Pharm Law 3
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- punishable offense against society, as opposed to a civil wrong against a particular person who may recover damages in a civil suit.
- the same wrongful act may give rise to both criminal and civil liability
Level of crimes
- Felony (most serious)
- Misdemeanor (less serious)
- Petty Offense (least serious)
- presumptive sentence for a feloy is a fine or imprisonment in a state prison or both as shown below.
- crime of violence: third felony conviction= mandatory prison sentence
- adders: violence/dangerous weapon/ other
- Imprisonment served in county jail
- adders may apply
- some crimes labeled as misdemeanor with defined punishment.
- imprisonment served in county jail
- maximum 6 months
- minor fine (up to $500 or as specified in statute)
- class 2: fine only.
Pharmacy practice: unlawful use of a controlled substance
- schedule 1/II= class 6 felony
- schedule III/IV/V= class 1 misdemeanor
- diversion program
Pharmacy practice: distribution, manufacturing, dispensing, sale or possession of a CIS:
- schedule 1 or II= class 3 felony
- schedule III= class 4 felony
- schedule IV= class 5 felony
- schedule V= class 1 misdemeanor
Posession of 1 gram or loss of Class I-IV scheduled substance
- class 6 felony
- class 4 felony for second conviction
- increased penalties for > amt
- flunitrazepam class 3
Pharm Practice: misdemeanor
- refill schedule III, IV, or V C/S >6 months after issue
- fail to retain scrip for 2 years
- fail to keep required C/S records
- refuse to make records available for pharmacy board or DEA inspection
- fail to properly label C/S container
Class 4 felony
- knowingly transfer drug precursors for unlawful activity
- furnish or omit material flase or fradulent information re C/S
- refuse entry for C/S inspection
Class 5 felony:
- willful false statement re C/S
- make or deliver false or forged order for C/S
- affix flase or forged label to C/S package or container.
Burden of Proof: Criminal Law
is on the prosecution to prove every element of the offense beyond a reasonable doubt. completely 100% proven guilty.
Rights of Defendant
- individual right only
- protection does not extend to business records, even if kept by an individual as an officer, manager, or employee.
- no compelled self-incrimination (miranda warning)
Crime against property
- attempt: planning and overt act toward or in furtherance of committing the specified crime
- conspiracy: agreeing with another to commit a crime and an overt act toward or in furtherance of committing the psecified crime.
Theft of medical records
copy of med records or meidcal information without authority.
Employee commits a crime- is the employer criminally responsible?
- they are if:
- employee is within scope of her /his employment
- company has a legal duty to perform a specific function and fails to do so and
- criminal act is authorized, requested, done or recklessly tolerated by senior management.
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