Pharm Law 3

  1. Crime
    • 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
  2. Level of crimes
    • Felony (most serious)
    • Misdemeanor (less serious)
    • Petty Offense (least serious)
  3. Felony
    • 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
  4. Misdemeanor
    • Imprisonment served in county jail
    • adders may apply
    • some crimes labeled as misdemeanor with defined punishment.
  5. Petty Offense
    • imprisonment served in county jail
    • maximum 6 months
    • minor fine (up to $500 or as specified in statute)
    • class 2: fine only.
  6. Pharmacy practice: unlawful use of a controlled substance
    • schedule 1/II= class 6 felony
    • schedule III/IV/V= class 1 misdemeanor
    • diversion program
  7. 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
  8. 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
  9. 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
  10. 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
  11. 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.
  12. Burden of Proof: Criminal Law
    is on the prosecution to prove every element of the offense beyond a reasonable doubt. completely 100% proven guilty.
  13. 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)
  14. Crime against property
    • arson
    • burglary
    • robbery
    • theft
    • embezzlement
  15. Attempt/ conspiracy
    • 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.
  16. Theft of medical records
    copy of med records or meidcal information without authority.
  17. 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.
Card Set
Pharm Law 3
Criminal Law