Legal News

Frustrated by its lack of success at reining in drug-company abuses, FDA is bringing back a legal doctrine spawned by long-dead rodents to bring criminal charges against pharmaceutical executives, including executives who had no personal knowledge of company misdeeds.

A recent state appellate court decision in California could help pharmacists claim meal and rest breaks they are due under state labor law. The case, which involved United Parcel Service workers, affirmed workers' right to up to 2 hours of extra pay daily.

REMS update

FDA recently called for the addition of new Risk Evaluation and Mitigation Strategy requirements for medications. This article examines some resulting challenges and potential solutions.

DEA's "Office of Diversion Control" prevents, detects, and investigates the diversion of controlled substances from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical needs. To accomplish this mission, the DEA sets forth regulations designed to prevent any such diversion.

Both the Food and Drug Administration and officials from a number of generic drug companies indicate they are in active talks on creating user fees to be paid by that industry to give the agency more resources to speed generics to the market, carry out inspections and other functions.

Very few state laws require a pharmacy to use a drug container that meets minimum quality-control standards. Legal metrics are needed to guard against possible patient harm resulting from an adulterated drug product caused by a "bad" container.

There are 2 measures of success every pharmacy should post on its wall. The first indicates percentage of QREs (quality-related events) in prescription fills, and the second measures the percentage of QREs caught before they reach the patient.

Controlling the expensive price tag of Medicare is an ongoing concern of both the Obama administration and Congress. Therefore, any Medicare provider can expect an audit. Is your pharmacy prepared?

Meth activity on the rise

Despite the electronic-tracking systems for pseudoephedrine that have been implemented in several states, methamphetamine-related activity is on the rise.

New draft standards from the U.S. Pharmacopeial Convention could bring dramatic changes to Rx labels as early as 2012. Changes to USP Chapter 17, Prescription Container Labeling, include larger font, placement of the most important information at the top, more understandable language, and more white space.

A pharmacy that engages in veterinary compounding has been embroiled in a struggle with FDA since it compounded a vitamin supplement for administration to 21 polo ponies during the U.S. Open Polo Championships in April 2009. When they were injected with the compounded vitamin supplement, all 21 ponies collapsed and died. FDA's subsequent court challenge raises the question of when compounding becomes manufacture.

A question was posed to students of a pharmacy ethics class. In every case, the answers given by the students were different from the responses of the practicing pharmacists.