Law & The Technician Notes

Laws & The Technician

Laws set the minimum standards for behavior within a society, enacted either by Congress for federal issues or by state legislatures for state-specific issues.

Laws, Rules, and Regulations

Rules and regulations offer more detailed specifications compared to laws, and they can be found in legislative codes, statutes, or court declarations. They are essentially administrative actions authorized by statutes.

Examples include:

• DEA (Drug Enforcement Administration) regulations

• FDA (Food and Drug Administration) regulations

• State board of pharmacy rules or regulations

Federal vs. State Law

Federal laws create a base for state laws that govern pharmacy practice.

Federal Agencies:

• FDA (Food and Drug Administration):

  • Established in 1938 by the Federal Food Drug and Cosmetics Act (FDCA).

  • Ensures the safety, efficacy, and quality of:

    • Drugs and medical devices.

    • Food, cosmetics, and dietary supplements.

    • Products emitting radiation.

• DEA (Drug Enforcement Administration):

  • Established in 1973 as part of the Controlled Substances Act of 1970.

  • The primary agency for enforcing the Controlled Substances Act.

Patient Rights

Federal laws safeguard patient rights, especially in nursing homes, covering various aspects of pharmacy practice. These rights include:

• Privacy and confidentiality.

• The right to file complaints.

• Access to information for informed consent.

• The right to refuse treatment.

Marijuana Laws

Federally, DEA laws prohibit all marijuana use. However, as of January 2019, nearly all states had laws allowing the sale of medical and/or recreational marijuana, meaning most states do not prosecute individuals complying with their state marijuana regulations.