Florida Pharmacy Law: Statutes and Ethics

Florida Pharmacy Law Overview

• Laws impacting Florida pharmacy practice are in federal and Florida statutes.
• Florida laws are in Chapters 456, 499, 893, and 465 of the Florida Statutes.
• Florida Code 64B16 regulates the daily practice of pharmacy.
• Understanding each chapter's scope is vital, with a focus on overarching topics rather than specific number sets.

Key Florida Statutes

• Chapter 456 provides rules for all healthcare occupations in Florida.
• Chapter 499, the Florida Food, Drug, and Cosmetic Act, addresses drug misbranding and adulteration.
• Chapter 893, the Florida Comprehensive Drug Abuse Prevention and Control Act, is the state's Controlled Substance Act.
• Chapter 465, the Florida Pharmacy Act, contains pharmacy-specific statutes not covered in Chapter 456.

The Importance of Ethics in Pharmacy

• The course emphasizes ethics and law, highlighting that legal knowledge alone is insufficient.
• Ethics involves moral reflection applied to human conduct.
• Ethical considerations are indicated by the words "ought" or "should".
• Science focuses on facts, while ethics is centered on values with theories in both fields.

Science vs Ethics

• Science describes the world as it is, while ethics discusses how things ought to be.
• Science's goal is explanation and prediction, while ethics aims for justification.
• In healthcare, explanation equates to diagnosis, prediction to prognosis, leading to intervention.

Ethical Theories

• Virtue ethics is based on an individual's character and behaviors.
• Compassion and honesty are desirable virtues for healthcare providers.
• Deontological ethics is focused on whether an action conforms to a universal duty.
• According to Kant, lying is always wrong, as it cannot be universalized.
• Utilitarian ethics focuses on the consequences of an action, aiming to maximize good and minimize bad outcomes.

Healthcare Ethics

• Healthcare ethics is a professional, role-based ethic, distinct from personal ethics.
• In pharmacy ethics, the key question is what values support the pharmacist-patient relationship.

Core Bio-Ethical Principles

• Autonomy means that individuals have the right to choose treatment based on their values.
• Non-maleficence means to do no harm, avoid harm, or prevent harm.
• Beneficence means working to promote the patient's best interests.
• Justice refers to the fair allocation of medical resources to avoid disproportionate distribution.

Essential Rules of Healthcare Ethics

• Informed consent is a key rule.
• Confidentiality is another essential rule.
• Veracity, or truth telling, is required.
• Fidelity or loyalty is a rule in healthcare ethics.
• Exceptions to these rules should be justifiable, narrow, and not negate the rule itself.

The Interplay of Law and Ethics

• Ethics is a broader concept, encompassing the law.
• Laws often reflect underlying ethical values.
• Laws balance competing values, like freedom of speech versus protection from harm.
• Laws have specified punishments, while ethics relies on social disincentives.
• Most people follow moral principles due to belief, not just fear of punishment.

The Need for Ethical Reasoning

• Technology develops quicker than the law, necessitating ethical analysis.
• Society lets people choose the right action rather than just forcing it legally.
• The law sets a minimum behavioral standard.
• Pharmacists must exceed legal demands to be truly effective.

American Pharmacist Code of Ethics

• Pharmacists help individuals use medications effectively.
• The Code states fundamental principles based on moral obligations and virtues.
• Principles guide relationships with patients, professionals, and society.
• A pharmacist respects the covenantal relationship between the patient and pharmacist.
• A pharmacist promotes patient good in a caring, compassionate, and confidential manner.
• A pharmacist respects patient autonomy and dignity.
• A pharmacist acts with honesty and integrity in professional relationships.
• A pharmacist maintains professional competence.
• A pharmacist respects the values and abilities of colleagues, and other health professionals.
• A pharmacist serves individual community and social needs.
• A pharmacist seeks justice in the distribution of healthcare resources.