Overview
Regulatory Agencies
Regulatory Agencies cont./ Pharmacy Laws
Pharmacy Laws
Pharmacy Laws
100

Statues are...

passed by legislatures and then an executive person such as the president or governor has to approve those statues.

100

SBOP

(State Board of Pharmacy) Stage agencies that register and regulate pharmacy facilities, pharmacists, and pharmacy technicians

100

CDC

Centers for Disease Control and Prevention

  • Federal agency

  • Charged with protecting public health and safety through the investigation, identification, prevention, and control of diseases

  • Various institutes and centers operate under CDC oversight.

100

Misbranded

drug that is misleadingly or fraudulently labeled (focuses on representations made by the manufacturer)

100

Kefauver-Harris Amendment of 1962

Also known as the Drug Efficacy Amendment

Prompted by the thalidomide disaster of 1962

200

Regulations...

clarify statutes, but they do not change them. They have the force of the law. 


200

National Association of the Boards of Pharmacy

Assist the boards of pharmacy by making sure there are consistent standards among each state board

200

CMS

Centers for Medicare and Medicaid Services

  • Regulates administration of Medicare, Medicaid, the State Children's Health Insurance Program (SCHIP), the Health Insurance Portability and Accountability Act (HIPAA), the Clinical Laboratory Improvement Amendments (CLIA), and several other health-related programs

  • Conducts inspections to ensure compliance with its guidelines

200

Adulterated

altered and causing an undesirable effect (focuses on the physical conditions of the drug or device)

200

Poison Prevention Packaging Act

Required that medications had child-proof packaging.

Exceptions to this are nitroglycerin sublingual tablets and birth control pills, potassium effervescent tablets, and specific corticosteroid tablets

300

State pharmacy law vs. Federal pharmacy law

If federal and state pharmacy-related laws conflict, the more stringent law is applied.

300

FDA

Food and Drug Administration

  • protecting the public health by ensuring the safety, efficacy, and security of drugs, biological products, medical devices, food, and cosmetics. 

  • They must approve all medications before pharmacies can sell them in the U.S.

  • They oversee the regulation of products. If there is a problem they can inform the manufacturer, pharmacy, and general public.

  • They regulate the advertising and labeling of all prescription and OTC medications.

  • They require that all medications come with patient package inserts and requires all pharmacies to provide medication guides for medications that have black box warnings.

300

 TJC (formerly JCAHO)

The Joint Commission (formerly Joint Commission on Accreditation of Healthcare Organizations)

Evaluates and accredits nearly 15,000 U.S. health care organizations and programs

300

Food, Drug, and Cosmetic Act of 1938 (FDCA)

Labeling requirements

  • Labeling Requirements for dispensed prescriptions include:

    • Pharmacy Name and Address

    • Serial Number (Rx Number)

    • Date of fill

    • Expiration Date

    • Prescriber’s name

    • Patient’s name

    • Directions for use

    • Cautionary statements

  • These meds should also have a package insert with them

300

Comprehensive Drug Abuse Prevention and Control Act of 1970

Also known as the Controlled Substances Act of 1970

  • Established the Drug Enforcement Administration (DEA)

  • Established five classes, or schedules, for controlled substances based on potential for abuse

400

State pharmacy law vs. Federal pharmacy law (apply to)

  • State pharmacy law

    • Pertains to actual practice

    • License pharmacies and pharmacy professionals

    • Determine standards for pharmacy practice

    • Add restrictions to federal laws, such as food and drug laws

  • Federal pharmacy law

    •  Pertains to manufacturing, marketing, and distribution of pharmaceuticals

    • Determines extent to which medical regulations are uniform among the 50 states


400

DEA

Drug Enforcement Administration

  • Regulates the legal trade in narcotic and dangerous drugs, manages a national narcotics intelligence system, and works with other agencies to prevent illegal drug trafficking

  • DEA administrator reports to the director of the FBI.

  • DEA has offices nationwide and in 40 foreign countries.

  • They can prosecute offenders that breach legislation 

400

Food, Drug, and Cosmetic Act of 1938 (FDCA)

Caused by and regulated...

Prompted by the sulfanilamide disaster of 1937

Regulated who could prescribe legend (prescription-only) drugs

400

Food, Drug, and Cosmetic Act of 1938 (FDCA)     

OTC must include...

  • Over-The-Counter (OTC) medications must include the following information on their label:

    • Product name

    • Name and address of the manufacturer and distributor and name of the person or place that repackages the product and others in the chain of commerce.

    • Established name of all inactive or active ingredients and the quantities of certain other ingredients

    • Net contents

    • Required cautions and warnings

    • Name of any potentially habit-forming drug contained in the formula

    • Adequate directions for use or consumption.

400

Registration for Controlled Substances:

Pharmacies that dispense controlled substances have to file a form 224 with the DEA and they have to renew this every 3 years


500

Patient’s Bill of Rights

  • Established by each state

  • Outlines patient's proper expectations regarding quality of care, privacy, and individual health care provider's responsibilities

  • Health care providers and facilities must provide all patients with access to a written copy of the patient bill of rights

500

OSHA (1970)

Occupational Safety and Health Administration 

Ensures the safety and health of America's workers by setting and enforcing standards

500

Pure Food and Drug Act of 1906

  • Provided for federal inspection of meat products

  • Forbade manufacture, sale, or transport of adulterated food products or poisonous patent medicines (focused on purity of products)

  • But this act did NOT:


    • Cover cosmetics

    • Provide the authority to ban unsafe drugs

    • Prohibit false statements about drugs

    • Require labeling to identify product contents


      • there were no requirements to list active ingredients, directions for use, warnings, or safety concerns on labels

500

Durham-Humphrey Amendment of 1951 (AKA: Prescription Drug Amendment)

  • Required prescription drugs to bear the legend, "Caution: Federal law prohibits dispensing without a prescription"

  • Later amendments approved a substitute legend that reads "Rx only“

  • Also gave permission for medications to be made over the phone

500

Ordering, Receiving, and Documentation Requirements

To order Schedule II meds, the pharmacy must fill out a form 222. It is a triplicate (top copy goes to the drug supplier, second copy goes to the DEA, and the third copy is kept by the pharmacy )