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25 Cards in this Set
- Front
- Back
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Purposes of regulation
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1. increase quality of care
2. decrease costs 3. inhibit criminal drug abuse |
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State Boards of Pharmacy
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-Purpose is to protect public
-Consist of practicing pharmacists, other health care professionals, and public members -Pharmacists on Board tend to be independent, but trend is to inc chain and hospital |
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National Association of Boards of Pharmacy
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-National organization of state boards
-Oversees NAPLEX -Develops model legislation and regulations for state boards -Oversees license transfers between states -Facilities communication for disciplinary actions involving multiple states |
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Licensing of Pharmacists
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1. Graduation from pharmacy school
2. Completion of internship requirements 3. Minimum age (18) 4. Pass licensing exam 5. Demonstrate good moral character |
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Licensing Pharmacies
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-Standards based
-Ownership requirements -Mail order pharmacies must be licensed in state of residence, and may be required to register with state boards in states of practice |
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The board shall discipline the holder of any license issued by the board, whose default has been entered or whose case has been heard by the board and found guilty, by any of the following methods:
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-Suspending judgment
-Placing him upon probation -Suspending his right to practice for a period not exceeding one year -Revoking her license -Taking any other action in relation to disciplining him as the board in its discretion may deem proper |
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Grounds for discipline:
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-False info in app for license
-Violation of statute or regulation relating to pharmacy practice -Conviction of a felony (acts leading to charge, even if not convicted) -Moral turpitude (fraud, immorality) -Unprofessional conduct -Incompetence |
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Unprofessional conduct shall include:
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-Gross immorality
-Incompetence -Gross negligence |
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Pharmacy defined practice:
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-Collaborates with other health care professionals in pt's drug therapy
-Counsels patient -Maintains pt medical records |
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A framework for analyzing an ethical issue: in Pharmacist/Pt relationship
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1. Identify Problem (Facts, Moral Issues, Legal Issues and Limitations, Relevant human values)
2. Develop alternative courses of action 3. Select preferred course of action 4. Prepare responses to objections to selected course of action |
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In order to prevail in a case of health related professional malpractice, the pt/plaintiff must prove all of the following:
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1. The professional had a duty to the pt
2. The professional breached this duty 3. The breach of duty was a cause of injury of harm to the pt; and 4. The amt of damages suffered by the pt |
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Compensatory damages:
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To compensate for the pt's actual loss
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2 types of compensatory damages:
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-Economic (out of pocket losses for both past and future) include medical expenses and lost earnings.
-General damages include pain and suffering (past and future), loss of consortium, and wrongful death |
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Punitive Damages:
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To punish the defendant for certain types of intentional wrongdoing.
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Medical Malpractice in CA:
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-Earlier of: 1 year of date of discovery or 3 years from wrongful act.
-May be extended 90 days following notice of intent to sue or under certain circumstances if pt is minor |
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General negligence in CA:
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-Usually 2 years
-Could apply in case of product liability for drug (Some claims against some public entities must be brought within 6 months) |
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Common bases for pharmacist discipline:
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-Rx errors
-Failure to consult pt records -Failure to communicate with prescribers, coworkers, employees, and patients -Failure to supervise other persons in the pharmacy -Mishandling certain drugs |
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Incompetence
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Conduct that demonstrates lack of knowledge or ability of the level of the ordinary professional licensee, as judged by community or statewide standards. Usually req a pattern of conduct.
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Gross negligence
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Conduct demonstrates an extreme departure from community standards for the profession. Beyond simple negligence.
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Negligence
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Not specified as a basis for discipline in the pharmacy law, and ordinarily not grounds for discipline. But it can be ground for disciple if expert testimony proves the negligence amounted to unprofessional conduct
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Cause of Harm to Pt:
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It is not necessary to prove that the unprofessional conduct caused harm to the pt in a disciplinary proceeding. This is bc the purpose of the discipline is to protect the public, not to compensate harm to the pt.
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3 categories of defect:
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-Design
-Manufacturer -Failure to warn |
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4 elements of negligence
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-Incompetence
-Gross negligence -Negligence Cause of harm to pt |
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3 different basis for lawsuit:
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-Negligence
-Breach of warranty, based on express or implied agreement that drug would not be harmful -Strict liability, preferred by plaintiffs |
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Prescriber liability:
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Based on professional negligence principles, not strict liability
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