Law Review - Dr. Morrow Flashcards

(37 cards)

1
Q

Food Drug Administration (FDA)

A
  • Federal

- Regulate: food, drugs, cosmetics, biologics, and blood products

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2
Q

Functions of FDA

A
  • Drug approval based on safety, efficacy, and purity
  • Regulate labeling
  • Regulate generics
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3
Q

Drug Enforcement Agency (DEA)

A
  • Federal

- Works mainly with controlled substances

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4
Q

Code of Federal Regulations (CFR)

A
  • Federal
  • Divided into 50 titles
  • Where many federal laws can be found
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5
Q

Pure Food and Drug Act of 1906

A
  • Prohibited adulteration and misbranding
  • This act FAILED
  • Did not cover false claims
  • Did not regulate cosmetics or devices
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6
Q

Pure Food and Drug Act of 1912

A
  • Prohibited the use of false efficacy claims
  • Proved to be difficult to enforce
  • Hard to prove fraudulent claims or intent
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7
Q

Food Drug and Cosmetic Act of 1938

A
  • All marketed drugs must be SAFE
  • Labels must have adequate directions and warnings
  • Drugs that were marketed before 1938 were excluded
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8
Q

Durham-Humphrey Amendment of 1951

A
  • Prescription drug amendment
  • Established two distinct drug classes
  • Legalized verbal orders
  • Prohibits dispensing without a prescription
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9
Q

Kefauver-Harris Amendment of 1962

A
  • Drug EFFICACY
  • Thalidomide issue
  • Drugs need to be safe AND efficacious
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10
Q

Orphan Drug Act 1983

A

-Incentives to produce drugs for rare diseases/conditions

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11
Q

Drug Price Competition Act (1984)

A

-Made generic drugs more accessible to the public

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12
Q

Dietary Supplement Health and Education Act 1994

A

-Regulates supplements more as food; not as drugs

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13
Q

Statute

A
  • Written law passed by legislature on the state OR federal level
  • Changes to statutes require amendment by the legislative body
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14
Q

Federal vs. State Law

A
  • States may be more restrictive than federal statute (but never less)
  • 10th amendment grants the STATE government the right to regulate pharmacy practice
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15
Q

The Interstate Commerce Law

A

-Gives federal authority to regulate drug distribution

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16
Q

Where can you find the statutes for New Mexico

A

-New Mexico Statutory Authority (NMSA)

17
Q

NM Drug, Device, and Cosmetic Act

A
  • Very similar to Federal Food, Drug, and Cosmetic Act
  • Empowers BoP to enforce these rules
  • Prohibits adulteration, misbranding, counterfeiting
18
Q

NM Pharmacy Act

A
  • Established BoP
  • Gives BoP power
  • RPh licensing by examination
  • Intern licensing requirements
  • Nonresident pharmacy licensure
  • Grounds for disciplinary actions
19
Q

Impaired Pharmacist Act

A
  • Created program to help rehabilitate pharmacists unable to practice safely due to substance abuse, aging, mental illness, etc
  • Voluntary participation by impaired pharmacist
20
Q

States Examples

A
  • Pharmacist prescriptive authority
  • Controlled substances
  • Impaired pharmacists act
21
Q

Regulations

A
  • STATE law give authority to executive agencies to develop regulations that support the statues
  • Increase flexibility and efficiency in the operation of laws
  • Indirectly enforceable laws
22
Q

New Mexico Board of Pharmacy (BoP)

A
  • Pharmacy authority

- New/ amended regulation go through the NM BoP

23
Q

Reciprocity

A
  • Establish criteria for licensure as a pharmacist
  • Requires applicant to be licensed in a state that grants NM reciprocity
  • Requires NM MPJE
24
Q

What Pharmacists MUST do to Earn/ Maintain their license

A
  • Graduate from an accredited college
  • Pass the NAPLEX
  • Pass the MPJE
  • Renew license every 2yrs
  • Obtain 30hr CE every 2yrs
25
Continuing Education (CE) Requirements
- 30 hrs every 2yrs - 10 hrs must be live - 2 hrs must be pt safety - 2 hrs must be law - 2 hrs must be opioids
26
Pharmacy Intern Can Do Everything Except
- Final check - Formulary selection - Supervise other staff - Ensure that supportive personnel have been properly trained - Change patient's drug therapy
27
Rules in a Pharmacy
- Must have a pharmacist in charge (PIC) recorded with the BoP - Define minimum equipment standards - Display: pharmacy license, controlled substance license, patients bill of rights, current BoP inspection report, "Prohibition of return of drugs"
28
Computerized Rx Information Requirements
- all specific Rx information with in 72hrs - Hard copy of non controls for 120 days - Hard copy of controls on premises for 2yrs - Hard copy available somewhere 3yrs
29
Hospital Pharmacies
- Have a process to access medications when pharmacist is not on duty - Pharmacist must verify these orders within 72hrs - Must have a CII safe
30
Wholesale Prescription Drug Distribution
- Must be licensed with the state - Must be suitable size and have appropriate venting and lighting - Must have secure entry - Authentication of pedigree
31
Minimum Standards for Manufacturers and Repackaging Firms
``` -MINIMUM standards Storage cGMP Stability protocols (USP) Radiopharmaceuticals ```
32
Limited Drug Clinics
``` -Animal control clinics Locked storage Consulting RPh required -Public Health Clinics Limited drug permit Consultant RPh required ```
33
Nursing Home Drug Control
- Must maintain a MAR - Must have a pharmacist - Detailed drug destruction records
34
Sample Drug Distribution
- Regulate distribution of pharmaceutical samples not intended for resale - Not acceptable standard of practice anymore
35
Controlled Substances
- Control and monitor access to control substances | - Prevent diversion of controlled drugs
36
Support Personnel and Pharmacy Technicians
- Renew tech license ever 2 years - Ratio of techs to pharmacist decided by the pharmacist in charge - ID badge required in restricted areas - May not perform final checks or receive verbal orders and deduce to writing
37
Emergency Medical Services Dangerous Drugs
- Must have a consultant pharmacist and review every 90 days - All instances when controlled substances were used - All or sample of cases when noncontrolled meds were used - All records of controlled substances for C5 for minimum of 3 years