Jahangir Moini - The Pharmacy Technician_ A Comprehensive Approach , Second Edition -Cengage Learning (2010)

1. Pharmacy Law and
Ethics for the Technician

2. What is a law?
A principle or rule that is advisable or obligatory to observe.
Laws are enacted both to protect society and to maintain order and
standards of living

3. What are Ethics?
Ethics are the branch of philosophy that deals with the
distinction between right and wrong and with the moral
consequences of human actions.
Ethics are based on morals, particular behaviors or rules of
conduct that are formed through the influences of family,
culture, and society

4. Sources of Pharmacy Law
❖ U.S. Food and Drug Administration (FDA)
❖ The state board of pharmacy
❖ The Drug Enforcement Administration (DEA)

5. 1. Civil law governs the relationship between individuals within society.
Civil law governs pharmacists who do not act in a professional manner with their
customers, including areas such as libel, slander, violation of privacy, or
unintentional (personal) bodily injury.
1. Criminal law governs the relationship of the individual to society as a whole.
Criminal law governs intent to defraud pharmacy customers by cheating the
customer with regard to drug quality or pricing or misleading a customer as to the
facts about their prescriptions
1. Judicial law results from court decisions, whereas a statute results from action by
the legislature.

7. Governing Bodies
1. The legislative branch consists of the Congress (i.e., the House of Representatives and the
Senate). This branch is responsible for creating laws.
2. The executive branch consists of the president and vice president, cabinets, and various
smaller organizations. This branch of government enforces law.
3. The judicial branch consists of the Supreme Court and lower federal courts. This branch
interprets laws.

8. Types of Law
The main types of law are constitutional, statutory, administrative, common,
and international.
Constitutional law is derived from both federal and state constitutions.
Statutory law is established by the legislation.
Administrative law is derived from governmental administrative agencies.
Common law is created by judges, based upon previous court decisions.
International law is based on treaties and other agreements between two or
more countries

9. Criminal Law
Misdemeanors are usually punishable by fines and/or imprisonment up to one year, usually in a
city or county jail. Lesser misdemeanors are called infractions (which include minor offenses
such as traffic violations), punishable by fines without imprisonment. Each state lists its own
unique classes and subclasses of misdemeanors. These are usually grouped as Class A, Class B,
etc.
Felonies are serious crimes punishable by larger fines than misdemeanors, and/or imprisonment
for more than one year in a state penitentiary. Felonies include murder and rape.
Treason is considered the most serious type of crime, as it consists of attempts to overthrow the
government of the country.

10. Civil Law
Tort law allows for a person who has suffered harm from the wrongful acts of another to seek a
remedy (which is usually monetary).
A tort is a private wrong against another person or their property. Medical malpractice is regulated
under tort law.
Intentional torts are committed when a person’s rights are infringed upon intentionally. Examples
of intentional torts include assault and battery.
Unintentional torts are those committed against a person inadvertently, without intent to harm.
They also describe a lack of action when that action is required for a positive patient outcome.
Examples of unintentional torts include negligence and malpractice

11. Negligence involves not doing something that a reasonable person would do in a given situation,
or doing something that a reasonable person would not do in a similar situation.
Malpractice is defined as negligence that occurs within a profession. Malpractice may also be
referred to as professional negligence because a failure to act in a specific manner may result in
patient harm. Medical malpractice involves an action or lack of action that may be considered
improper within the confines of normal medical practice.

12. Contract law involves agreements that create obligations between several parties. These
obligations may be created, eliminated, or changed by an agreement (contract).
Contract law is directly affected by the Uniform Commercial Code, which was established to
provide uniformity to sales and transactions throughout the United States.

13. Administrative Law
Administrative law consists of rules and regulations established by agencies of the federal
government. This type of law is also called regulatory law.
Laws enacted by the legislature are referred to as statutory law. Administrative law agencies are
given authority by Congress.

14. Violation of the Law
A violation of the law is a crime.
A crime can be classifi ed as either a misdemeanor (a less serious crime, punishable by a fi ne or
imprisonment for less than one year) or a felony (a serious crime, such as murder, kidnapping,
assault, or rape that is punishable by imprisonment for more than one year).
The individual in violation of the law is called a criminal.
An individual who helps someone commit a crime is called an accessory. An accessory can aid the
perpetrator of a crime either directly or indirectly.