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Pharmacy Law Study Guide Questions and Answers Fully Solved
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Pharmacy Law Study Guide Questions
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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.
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