Pharm Law & Ethics Block 1

ethics

of or relating to moral action, conduct, motive, or character

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professionally right or befitting; conforming to professional standards of contact

moral

of or relating to principles of right and wrong behavior and the standards to which the actions of men should conform in their dealing with each other

rule/law

an established standard, guide, or regulation

beneficence

contribution to the welfare of others

nonmaleficence

to do no harm

consequence oriented theory

theories that judge the rightness & wrongness of an act on outcomes or predicted outcomes

duty oriented theory

basic rightness or wrongness of an act or decision depends upon the intrinsic nature of the act or decision

altruism

a concern for the welfare of others

equality

assurance that the patient has the same rights, privileges, or status in all cases & is treated with fairness and tolerance

justice

upholding moral & legal principles with integrity and a keen sense of mortality

autonomy

support a patient's right of self-determination and avoid influencing a patient's decisions by withholding or providing misinformation

fidelity

support the patient's right to hold his/her health information in the strictest of confidence

T/F -- pharmacists are responsible for providing patient care that ensures optimal medication outcomes

true

external factors that affect ethical decision making

* professional authority
* technical competence
* rules
* professional values
* economic forces

which form of ethical theory is represented below --

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does a universal moral principle apply to the case?

normative ethics

which form of ethical theory is represented below--

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does each person's opinion of what's right/wrong provide us solid footing?

comparative ethics

which form of ethical theory is represented below --

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can we determine if good triumphs over bad/evil in the case?

consequential ethics

which form of ethical theory is represented below--

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is the greatest good for the most people met?

utilitarian ethics

which form of ethical theory is represented below --

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does the highest amount of virtue come from doing what one is supposed to do or does right trump duty?

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duty-based ethics

which form of ethical theory is represented below--

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does our intention override the outcome?

nonconsequential ethics

which form of ethical theory is represented below--

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do the moral norms of our society guide us effectively in this case?

ethical relativism

the following instances are cases of _______________ ______________

* dispensing the wrong drug/strength
* placing incorrect direction on the prescription label
* failure to warn a patient about side effects
* providing too many medication refills
* failure to detect a drug allergy or interaction

professional liability

professional liability aka

malpractice

negligence-based lawsuits require what four elements

1. a duty to the patient
2. the act/failure to act breached the duty owed
3. the act/failure to act was the proximate cause of injury
4. the patient suffered actual injury or harm

__________ & __________ of the injury in a negligence-based lawsuit will determine the amount of compensation to be paid

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quantity & severity

T/F -- injury classified in a lawsuit only includes physical harm

FALSE -- it may also include mental harm

in a negligence-based lawsuits, it is most difficult to prove that

the act/failure to act was the proximate cause of injury

T/F -- negligence based lawsuits that prove 3 out of the 4 elements are generally deemed successful

FALSE -- 4 out of 4 elements must be proven to be successful

used when the patient was informed of the possibility for injury and is now arguing that the pharmacist was negligent

assumption of the risk

when the pharmacist breached the standard of care through violating a statue or regulation

negligence per se

person v. person

civil

government v. person

civil OR criminal

administrative agency v. person

disciplinary

defamation that is written or printed

libel-defamation

defamation that is oral

slander-defamation

T/F -- truth is an absolute defense

true

name one mechanism that is used for establishing that the patient assumed the risk

informed consent

"measuring device" for determining whether a defendant owed & breached a duty

standard of care

used to content that the patient's own negligence caused/contributed to the injury

contributory & comparative negligence

the possibility of loss or injury

risk

the possibility of loss with no possibility of gain

pure risk

the possibility of loss but accompanied by the possibility of gain

speculative risk

T/F -- insurance is purchased for speculative risk

FALSE -- it is only purchased for pure risk

a contract whereby one party undertakes to compensate the other for loss on a specific subject by specified perils

insurance

approaches to risk managment

* risk avoidance
* risk assumption
* reduction of hazards
* shifting the risk
* purchase of insurance

T/F -- board of pharmacy interprets and applies the laws & rules

true

types of law

* statutory
* case
* civil
* criminal
* substantive
* procedural

law that comes from judicial decisions or rulings

case law

law that governs conduct between individuals

civil law

law that governs conduct between individuals and society as a whole

criminal law

law that defines and provides for the rights of individuals

substantive law

law that provides the mechanism for enforcing one's rights

procedural law

list the administrative agencies that impact pharmacy

* centers for medicare & medicaid
* food & drug administration
* federal trade commission
* drug enforcement administration

Board of Pharmacy's are part of the ______________ branch of government

executive

when the criminal uses force, threats, or intimidation to take something of value from someone else

robbery

a "break-in" that occurs when criminals illegally enter the pharmacy when it is closed and steal items

burglary

common red flags for robbery/burglary

* clothing
* lingering
* questions about operations, surveillance system, or employees

repeat customers that purchase ___________ items serve as a red flag for robbery/burglary

inexpensive

best thing to do before a robbery

prepare

best thing to do during a robbery

cooperate

best thing to do after a robbery

witness

most common type of weapon used in pharmacy robbery

hand gun

least likely day of the week for pharmacy robbery

sunday

most common time of day for pharmacy robbery

afternoon (4pm-8pm)

least likely time of day for pharmacy robbery

overnight

least likely type of weapon used in pharmacy robbery

rifle

most common day of the week for pharmacy robbery

monday

in 2007 the Tennessee General Assembly transferred the TN Board of Pharmacy from the TN Department of Commerce and Insurance to

the TN Department of Health

T/F -- the TN board of pharmacy has the ability to suspend your license if you refuse to repay student loans or child support

true

any licensee that fails to pay the annual registration fee within _____ days after registration is due shall have their license revoked without further notice

60 days

if you change your address, how many days do you have to notify the division of the change

30 days

T/F -- when you notify the division within 30 days of an address change, they will issue a duplicate registration certification for an additional fee

FALSE -- they will administer the duplicate without and additional fee

prescription records in TN must be kept for

2 years

T/F -- the division shall publish a directory of all persons licensed to practice any branch of the healing arts in TN

true

T/F -- criminal background checks are required for all health care providers

true

the director of the division of health-related boards has the power, duty, & responsibility to

* employ all staff that perform duties for the agencies
* promulgate rules & regulations
* employ, with consent of the regulatory board concerned, all executive directors & consultants
* maintain a central filing system
* provide office space for agencies attached to the division
* assign personnel to staff such agencies

a person who is appointed to serve on a board and who does not engage in any profession, business or activity subject to regulation by the board

citizen member

The governor shall appoint _______ citizen member to each health-related board that does not have a citizen as a part of its membership

1

civil penalty against such person in an amount is not to exceed __________ for each separate violation

$1000

T/F -- when being fined for violation, each day of continued violation is acceptable to constitute as a separate violation

true

as of October 2010 any employee providing direct patient care, for whom a background check has not been completed, must have what type of "check" should be administered

registry check

on or after January 1, 2021, any prescription for a Schedule II-V controlled substance issued by a prescriber who is authorized by law to prescribe the drug must be issued as an

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electronic prescription

to be a member of the board in TN, you must be

licensed in the state of which you live

T/F -- payment & costs of an investigation and prosecution is financially taken care of by the board of pharmacy

FALSE -- it can be billed to the licensee

before the hiring of a pharmacist takes place, one must check which registries

* sex offender registry
* abuse registry
* elder abuse registry
* child abuse registry

you do not have to perform a registry check on a future employee if

you perform a background check

all law enforcement, EMS, and first responders are able to have ________ in their possession for use

narcan

as of Jan 1, 2021 __________________ prescriptions are required for schedule II-V controlled substances

electronic

as of Jan 1 2023, all ___________________ prescriptions are only eligible if they are electronic

medicare part D

the TN board of pharmacy is comprised of

* 6 pharmacists
* 1 consumer member

colleges & schools of pharmacy exert influence over the profession by their role as

"gatekeeper" to the profession

Tennessee Tripartite Committee consists of representatives from

* The Board of Pharmacy
* TPA
* Colleges & schools of pharmacy \`

Tennessee Tripartite Committee meets how often

3x per year

before ____________________ of program benefits, all enrolled pharmacies should be notified at least 30 days prior

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cancellation

the direct application of a drug to a patient or research subject by injection, inhalation, ingestion, topical application or by any other means

administer

means a voluntary process by which a practitioner's training, experience and knowledge are identified as meeting or surpassing a standard, defined or approved by the board beyond that required for licensure or registration

certification

is the practice of pharmacy whereby one (1) or more licensed pharmacists licensed in this state, jointly and voluntarily work with one (1) or more prescribers licensed in this state, under a collaborative pharmacy practice agreement to provide patient care services, to achieve optimal medication use and desired patient outcomes

collaborative pharmacy practice

a written and signed agreement entered into voluntarily between one (1) or more licensed pharmacists in this state, and one (1) or more prescribers licensed in this state, each of whom is in active practice in this state providing patient care services in this state

collaborative practice agreement

of a prescription order or initiative based on the prescriber-patient-pharmacist relationship

compounding

means planned, organized learning experiences and activities beyond the basic educational or preparatory program

continuing education