Law Review - Dr. Morrow Flashcards
(37 cards)
Food Drug Administration (FDA)
- Federal
- Regulate: food, drugs, cosmetics, biologics, and blood products
Functions of FDA
- Drug approval based on safety, efficacy, and purity
- Regulate labeling
- Regulate generics
Drug Enforcement Agency (DEA)
- Federal
- Works mainly with controlled substances
Code of Federal Regulations (CFR)
- Federal
- Divided into 50 titles
- Where many federal laws can be found
Pure Food and Drug Act of 1906
- Prohibited adulteration and misbranding
- This act FAILED
- Did not cover false claims
- Did not regulate cosmetics or devices
Pure Food and Drug Act of 1912
- Prohibited the use of false efficacy claims
- Proved to be difficult to enforce
- Hard to prove fraudulent claims or intent
Food Drug and Cosmetic Act of 1938
- All marketed drugs must be SAFE
- Labels must have adequate directions and warnings
- Drugs that were marketed before 1938 were excluded
Durham-Humphrey Amendment of 1951
- Prescription drug amendment
- Established two distinct drug classes
- Legalized verbal orders
- Prohibits dispensing without a prescription
Kefauver-Harris Amendment of 1962
- Drug EFFICACY
- Thalidomide issue
- Drugs need to be safe AND efficacious
Orphan Drug Act 1983
-Incentives to produce drugs for rare diseases/conditions
Drug Price Competition Act (1984)
-Made generic drugs more accessible to the public
Dietary Supplement Health and Education Act 1994
-Regulates supplements more as food; not as drugs
Statute
- Written law passed by legislature on the state OR federal level
- Changes to statutes require amendment by the legislative body
Federal vs. State Law
- States may be more restrictive than federal statute (but never less)
- 10th amendment grants the STATE government the right to regulate pharmacy practice
The Interstate Commerce Law
-Gives federal authority to regulate drug distribution
Where can you find the statutes for New Mexico
-New Mexico Statutory Authority (NMSA)
NM Drug, Device, and Cosmetic Act
- Very similar to Federal Food, Drug, and Cosmetic Act
- Empowers BoP to enforce these rules
- Prohibits adulteration, misbranding, counterfeiting
NM Pharmacy Act
- Established BoP
- Gives BoP power
- RPh licensing by examination
- Intern licensing requirements
- Nonresident pharmacy licensure
- Grounds for disciplinary actions
Impaired Pharmacist Act
- Created program to help rehabilitate pharmacists unable to practice safely due to substance abuse, aging, mental illness, etc
- Voluntary participation by impaired pharmacist
States Examples
- Pharmacist prescriptive authority
- Controlled substances
- Impaired pharmacists act
Regulations
- 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
New Mexico Board of Pharmacy (BoP)
- Pharmacy authority
- New/ amended regulation go through the NM BoP
Reciprocity
- Establish criteria for licensure as a pharmacist
- Requires applicant to be licensed in a state that grants NM reciprocity
- Requires NM MPJE
What Pharmacists MUST do to Earn/ Maintain their license
- Graduate from an accredited college
- Pass the NAPLEX
- Pass the MPJE
- Renew license every 2yrs
- Obtain 30hr CE every 2yrs