Exam (elaborations)
Pharmacy Law Study Guide Questions and Answers Fully Solved
- Course
- Institution
Pharmacy Law Study Guide Questions
[Show more]
Content preview
Pharmacy Law Study Guide QuestionsHierarchy of legal authorities in the US - answer Federal > State
The Oregon Board of Pharmacy exercises power delegated to it by the legislative
branch
Definition - Criminal - answer Government "the people" vs. "person". Violation of statute.
To deter undesirable activity and punish/rehab.
Definition - Civil - answer “person" vs. "person". Usually involves injury and
compensation.
Definition - Administration - answerAgency vs. licensee (Board vs. Pharmacist). Usually
involves investigation and discipline.
Definition - Liability - answerAction or conduct creating civil liability may result in criminal
liability, and actions or conduct creating criminal liability may result in civil liability.
Vicarious liability - answer"...responsibility of the superior for the acts of their
subordinate..."
Pharmacist responsible for technicians actions.
Results in empolyer responsibility for acts of employees.
Negligence/Malpractice and 4 elements - answerMalpractice is negligence occurring in
the practice of professionals.
Standard of care violation.
Examples: incorrect drug, quantity or dosage, quality of drug dispensed. Inadequate
counseling.
Four elements of negligence:
1) duty owed:
2) breach of duty
3) causation
4) damages
ALL FOUR must be proven for legal liability.
Duty owed (of care) - Negligence/Malpractice - answer"Reasonable and prudent"
Duty is to dispense with 100% accuracy.
Provide counseling and DURs
Breach of duty - Negligence/Malpractice - answerThree catagories for how to "breach
duty"'
1) Dispensing errors - (easily proven errors, difficult to defend)
, 2) Malpractice - proof of violation against standard of care.
3) Negligence per se - harm from violtation of statute or rule (failure to counsel)
Causation - Negligence/Malpractice - answerPlaintiff must prove breach of duty caused
the elleged damages.
Two types of causation:
1) actual - providing that medications taken resulted in alleged damage to the patient
2) proximate - providing medication taken caused all damages (foreseen or unforeseen)
Damages - Negligence/Malpractice - answerNo damages = no liability or compensation
Two types of damages
1) actual - dollar value of damage (lost wage, attorney fee, medical bills)
2) punitive - excess competition with goal of punishing defendant. "wanton and reckless
disregard" or "morally culpable"
Defenses against Negligence/Malpractice claims - answerComparative negligence:
'shared' negligence' between patient and pharmacist (e.g. dispensing error obvious, put
plaintiff takes meds anyway)
Statute of limitations: time limit on claims. (e.g. Oregon - 2 years from date of the
discovered injury), or 5 years from date of negligent act, regardless of the date of
discovery.
Tort - answercommon law jurisdiction, CIVIL WRONG (not criminal) that unfairly causes
someone else to suffer loss/harm resulting in legal liability for the person who commits
the act.
(e.g. tripping on a banana in a grocery store)
Procedure for Adjudication - 4 categories - answer1) Burden of proof - (level of evidence
required to prove charges)
2) Criminal - "there is no plausible reason to believe otherwise"
3) Civil - preponderence of the evidence, "more likely true than not
4) Administrative - preponderence of the evidence
Understand the main functions of the Board of Pharmacy and their mission -
answerMission: "...promote preserve and protect public health... safety and welfareby
ensuring high standards of practice..... and by regulating the quality, manufacture, sale
and distribtution of drugs."
Function: ORS 689.205 The BOP shall make, adopt, amend and repeal such rules be
deemed necessary...
Understand the main features of Medicare and Medicaid (NOT specific details of what
they cover) - answerMedicare: covers elderly (>65), dialysis, disabled and those
exposed to environmental hazards.
Medicaid: covers blind, disabled, aged, families with dependent children. Funded by
state and feds.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller julianah420. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
81113 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now