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Final exam (California Law Quiz Show).

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Final exam (California Law Quiz Show).

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Final exam (California Law Quiz Show)
statues and regulations are both written in very specific language which requires paying
careful attention to the words used. A law which contains terms as "must" or "shall" is
considered: ______________
Mandatory

- A mandatory law must be followed precisely as stated

- No deviation from what is stated




Permissive language uses the terms "may" or "can" to allow for:
The pharmacist's judgment on a case-by-case basis

(A law containing permissive language gives the pharmacist discretion to decide in their
judgment how to proceed)




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T or F: The California board of pharmacy may adopt rules and regulations as necessary for
the protection of the public, as long as those rules and regulations are not inconsistent w/ the
laws of the state of California
True




Does California Pharmacy Law cover all pharmacy practice situations?
No

- Regulations may not address every practice situation that arises

,- However, pharmacy regulations (BOP) are usually more broad and cover more than that
required or expected in a specific practice circumstance than are statues (legislature)




List what can happen when a new situation develops which is not directly addressed by
existing laws:
1) State legislature can address the issue by passing a statue. Or

2) State Board of Pharmacy can pass a regulation to address the issue. Or

3) A court of law can decide the issue. Or

4) The California Attorney General's office can render an opinion, which serves a guidance
on the matter




3 common types of legal actions can be brought against a licensed pharmacist for a matter
of wrongdoing. These include:
1) Civil Action
2) A criminal Action
3) An administrative action

* These 3 different actions can be brought separately or collectively




T or F: The California State Board of Pharmacy is under the jurisdiction of California
Department of Consumer Affairs
True




T or F: The Board consists of 13 members and 11 are appointed by the Governor
True

- The remaining 2 members (who shall not be pharmacists) are appointed by a committee of
the state senate AND the speaker of the assembly




What is the role of a Board of Pharmacy inspector?
To inspect during business hours, all pharmacies, medical device retailers, veterinary drug
retail operations, dispensaries, wholesalers of drugs or medical devices and operations in
which drugs or device are compounded, stored, dispensed or sold

, (May also inspect physician offices or clinics where drugs are ordered, stored and dispensed
to ensure they are operating under a license issued by the BOP)




Does a Board of Pharmacy inspector have authority to arrest?
Yes

They can arrest w/ "reasonable cause", and has the power to arrest, without a warrant, any
person believed to have violated state pharmacy laws, usually constituting a felony or a
misdemeanor




Does a Board of Pharmacy inspector remove pharmacy files from the pharmacy premises? If
so, under what conditions?
Yes. An inspector is allowed to remove from a pharmacy's files and records any
prescriptions that are the subject of the investgiation

- However, the inspector must provide a signed receipt to the pharmacy specifically stating
the prescription documents or drugs which were removed
- Any released prescription documents should be photocopied and the copies retained in the
pharmacy along w/ the receipt




T or F: The executive officer of the BOP must be a licensed pharmacist
False




Who may prescribe in California?
Under a well-structured protocol, usually a result of collaboration of a prescriber or a
committee of prescribers, not only physicians may prescribe

- Certain other personnel such as nurse practitioners, physician assistants, certified nurse
midwives, naturopathic doctors, and even pharmacists can furnish drugs under specific
conditions that include a collaborative protocol which must be strictly followed




California initial "expanded scope of practice" legislation gave pharmacists what new
opportunity?
After 2000, "extended scope of practice legislation" gave pharmacists the opportunity to
initiate and adjust drug therapy pursuant to a prescriber supported protocol in a community
pharmacy setting

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