Contents - Volume 7, No. 1

Dietary Supplements

Traditionally, the FDA has regulated herbals, nutrients and dietary supplements through a variety of legislation. This lead article covers a brief summary of the laws and regulations governing such items as herbals and diet supplements. A final rule by the FDA, which took effect on February 7,2000, establishes criteria for determining when a statement about a dietary supplement is a claim to diagnose, cure, mitigate, treat or prevent disease.

Strict Administrative Liability for the Supervising Pharmacist

The first in a series of six continuing education articles written by Karl G. Williams, a pharmacist and attorney, this article addresses the responsibility and liability of the supervising pharmacist in NYS. Discussion of strict liability, diversion of controlled substances, dispensing violations and the risk associated with the corresponding responsibility is reflected in the citing and explanation of two cases involving pharmacists.

Mailbag

• In a recent issue of Pharmacy Law, there was a paragraph about prescription refill transfers that stated "such exchange may include only one refill per transfer." Does that mean the original script plus one refill, or just one refill? What happens to the script after the transfer?
• Is it legal for hospital pharmacies to gather samples from a hospital's clinics and dispense them to inpatients?
• Can a store have a "drop box" to be used for prescriptions and/or requests for refills when the pharmacy is closed?
• Is it legal for an oral surgeon to personally dispense a Schedule IV analgesic to his/her patients and receive a fee for doing so?
• My pharmacy vends to a nursing home. Must these drugs be dispensed in child-resistant packages?