PRS 103 CONTEMPORARY ISSUES IN PHARMACY REGULATION PRS 103.6: LICENSURE AS ASSURANCE OF COMPETENCE DR. BRUSHWOOD S MONOGRAPH

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1 PRS 103 CONTEMPORARY ISSUES IN PHARMACY REGULATION PRS 103.6: LICENSURE AS ASSURANCE OF COMPETENCE DR. BRUSHWOOD S MONOGRAPH

2 PRS 103.6: LICENSURE AS ASSURANCE OF COMPETENCE ACTIVITY DESCRIPTION This monograph explores the use of professional licensure to protect the public by limiting pharmacy practice only to those who have met specific criteria. The monograph examines the justification for the use of licensure and it considers challenges to licensure as a method of assuring individual competence. The monograph concludes that the task of assuring pharmacists can accept derivative authority from the licensing agencies to establish systems that assure competency at pharmacy practice sites. This monograph can be taken as a standalone 1 credit hour home study in law (ACPE accredited) but is also a component of the Pharmacy Regulatory Specialist curriculum. To qualify as a PRS, one must enroll in each of the five (5) live PRS pharmacy law webinars given throughout the year and successfully complete twenty-six (26) one-credit monographs. Once all requirements have been completed, the participant must pass a final comprehensive exam (70% or higher) and pay $199 for the recording and issuing of the Pharmacy Regulatory Specialist Certificate. TARGET AUDIENCE The target audience for this activity is pharmacists and pharmacy technicians in hospital, community, and retail pharmacy settings. LEARNING OBJECTIVES After completing this activity, the pharmacist and pharmacy technician will be able to: List the factors that justify professional licensure Discuss the process through which pharmacists become licensed Describe the derivative authority of licensed pharmacists, through their licensing boards ACCREDITATION PHARMACY PharmCon, Inc. is accredited by the Accreditation Council for Pharmacy Education as a provider of continuing pharmacy education. NURSING PharmCon, Inc. is approved by the California Board of Registered Nursing (Provider Number CEP 13649) and the Florida Board of Nursing (Provider Number ). Activities approved by the CA BRN and the FL BN are accepted by most State Boards of Nursing. CE hours provided by PharmCon, Inc. meet the ANCC criteria for formally approved continuing education hours. The ACPE is listed by the AANP as an acceptable, accredited continuing education organization for applicants seeking renewal through continuing education credit. For additional information, please visit Universal Activity No.: H03-P&T Credits: 1 contact hour (0.1 CEU) Release Date: May 27, 2014 Expiration Date: May 27, 2016 ACTIVITY TYPE Knowledge-Based Home Study Monograph FINANCIAL SUPPORT BY PharmCon 1

3 ABOUT THE AUTHOR David Brushwood is professor of Pharmaceutical Outcomes and Policy at the University of Florida College of Pharmacy. A graduate of the schools of pharmacy and law at the University of Kansas, professor Brushwood practiced both professions prior to entering academia. Professor Brushwood has developed error prevention programs for several pharmacy chains. His research interests are in the areas of regulating for outcomes, medication error prevention, and pain management policy. He has received grant funding from numerous agencies including the Robert Wood Johnson Foundation, the National Institutes of Health, and the National Community Pharmacy Foundation. Professor Brushwood received the 2012 Pellegrino Medal. The award honors nationally-recognized leaders for contributions to healthcare ethics in the selfless spirit of Edmund D. Pellegrino. He also has twice been selected as a Mayday Scholar in Pain Policy by the American Society of Law, Medicine & Ethics. Professor Brushwood is a frequent contributor to pharmacy journals and to law journals. He developed, and serves as an advisor for the UF online Master of Science in Pharmacy, a graduate program offering seven areas of specialization in regulatory pharmaceutical fields. David Brushwood, JD, RPh Professor, University of Florida School of Pharmacy FACULTY DISCLOSURE It is the policy of PharmCon, Inc. to require the disclosure of the existence of any significant financial interest or any other relationship a faculty member or a sponsor has with the manufacturer of any commercial product(s) and/or service(s) discussed in an educational activity. David Brushwood reports no actual or potential conflict of interest in relation to this activity. Peer review of the material in this CE activity was conducted to assess and resolve potential conflict of interest. Reviewers unanimously found that the activity is fair balanced and lacks commercial bias. Please Note: PharmCon, Inc. does not view the existence of relationships as an implication of bias or that the value of the material is decreased. The content of the activity was planned to be balanced and objective. Occasionally, authors may express opinions that represent their own viewpoint. Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information presented in this activity is not meant to serve as a guideline for patient or pharmacy management. Conclusions drawn by participants should be derived from objective analysis of scientific data presented from this monograph and other unrelated sources. 2

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12 ACTIVITY TEST 1. The Supreme Court of the United States validated professional licensure in the late 1900s. What was the justification for the court s position? A. Fear. B. Politics. C. Market Failure. D. Public Demand. 2. According to Stanley Gross, who should bear the burden of justifying the monopoly created by licensure? A. The states, but not the professions. B. The professions, but not the states. C. Both the states and the professions. D. Neither the states nor the professions. 3. Which of the following degrees qualifies the recipient to become a pharmacist? A. MD. B. PharmD. C. MSPharm. D. PhD. 4. What challenge to written state pharmacy licensure exams led the states to use NAPLEX? A. Scientific validity. B. Cultural competence. C. Individual sensitivity. D. Comprehensiveness. 5. From what type of state may a pharmacist generally reciprocate a license to another state? A. From a state where the pharmacist was licensed by examination. B. From a state where the pharmacist graduated from pharmacy school. C. From a state where the pharmacist has resided for five or more years. D. From a state where the pharmacist has practiced actively for five or more years. 11

13 6. Approximately how many pharmacists are board certified? A. 4,000. B. 14,000. C. 24,000. D. 34, What type of pharmacy residency corresponds with the medical model for specialties? A. MSPharm. B. Certificate. C. PGY1. D. PGY2. 8. Through what program has the FDA indicated the intent to require additional qualifications or certification of pharmacists who manage high risk drug therapy? A. CQI. B. Residency. C. REMS. D. CGMP. 9. For what purpose is the pharmacy malpractice litigation system designed? A. To provide compensation to a patient harmed by a pharmacist error. B. To assure competence of all practicing pharmacists. C. To assure competence of all pharmacy managers. D. To require that management in all pharmacies assure pharmacist competence. 10. Pharmacists have authority from their licensing agency to assure that competent practice occurs. What is this authority called? A. Original authority. B. Derivative authority. C. Primary authority. D. Professional ownership. Please submit your final responses on freece.com. Thank you. 12

OVERVIEW OF RECENT PHARMACY LAW CASES DAVID BRUSHWOOD, JD, RPH

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