Law exam 1 Flashcards
(156 cards)
Branches of government
legislative: makes the laws
Judicial: interprets the law
Executive: enforces the law
Checks and Balances
Makes sure that all three of the branches have equal power so not one is more powerful than the other
market failures
Public goods: manufacturers will not produce what they will not get incentives for such as orphan drugs and vaccines
Externalities: one issue affecting one party more than another example antibiotic resistance
Natural monopolies: one group of manufacturers might have a tendency to produce more of the drugs thus they will get more money
Information asymmetry: information not being known in full amount by a certain group than another
Public goods:
manufacturers will not produce what they will not get incentives for such as orphan drugs and vaccines
Externalities
one issue affecting one party more than another example antibiotic resistance
Natural monopolies
one group of manufacturers might have a tendency to produce more of the drugs thus they will get more money
Information asymmetry
information not being known in full amount by a certain group than another
doctors know more than patients
Why regulate drugs
Market failures
Best interest of patient
Highly regulated profession
Limits on the law
Minor violations
Sources of Law
Federal vs State
- Federal law over state law
- There is a discrepancy when the state is less strict
Constitution
3 branches
What does each branch do
Administrative agencies
- Examples: statutory,
Criminal vs Civil vs Administrative
civil: private vs private
Criminal: federal vs private
Administrative: agency vs private
Code of Federal Regulations
compilation of final regulations divided and indexed by subject matter
Federal Register
daily publication of proposed and final regulations and notices
State
Branches
Agencies
idk rn
State vs. Federal
What to follow- federal over state if ever an option
Court cases/Trial Procedure
Plaintiff tries to state their point and warrant that the defendant’s point has not merit
Notwithstanding can allow the judge to override the verdict if the jury came to the wrong one
A witness can face penalty if they do not show up in court
Defendant can issue a plea of bargain so that they not be arrested
FDCA
1- A drug has to be proven safe and effective for use before it is marketed and sold
2- has to be proven by the Food and Drug Administration (FDA)
3- forms the nucleus for today’s laws
Durham Humphrey
Rx & OTC
Oral prescriptions
1- Labels must have directions for use and warnings about the habit-forming properties of drugs.
2- This applies to cosmetics and devices as well.
3- Drugs on the market at this time were not safe for use except under medical supervision.
1- Established two classes of drugs
prescription and over-the-counter
2- Labels of prescription drugs do not need to contain “adequate directions for use” as long as they have “Caution: Federal law prohibits dispensing without a prescription”
1- The label for “adequate directions of use” is satisfied by a pharmacist putting the label of directions from the prescriber
2- Authorizes oral prescriptions (giving prescriptions by word of mouth) and refills of prescription drugs
Food Additive
requires the Food and Drug Administration (FDA) to ban food additives that are found to cause or induce cancer in humans or animals as indicated by testing.
Color Additive
- cannot be used to hide impurities of food
1- Requires manufacturers to establish the safety of color additives in foods, drugs, and cosmetics.
2- The FDA can approve a color for one use but not the others (e.g. external use only)
Kefauver Harris
Established that drugs need to be not only safe but effective and need to be tested in pregnancy subjects too
Established pregnancy warnings
1- required drugs to be proven not only safe but also effective.
2- Place control of prescription drug advertising from the Federal Trade Commission to the FDA
established
3- Good Manufacturing Practices (GMP)
added more extensive controls for clinical investigations, informed consent, and reporting of adverse drug reactions
Medical Device
- made sure that they were effective to implement chemical and biological effect for medical benefit
1-The FDA could not review medical devices for safety and efficacy before marketing
2- Congress amended the FDCA to provide more extensive regulation and administrative authority regarding the safety and efficacy of medical devices.
1- Classification of devices according to their function
2- premarket approval
3- Establishment of performance standards
4- Conformance with GMP regulations
5- Adherence to record and reporting requirements
Orphan Drug Act
- created incentives for manufacturers to create orphan drugs for rare diseases
1- Pharm. companies told Congress that the NDA process was too expensive to make drugs for diseases that affected a few people.
2- Congress provides tax and exclusive licensing incentives for companies to develop and market these drugs– so this is the Orphan Drug Act :)
what is an orphan drug?
drugs for “rare diseases or conditions” (defined as those affecting fewer than 200,000 Americans.)
PDMA - prescription drug marketing act
1- Prescription drug samples will have sales restrictions and record-keeping requirements
2- Prohibits hospitals and other healthcare entities from reselling their drugs
3- Other businesses require state licensing of drug wholesalers.
4- A secondary distribution system for prescription drugs was threatening public health and safety and creating an unfair form of competition.