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Law 5 Pages

California Codes And Regulations: Legal Restraints On Pharmacy Practice/Business

Question

LEGAL RESEARCH PAPER

The objective of this project is to familiarize the student with applicable legal restraints on business. It is important that each prospective business manager be able to locate applicable law regulating the business activity; be able to understand the goal sought by the legislation; be able to understand and apply current interpretation of such legislation; and be able to conform decisional activity to the requirement imposed by such legislation.

Note: Students can only do legal research on California Codes and Regulations.

The structure and organization of the legal research is the following:

  1. INTRODUCTION. There should be a general statement about the legislation one is about to do research on. Why is this topic important to you? How are you going to approach this topic. One should consider, that the introductions is designed to captivate the interest of the reader while at the same time providing the reader a basic outline on how one is going to approach this topic.
  2. LEGISLATION. The student is to write the law as it exactly appears in the Federal Codes or Federal Regulations. The code in the research project should mirror the code as it appears in the federal codes. Remember, the purpose of electing representative in the legislature is to empower them to make the law. We in society merely respond to the law. Do not interpret or give impressions about the law in the legislative section of this paper.
  3. RATIONALE. Whenever a law is written, the law itself must satisfy the “due process” standard of the 5Th and 14Th amendment. This means that the law cannot be arbitrary, capricious or unreasonable. Furthermore, due process requires that there be some evidence that the law went through a deliberative and rational process. Therefore, the law must have a purpose, goal or rationale. Student must state the purpose, goal or rationale of the law.
  4. SUBSEQUENT CASE ANALYSIS. Students are to select only one case that is relevant to the code in questions (it is advisable that the student go to the “notes on decision’ to ascertain relevant cases under the code section). Students are to brief the cases by applying (FILAC). Also, the students are to properly title the case. If the statute or subject is new and there are no relevant cases, students are advised to go to law journals articles (easily accessible in lexis nexus) and select two articles relevant to the subject at hand. The student is to properly cite the journal article and do a one page summary of each article.
  5. CONCLUSION. The conclusion will consist of two parts:
  • SOCIAL IMPACT. In this section of the conclusion the student will explore as to whether or not the legislation is accomplishing its goal? Is there significant controversy about the legislation? In other words, what is the social attitude about the legislation.
  • PERSONAL OPINION. This section of the conclusion, the student provides their respective personal opinion of the legislation. In this section the student might explore how the law affects that person individually? Are there any ethical or moral opposition to the law?
Solution

Title: California Codes And Regulations: Legal Restraints On Pharmacy Practice/Business
Length: 5 pages (1375 Words)
Style: MLA

Preview

California Codes and Regulations: Legal Restraints on Pharmacy Practice/Business

Introduction

The legislation that is discussed in the paper is based on pharmacy scope of practice and exceptions. The business code of regulation appears in California Law, California Business and Professions Code under, Chapter 9 (Pharmacy), Article 3, section 4050 to 4068. The topic is important because pharmacy regulations are indispensable in every society. The law ensures that only the academically and professionally qualified, as well as the duly certified pharmacists, can participate in manufacture, sale, and administration of medicinal drugs. Regulation in this field is important because it ensures that patients are not poisoned by fake pharmacists who may want to sell medicines as a money-minting business without considering the health of the patient.


****Middle part****


Rationale

The primary purpose of the pharmacy scope of practice and exceptions law is to help govern the practice of pharmacy business. Health care cannot be successfully done and its outcomes attained when medicinal drugs are not administered in the right manner. At the same time, poor administration of medicinal drugs may lead to loss of lives that negatively affects the social and economic well-beings of the society. This is the reason that the regulation of pharmacy business is important because it helps to save lives. The law is important and aims to protect unsuspecting patients and members of the public from unqualified and untrained self-confessed pharmacists (Horner, et al 190). The purpose of the legislation is also to govern the code of conduct of pharmacists because most of them fear being sued for misconduct and having their licenses revoked by the authorities.

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