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Flashcards in Lecture 1 Deck (38)
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1

Why are there laws? (4)

• A form of social control
• Permits, prohibits, or requires action
• Enforceable by government power
• Specifies penalties for violation

2

Civil penalties vs. Criminal penalties

-Civil: Usual ends up being fines
-Criminal penalties: Usually end up being jail time

3

Where do laws come from?
(5)

-Constitution
-Treaties
-Legislation (Statutes - ORS)
-Government Agencies (Rules OARS)
-Common Law (written opinion by the courts)

4

How are laws created?

-Acts of the US Congress/State Legislatures
-Decisions of administrative agencies
-Decisions in courts

5

What are types of laws made by the US Congress/ State Legislatures? (3)

Examples?

– Statutes
– Constitutional amendments
– Treaties (federal only)
– DEA, FDA, Boards

6

What are types of laws made by administrative agencies?

– Regulations
– Advisory opinions
– Enforcement guides

7

What are examples of federal agencies that deal with pharmacy laws?

– US Congress
– US Drug Enforcement Administration (DEA)
– US Food and Drug Administration (FDA)`

8

What are examples of state agencies that deal with pharmacy laws?

– State Legislature (Statutes - ORS)
– Oregon Board of Pharmacy (Rules - OAR)

9

What is the mission of the Oregon Board of Pharmacy?

…to promote, preserve and protect public health, safety and welfare by ensuring high standards in the practice of pharmacy and by regulating the quality, manufacture, sale and distribution of drugs.

10

Pharmacy is a ____________________ profession.

Pharmacy is a “self-regulated” profession

11

Board of Pharmacy enforces _________.

Board of Pharmacy enforces regulations.

12

How are the State Legislature and Board of Pharmacy Related?

-Legislature grants power to the board
-Legislature controls the Board's budget

13

How do members get on the board?

Board members are appointed by the governor and approved by the Senate

14

Who does the Board of Pharmacy report to?

The Governor

15

What are the two categories that practice of pharmacy laws fall in Oregon?

-Statutes and Rules

16

What are Statutes in Oregon?

(with regards to pharmacy)

Also known as?

- Enacted by a vote of the legislature
- Any changes require vote of the legislature
- The Board of Pharmacy is responsible for implementing and regulating
-Oregon Revised Statutes - ORS

17

What is an example of a recent statute in Oregon? (with regards to pharmacy)

New Oregon Birth Control Law

18

Where are rules found for pharmacy in Oregon?

Chapter 855

19

What are Rules in Oregon?

(with regards to pharmacy)

Also known as?

-Written and adopted by the Board of Pharmacy
-Must be allowed by a statute
-Usually more specific to a specific area of practice

-Oregon Administrative Rules - OAR

20

What are the procedures for the Board of Pharmacy making laws?

-Notice
-Hearing
-Filing and Publication

21

What are some important things to remember with Pharmacy Statutes and Rules?

-Not a "How to Practice Pharmacy" manual
-Minimum requirements
-Board relies on voluntary compliance
-Pharmacists must hold themselves and employers to high standard
-ITS THE PHARMACISTS LICENSE AFTER ALL

22

Pharmacy is a healthcare profession and
responsible for _____, ______, ______, and
________.

Pharmacy is a healthcare profession and
responsible for buying, storing, preparing, and
dispensing drugs

23

Drugs require special ________ and_______.

Drugs require special storage and handling

24

What are the three categories of legal processes?

-criminal
-civil
-administrative

25

Criminal legal processes.
Who vs. who?
What usually has occurred?

Criminal legal processes.
-Government vs. "person"
-Violation of a statute

26

Civil legal processes.
Who vs. who?
What usually has occurred?

Civil legal processes.
-"Person" vs. "Person" lawsuit
-Usually involves injury and compensation

27

Administrative legal processes.
Who vs. who?
What usually has occurred?

Administrative legal processes.
-Agency vs. licensee (Board vs. Pharmacist)
-Usually involves investigation and discipline

28

Liability

Actions or conduct creating civil liability may
result in criminal liability, and actions or
conduct creating criminal liability may result in
civil liability.

29

Vicarious liability

Pharmacists responsible for technician actions

30

Who required Tamper Resistant Prescription Pads in 2008?

Medicare & Medicaid prescriptions