An historic and profound change in california pharmacists


Case Law Assignment Dear Students:

An historic and profound change in California pharmacists' duties and roles in dispensing controlled substances came in 2013, in the form of the Pacifica Pharmacy case.

You will submit a memorandum in which you will demonstrate that you have learned the legal lessons from this case, as well as apply them in practice.

The goals of this assignment:

1. Learn the laws and the Board of Pharmacy's interpretation thereof, as reflected in this case

2. Practice reading legal opinions written by Administrative Law Judges.

3. Gain a deeper understanding and appreciation for how one's license can ultimately be revoked.

CASE: In the Matter of the Accusation Against Pacifica Pharmacy; Thang Tran

Pacifica Pharmacy Corp, PHY 46715.

ANALYSIS STEPS & DOCUMENT CONTENT ORDER:

1. Lookup the pharmacy's (& pharmacist's) license on the Board of Pharmacy website (so you can see how "Verify a License" looks when a license is revoked).

2. Download the case for analysis (via the hyperlink to the PDF download) and read it. Carefully.

3. DRAFT AND FORMAT YOUR MEMORANDUM IN THE FOLLOWING ORDER - AND RESPOND TO ALL QUESTIONS PRESENTED:

a. Determine which exact laws (i.e., specific regulations) were violated.

i. Lookup those laws, copy & paste the text. Incorporate them into your document.

b. Summarize, IN YOUR OWN WORDS, what each law says:

i. General description

ii. Does it impose an affirmative duty or obligation?

iii. Does it ban or prevent something from being done?

iv. Does it merely give guidance, leaving final discretion to the pharmacist?

v. Is it black & white, not allowing for any discretion to the pharmacist?

vi. Does it impose a penalty? If so, what?

c. Describe HOW the pharmacist / pharmacy violated these laws in the case.

d. Describe WHAT the pharmacist / pharmacy should have done differently, in retrospect, to prevent the violations.

e. Describe the practical implications of this case on the practice of pharmacy today.

f. Give a brief personal opinion about whether you agree with the ruling, and why.

g. In the last paragraph, include the following statement and provide your signature and date immediately after the following affidavit:

i. "I declare, under penalty of perjury of the laws of the State of California, that the information that I have provided in this Case Law

Assignment is my own work. I further promise that I did not copy the work of others in violation of Chapman University policies on plagiarism."

MANDATORY REQUIREMENTS AND GUIDELINES:

• This must be an individual assignment.

• The Document itself:

o 12-point font, in a sans serif style font of your choice.

o 1" margins all around.

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