Block 1 Flashcards

(54 cards)

1
Q

Where does policy come from?

A

Non-public source

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2
Q

Define Law

A

Body of principles that govern conduct and the observance of which can be enforced by the government, or that which must be obeyed and followed by citizens or be subject to legal sanctions or consequences.

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3
Q

Define Ethics

A

Standards of behavior enforced by professional organizations

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4
Q

Define Mores

A

Standards of behavior made by society and enforced by peer pressure

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5
Q

What are the two things John Locke made?

A

State of Nature and Social Contract

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6
Q

Define Police Power

A

Authority of government to make laws related to public health, safety, and welfare

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7
Q

What level of government does Police Power exist?

A

State

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8
Q

How can the Federal government obtain Police Power?

A

Commerce Clause

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9
Q

What branch of government makes laws, allocates money, and confirms presidential appointments?

A

Legislative Branch

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10
Q

What branch of government interprets the laws?

A

Judicial Branch

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11
Q

What branch of government enforces the laws?

A

Executive Branch

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12
Q

Define Employment at Will.

A

Employment at Will is when there is no contract between you and the employer.

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13
Q

What are the 4 types of law?

A

Constitution, Treaty, Statute, and Regulation

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14
Q

Out of the 4 types of law, which is the highest form and which is the lowest?

A

Constitution is the highest and Regulation is the lowest.

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15
Q

What convention did the US sign a treaty to make marijuana an illegal substance?

A

Single National Convention on Drugs in 1961

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16
Q

What is a law called that is enacted by the legislature (federal or state)?

A

Statute

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17
Q

What are 3 sources of Law?

A

Common Law, Judicial or Case Law, and Stare Decisis

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18
Q

Describe Common Law.

A

Body of legal principles that came over from England. It formed the bases of our legal system

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19
Q

Describe Judicial or Case Law.

A

Law that comes from judges deciding cases. This source of Law comes for the US.

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20
Q

Describe Stare Decisis.

A

Means the decision stands. Rule of Precedent. This is when a decision from a similar case will be the ruling of the new case.

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21
Q

How does Stare Decisis help lawyers?

A

It helps them give legal advice based off the prior case.

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22
Q

When did Equity start?

A

Equity started in England in the Middle Ages and was brought to the US.

23
Q

Define Equity.

A

Equity is a court where you can get something other than money if you were wronged.

24
Q

Injunction

A

Court order for someone to stop doing something

25
UCC
Uniform Commercial Code | Model Statute taht deals with commercial issues
26
Model Pharmacy Act
Model Statute | Only 3 states accepted it, but the wording from it is used by many states in their own versions of the statute
27
Import Drug Act
1848 | Prohibited importation of adulterated drugs
28
Wiley-Heyburn Act
Federal Pure Food and Drug Act of 1906 | Major advancement in prohibiting adulterated and misbranded drugs and foods
29
Sulfanilamide Tragedy
1937 ethylene glycol was being used as a base for an elixir Lead to the Federal Food, Drug, and Cosmetic Act of 1938
30
Federal Food, Drug, and Cosmetic Act of 1938
Gave FDA primary enforcement authority Prohibited interstate commerce from being adulterated or misbranded Made it where only a pharmacist could dispense a drug with a written prescription and there were no refills allowed
31
Durham-Humphrey Amendment
1952 Amendment to the Federal Food, Drug, and Cosmetic Act Separated OTC from Rx drugs. Allowed oral prescriptions and allowed refills if they were allowed on the original prescription, orally given to the pharmacist, or dispensed by the practitioner. Also allowed the states to decide who can prescribe
32
Thalidomide Tragedy
1961 Caused birth defects in infants Lead to the Kefauver-Harris Amendment in 1963
33
Kefauver-Harris Amendment
1963 Required the manufacturer to prove safety and efficacy of drugs to the FDA. This was for all drugs made after 1962 and for drugs between 1938 and 1962 for which NDAs had been approved. It required the FDA to approve the drug instead of disapproving it. Grandfather Clause exempted drugs made before 1938.
34
Drug Price Competition and Patent Term Restoration Act of 1984
FDCA Amendment Waxman-Hatch Act Struck a balance between generic and brand name manufacturers Made it where generic needed to prove bioequivalence
35
Prescription Drug Marketing Act of 1987
FDCA Amendment | Reduced the public risk of having prescription drugs be advertised on commercial channels
36
Food and Drug Administration Modernization Act of 1997
Major overhaul of FDCA Clarified that compounding pharmaceuticals was regulated by states Allowed some pharmacies to compound medication before they received that prescription for a specific patient Banned advertising compounding services and soliciting prescriptions for compounding Required that before dispensing the label of a prescription product contain "Rx only" (eliminated the Federal Legend"
37
Drug Quality and Security Act of 2013
FDCA Amendment Eliminated bans on solicitation and advertising from FDAMA of '97 Established "Outsourcing Facilities" Established "Track and Trace"
38
Poison Prevention Packaging Act of 1970
Allowed Consumer Product Safety Commission to establish standards for child-resistant caps
39
Comprehensive Drug Abuse Prevention and Control Act of 1970
Principal law regulating drugs that are subject to or have potential for abuse or physical or psychological dependence Enforced by the Drug Enforcement Administration
40
Title 21-Food and Drugs, Chapter 1
Says FDA sets regulations for Food, Drug, and Cosmetic Act
41
Title 21-Food and Drugs, Chapter 2
Says DEA sets regulations for Federal Controlled Substances Act
42
OBRA '90
Omnibus Reconciliation Act of 1990 Stated, "In order to participated in Medicaid, states must have in place drug use review (DUR) programs, require pharmacists to offer counseling to Medicaid recipients, and require pharmacists to make reasonable efforts to obtain, record, and maintain patient medication records
43
HIPAA
Health Insurance Portability and Accountability Act of 1996 Title 2-Administrative Simplification Protects privacy and security Creates a National Provider Identifiers Required pharmacy to have backup system for records
44
Electronic Signatures in Global and National Commerce Act
Allowed the use of electronic prescriptions
45
Affordable care Act of 2010
Allowed pharmacists to provide MTM
46
Kentucky Revised Statute (KRS 315) Chapter 315
1960 | Established the Kentucky Board of Pharmacy
47
KRS 218A
``` Controlled Substances (1972) Kentucky's "Controlled Substances Act" ```
48
KRS 217
Foods, Drugs, and Poisons (1960) | Kentucky's Food, Drug, and Cosmetic Act
49
Kentucky Administrative Regulation Title 902 Chapter 55
Controlled Substances
50
KAR 201.2
Board of Pharmacy
51
USC
United States Code | Statutes made by Federal Government
52
CFR
Code of Federal Regulations
53
KRS
Kentucky Revised Statute
54
KAR
Kentucky Administrative Regulations