Law
The body of principles that govern conduct and the observance of which can be enforced in courts
T/F: The law reflects whether something is morally or ethically right or wrong
False
T/F: Following the law may not allow a pharmacist to provide the best care to their patient
True
Statute
A written law enacted by the legislature
Who reviews the laws?
Congress or the state legislature
Who signs the laws?
President or state governor
T/F: Laws go through a public comment and revision process
False
Where are federal laws listed?
United States Code (USC)
Where are Indiana laws listed?
Indiana Code (IC)
Regulation (rule)
A rule having the force of law issued by an administrative agency (often provide detailed information on how to follow a particular law)
Administrative agency
Groups of non-elected, although sometimes appointed, officials with expertise in the area of interest that are authorized to issue regulations within the law itself
Administrative agencies that establish federal regulations for pharmacy
Food and Drug Administration (FDA) and Drug Enforcement Administration (DEA)
Promulgation process for regulations
Publication and comment process that a regulation must go through before it is final (if it does not go through this process, it can be challenged in court for failing to follow proper procedures)
Where are federal regulations listed?
Code of Federal Regulations (CFR)
Where are Indiana regulations listed?
Indiana Administrative Code (IAC)
US Code citation
Title USC § section(subsections)
Code of Federal Regulations citation
Title CFR §section(subsection)
Location of most citations for pharmacy or drug-related topics in USC and CFR
Title 21 - Food and Drugs
Indiana Code citation
IC title-article-chapter-sections
Indiana Administrative Code citation
Title IAC article-chapter (also called rules in IAC)-section
Legal actions for pharmacists who do not follow the law
Criminal, civil, and administrative actions
Criminal action
When you break the law and face punishment from the state or federal government related to the breach
Examples of criminal penalties
Fines and jail time
Civil actions
Occur when one private party sues another because they believe they have been harmed by the other person’s conduct