new dosage levels
  • It is an established drug packed in a new or novel packaging material 
Term
___ is a new drug for which a New Drug Application (NDA) has been approved by the FDA 
Definition
Approved drug
Term
A drug that was in use prior to the effective date of the ___and are not subject to the NDA requirements (drug efficacy) if the drug is distributed and promoted in accordance with labeling and established use as it then existed 
Definition
1938 FDCA 
Term
_____ provides that reimbursement for covered outpatient drugs prescribed for eligible recipients of Medicare or Medicaid will only be provided when the drug is prescribed for a "medically accepted indication." 
Definition
OBRA 1990
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