Pharmacy Law

Ethical Principles
Ethical Principles guide the performance of tasks and responsibilities so they fall within a moral framework.

Ethical principles include complying with laws and regulations, maintaining competency and respecting patient privacy and confidentiality.

State Pharmacy Laws and Regulations
State pharmacy laws establish the legal requirements, restrictions and prohibitions for the practice of pharmacy.

State pharmacy laws and regulations distinguish between the tasks and responsibilities that pharmacists perform and those that the technicians are permitted to perform.

State Boards of Pharmacy
State boards of pharmacy are responsible for regulating the practice of pharmacy including pharmacies, pharmacists, pharmacy interns, and pharmacy technicians.

The state board regulates:

1. Licensing pharmacies and pharmacists
2. Registering or Licensing technicians
3. Inspecting pharmacies
4. Issuing rules and regulations
5. Investigating complaints
6. Disciplinary actions

Information on the various state boards is available through the National Association of Boards of Pharmacy (NABP)

Pharmacy Licensure
Every state requires pharmacies to have a valid current license or permit in order to operate the facility. Requirements include:

1. Record keeping
2. Security
3. A pharmacists in charge
4. A Licensed pharmacists on duty during operational hours

The categories for pharmacy licenses include:

1. Retail
2. Community
3. Institutional
4. Hospital
5. Nuclear
6. Mail-order
7. Long-term
8. Sterile compounding
9. nonresident

Most states require pharmacies that are located in a other state (i.e, nonresident pharmacies) to be licensed in the state if they mail, ship, dispense, or deliver prescriptions drugs to residents of the state.

Pharmacy Technicians
The requirements for technicians vary from state to state. Common requirements include:

1. Registration or license
2. Permitted tasks
3. Prohibited conduct
4. Qualifications for registration or license include:
5. Minimum age
6. High school diploma or equivalent
7. Completion of a training program
8. An examination

The State Board of Pharmacy in each state is the best resource for obtaining the current requirements.

Patient Counseling
State laws and regulations set the requirements for patient counseling by pharmacists regarding their prescription medications.

The offer to council differs from patient counseling.

The offer to counsel occurs when patient is asked if he/she would like to receive information from the pharmacists.

Whereas counseling is providing information to the patient.