Part 2: Read The Case Studies Below And Then Respond To The
Part 2read The Case Studies Below And Then Respond To The Questions T
Read the case studies below, and then respond to the questions that follow. Jackie is a pharmacy technician. She receives a faxed prescription for a Schedule II drug for a patient in a long-term care facility. She questions her supervisor about the prescription. Robert, her supervisor, asks, “Do you think our state allows us to fill a faxed prescription for Schedule II drugs?" John, another pharmacy staff member, overhears this and says, “Yes, we are okay.
DEA regulations permit faxed prescriptions of Schedule II drugs for patients in long-term care facilities." “Maybe so," Robert says, “but I still want to know her response, because I don't know what state law says." John replies, “It doesn't matter. The DEA is a federal agency. Federal law overrides state law. Go ahead and fill it, Jackie. You will be all right." Robert disagrees, saying, “I don't think we can make that assumption." Question 1: Without knowing anything else about this case, who do you think is correct? Why? Question 2: What agency would regulate Schedule II prescriptions in their state? A pharmacy technician practicing in the state of Oregon, which requires both active certification and licensure, remembers to recertify herself but ignores the requirement to renew her license on time. After two months, the state board of pharmacy contacts her about her expired license. Question 3: What will this pharmacy technician have to do to become relicensed?
Paper For Above instruction
The case studies presented highlight critical aspects of pharmacy law, focusing on federal and state regulations and the licensing requirements for pharmacy technicians. Understanding the legal framework governing controlled substances, especially Schedule II drugs, is essential for pharmacy professionals to ensure compliance and maintain patient safety.
Question 1: Who is Correct Regarding the Faxed Schedule II Prescription?
Without additional details, the person correct in this scenario depends on understanding the interplay between federal and state law regarding Schedule II prescriptions. According to DEA regulations, facsimile prescriptions are permitted for Schedule II drugs under specific circumstances, such as for patients in long-term care facilities. The DEA explicitly states that facsimile prescriptions can serve as the original prescription if the requirements are met, providing a legal pathway for such prescriptions in these settings. Conversely, state law may impose additional restrictions or requirements not addressed by federal law. Hence, if the state's law aligns with federal regulations, filling the faxed prescription would be permissible. However, if the state has more restrictive laws, those would take precedence. Therefore, unless the pharmacy staff knows the specific state regulations, both viewpoints have merit: federal law allows fax prescriptions for Schedule II drugs in certain situations, but state law could override or restrict this practice. In this case, the correct stance is that federal law permits faxed Schedule II prescriptions for long-term care, but pharmacy staff must verify state laws to avoid legal violations.
Question 2: Which Agency Regulates Schedule II Prescriptions in Oregon?
In Oregon, the regulation of Schedule II prescriptions, as well as the licensing and certification of pharmacy personnel, falls under the authority of the Oregon Board of Pharmacy. This state agency provides guidance on pharmacy practice regulations, licensing requirements, and medication control laws within Oregon. While the DEA (Drug Enforcement Administration) is responsible for enforcing federal laws related to controlled substances across the United States, the Oregon Board of Pharmacy manages the licensing, discipline, and practice standards specific to pharmacists and pharmacy technicians in Oregon. The board ensures compliance with state laws, monitors professional conduct, and oversees the licensure process, including renewal requirements. Therefore, for Schedule II prescriptions and pharmacy technician licensure, the Oregon Board of Pharmacy is the primary agency regulating these activities in the state.
Question 3: Steps for a Pharmacy Technician in Oregon to Become Relicensed
When an Oregon pharmacy technician's license has expired due to non-renewal, they must undertake specific actions to become relicensed and resume practice legally. The process generally includes submitting a license renewal application, which may involve completing the required continuing education (CE) credits within the renewal period. Additionally, the technician must pay any applicable renewal fees and provide proof of continuing competency, if required. Since the license has been expired for over two months, the technician may need to reapply for licensure as a new applicant if the licensing period has lapsed beyond the renewal window. In some cases, the technician might need to submit a reinstatement request or reapply, demonstrating that they meet all current licensing requirements and have completed any necessary CE or renewal processes. The Oregon Board of Pharmacy's procedures typically require the technician to contact the board, complete any necessary paperwork, and possibly pass a background check or verify their qualifications before becoming relicensed. To avoid future lapses, the technician should adhere strictly to renewal deadlines and maintain updated records.
References
- Drug Enforcement Administration. (2021). Faxed prescriptions for schedule II controlled substances. DEA Diversion Control. https://www.deadiversion.usdoj.gov
- Oregon Board of Pharmacy. (2022). Pharmacist and pharmacy technician licensing. Oregon.gov. https://www.oregon.gov/pharmacy
- United States Drug Enforcement Agency (DEA). (2020). Federal regulation of controlled substances: Schedule II prescriptions. https://www.deadiversion.usdoj.gov
- American Pharmacists Association. (2023). Pharmacy practice law and regulations. APHA.org
- NABP. (2021). Pharmacy technician certifications and licensing. NABP.net
- Oregon Revised Statutes Chapter 689. (2022). Pharmacy law. Oregon.gov
- US Department of Justice. (2018). Controlled Substances Act. Justice.gov
- American Society of Health-System Pharmacists. (2023). Regulations for pharmacy practice. ASHP.org
- NABP. (2022). Recertification and license renewal procedures. NABP.net
- Oregon Board of Pharmacy. (2023). License renewal and reinstatement guidelines. Oregon.gov