Pharm Law 3
Card Set Information
Pharm Law 3
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
: 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)
: fine only.
Pharmacy practice: unlawful use of a controlled substance
schedule 1/II= class 6 felony
schedule III/IV/V= class 1 misdemeanor
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
: planning and overt act toward or in furtherance of committing the specified crime
: 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.