Acts & Regulations Flashcards
(30 cards)
FDA
- Evaluates applications for new drugs, biologics, medical devices & food
- regulate pkg insert
- regulate advertising of drugs
- approve new drugs to be sold in US
- issue recalls
- advisory committees
DEA
- federal agency (dept of Justice)
- enforce controlled substance act (CSA)
- track controlled substances manufactured & sold
- investigate violations re controlled substances
Pure Food & Drug Act 1906
- First law to restrict drugs
- purpose was to stop sale of inaccurately labeled food & drugs
- label must have truthful info before marketing
- manufacturer not required to stop claims or have inspections
Harrison Narcotic Act 1914
- registration required for anyone involved with opiates (production, distribution, importation, etc)
- increased record keeping for dr, RPH dispensing narcotics
- dr allowed to dispense narcotics in course of professional practice
Food Drug & Cosmetic Act 1938
- strengthened earlier food & drug act
- demonstrate safety before marketing
- directions for safe use required and pkg inserts
- cosmetics and medical devices
- adulteration/misbranding defined & prohibited; prohibit false therapeutic claims
- narcotics require a warning label
Durham Humphrey Amendment 1951
- legend vs otc
- rx drugs were those that demonstrated lack of safety if used without medical supervision
- required label warning: “fed law prohibits dispensing w/out rx.”
Kefauver-Harris Amendment 1962
- required proof of safety & effectiveness for new drugs before marketing
- stricter control over drug trials (application required); informed consent for clinical trials
- reporting adverse affects to FDA
- disclose side effects & benefits
- GMP =Good Manufacturing Practice regulates manufacturing; inspections every 2 years
Comprehensive Drug Abuse Prevention and Control Act 1970 (aka Controlled Substance Act)
- requires security and strict record keeping for CS
- schedules created based on potential for abuse, medical use & safety
- DEA established to enforce laws concerning narcotics/distribution
Narcotic Addiction Treatment Act 1974
- legalized use of methadone to treat opioid use disorder
* limited methadone dispensing to certain clinics (opioid tx programs OTP, registered)
Orphan Drug Act 1983
- bypass certain restrictions to produce meds for rare diseases
- these drugs may lack statistical info due to lack of subjects
- still required to be safe, effective, stable, dosing, etc
- help motivate drug manufacturers to make these specialty drugs
Prescription Drug Marketing Act 1987
- prevents sale of substandard or counterfeit drugs; diversion, reimportation from other countries
- drug samples need to be accounted for, not sold to consumers
- requires licensing of wholesale distributors, safe storage of drugs, maintenance of distribution records
- hospitals can’t resale
Omnibus budget reconciliation act (OBRA) 1990
- enacted to reduce health care costs, improve quality of drug therapy -as safe and effective as possible
- RPH required to counsel all new meds for Medicaid (some states have adopted this for all rx’s), DUR/DUE required including interactions, duplications, dosage, allergies, evidence of abuse/misuse; maintain pt records with allergies, disease states, other meds being used.
- maintain proper pt records
Health Insurance Portability & Accountability Act 1996 (HIPAA)
- enacted to improve portability & continuity of health insurance coverage
- address use and disclosure of protected health information
- Ensures pt info is properly secured while still allowing flow of information to provide healthcare.
- national standards to protect pt sensitive health info
- requires pt consent to disclose info
Drug addiction act of 2000
- dr may now prescribe CS I’m schedule 3-5 in outpatient setting
- Dr must be certified and get special DEA #
Combat methamphetamine epidemic act 2005
- under patriot act
- limits sale of pseudoephedrine, ephedrine, and phenylpropanolamine
- 3.6/day, 9g/month, 7.5g by mail
- must store behind the counter or locked cabinet
- requires written log of purchases
- requires sellers to submit certification they’re in compliance and that employees selling have been trained
Anti-tampering act 1982
- otc and cosmetic
* pkg must have seal or tab to let consumers know if product has been opened
Poison prevention act 1979
- pkg cannot be opened by 80% of kids under 5, but can be opened by 90% of adults
- req for aspirin, acetaminophen, ibuprofen, iron with more than 250mg per pkg, all oral rx drugs, oral CS, drugs switched from rx to otc, lidocaine, dibucaine, minoxidil
- exempt: drugs used in nursing homes, sublingual nitroglycerin and others that need quick access
DEA form 106
SIGNIFICANT LOSS or theft:
- based on which CS is lost
- notify w/in 1 business day of discovery
DEA form 222 or CSOS (controlled substance ordering system)
Used to order CI and CII
DEA # verification
- add digits 1,3, and 5
- add digits 2,4, and 6; multiply by 2
- add first amount and second total
- last digit of this sun should match the last digit of the DEA #
DEA lettering
First letter represents type of practitioner (a,b,f,g-hospital,clinic, practitioner,teaching institution or pharmacy; m=mid level practitioner such as nurse practitioner; p, r is manufacturer, distributor, researcher, narcotic treatment program
Second letter should be first letter of practitioner’s last name
DEA form 224
All pharmacies dispensing controlled substances must register with DEA using form 224
DEA form 41
Required to submit prior to destruction of a controlled substance
Parts of HIPAA
- HIPAA privacy rule: refers to pt PHI
- HIPAA electronic healthcare transactions & code sets standards: requires every provider using electronic to use the same healthcare transactions, code sets & identifiers
- HIPAA security rule: compels admin,?technical & physical safeguards to protect PHI