Pharmacy Law

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 4,751 reviews

Jump to Section

Need help with a Power of Attorney?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

Pharmacy law is a comprehensive set of statutes, rules, and guidelines overseeing pharmacy practice, medication distribution, and other products. Furthermore, these laws are devised to guarantee the security and well-being of patients and the people and to oversee the actions of pharmaceutical organizations, pharmacists, and other healthcare industry members.

What is Pharmacy Law?

In the United States of America, pharmacy law is predominantly controlled at the state level, although federal laws also affect pharmacy practice. These regulations cover a vast spectrum of matters, including the registration and licensing of pharmacists, the management and allocation of controlled drugs, the labeling and packaging of medicines, and the advertisement of prescription drugs.

In addition, one of the key elements of pharmacy law is the requirement for pharmacists to be authorized. Moreover, to practice as a pharmacist, a person must give a national test and obtain a license from the state where they intend to practice. The licensing procedure also mandates pharmacists to finish continuing education programs to maintain their licenses and stay up-to-date with the latest progress in the pharmacy domain.

Apart from that, Pharmacy law contains national and state regulations, laws, and policies that set benchmarks for the licensure, training, and behavior of pharmacists and the operation of pharmacies. The laws and statutes cover areas such as prescription drug administering, privacy, drug security and efficacy, and drug abuse control, among others. The purpose of pharmacy law is to guarantee public health and safety by controlling the practice of pharmacy and the distribution of drugs.

How Pharmacy Law Differs Across States

Pharmacy law can differ from state to state in the United States. Moreover, each state has its Board of Pharmacy that establishes specific laws and ordinances for the practice of pharmacy within the state. Some of the areas where pharmacy regulations may differ from state to state include:

  • Prescription Drug Distribution: Regulations for distributing prescription medications can vary between states, including rules for electronic prescribing, dispensing of controlled substances, and prescription drug monitoring programs.
  • Licensure Prerequisites: Provisions for receiving a pharmacist license may differ from state to state, including education and test requirements.
  • Privacy: Privacy regulations differ between states, including rules for safeguarding patient health information.
  • Drug Abuse Control: Different states in the USA may have different rules for handling drug abuse, including distributing controlled substances and documenting suspicious drug-related movements.
  • Telepharmacy: Ordinances for telepharmacy, where pharmacists assist remotely, can vary between states.

It is necessary to note that national pharmacy laws apply to all states and take precedence over state regulations. Federal pharmacy laws comprise the Controlled Substances Act, the Food, Drug, and Cosmetic Act, and the Drug Enforcement Administration (DEA) regulations. Nevertheless, it is advised to consult with the state Board of Pharmacy for accurate information on the pharmacy laws in that specific state.

Meet some lawyers on our platform

Bruce B.

23 projects on CC
View Profile

Elbert T.

3 projects on CC
View Profile

Richard N.

100 projects on CC
View Profile

Jane C.

112 projects on CC
View Profile

Impact of Pharmacy Law Variations Across States

Some states in the USA have more restrictive pharmacy regulations than others, while some have less stringent ones. Moreover, some states also do not hold any pharmacy regulations at all. It can make it challenging for pharmacists and patients in those locations who want access to medical supervision but don't want to violate the law by using medications that may be prohibited in their area.

In addition, whether a pharmacist is allowed to prescribe medicine depends on how they're enrolled with the Pharmacy Board or other governing body that controls pharmacies within that area; some states need enrollment before prescribing, while others permit it regardless of whether or not someone has been- earlier registered as a physician. This provision is valuable for individuals in rural sites where a doctor may not be available, and their only alternative is to travel hours away from home to see one.

Important Acts Under Pharmacy Law

Many important acts fall under pharmacy law in the United States, including the following:

  • Health Insurance Portability and Accountability Act (HIPAA): This regulation sets benchmarks for safeguarding patient health data and sets regulations for the privacy of patient details.
  • Food, Drug, and Cosmetic Act (FD&C Act): This act establishes criteria for the security, efficacy, and labeling of medications, biological products, and medical instruments.
  • Drug Enforcement Administration (DEA) Regulations: The DEA is accountable for implementing the requirements of the Controlled Substances Act, including controlling the distribution and dispensing of controlled substances.
  • Controlled Substances Act (CSA): This act controls the distribution and use of controlled medicines, including pharmaceutical drugs and other regulated substances that can be abused.
  • Ryan Haight Online Pharmacy Consumer Protection Act: The act mandates online pharmacies to be certified by the state where the client is located and to confirm the medication before dispensing regulated substances.
  • Medicaid Drug Rebate Program: This regulation is part of the Social Security Act and directs drug manufacturers to enter into rebate contracts with the Medicaid program to obtain payment for covered outpatient medications.

These regulations and acts safeguard public health and security by ensuring the suitable allocation and use of medications and other regulated substances. Pharmacists and pharmacy companies must comply with these laws to preserve their licenses and avoid fines.

Key Terms

  • Prescription: A documented or oral order for a medicine given by an authorized practitioner (e.g., physician or dentist) to a pharmacist.
  • Drug Enforcement Administration (DEA): A national agency accountable for executing laws and ordinances related to regulated substances, including their manufacture, allotment, and dispensing.
  • Controlled Substance: The state regulates medication for its possibility of misuse or addiction, such as stimulants or opioids.
  • Good Manufacturing Practices (GMP): Benchmarks for manufacturing medical products guaranteeing quality and security.

Conclusion

If you are looking to get free pricing proposals from vetted lawyers that are 60% less than typical law firms, you can click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Erdal T. on ContractsCounsel
View Erdal
5.0 (1)
Member Since:
September 15, 2022

Erdal T.

Owner, CEO and Managing Attorney
Free Consultation
New Jersey
17 Yrs Experience
Licensed in NJ, NY
New York Law School

Erdal Turnacioglu of Erdal Employment Law focuses on providing employment solutions to both employees and businesses, whether through litigation, review of employee handbooks, workplace investigations, or training seminars.

Charlton M. on ContractsCounsel
View Charlton
5.0 (6)
Member Since:
September 19, 2022

Charlton M.

Attorney
Free Consultation
Dallas, TX
9 Yrs Experience
Licensed in TX
University of St. Thomas School of Law

Charlton Messer helps businesses and their owners with general counsel and contract drafting services. He has helped over 500 businesses with their legal needs across a variety of industries in nearly a decade of practice.

Dan "Dragan" I. on ContractsCounsel
View Dan "Dragan"
5.0 (2)
Member Since:
September 21, 2022

Dan "Dragan" I.

Managing Attorney
Free Consultation
Chicago, Illinois
24 Yrs Experience
Licensed in IL
University of Illinois College of Law

I received a bachelor’s degree in philosophy from Northwestern University in 1996 and then got my JD at University of Illinois College of Law where in 1999. I have been a lawyer helping people with legal issues in the United States and Internationally since then. That includes litigation as well as contracts/transactions. I am currently licensed and authorized to practice before the Illinois courts and the United States’ District Court for the Northern District of Illinois. Internationally I am one of a select few American attorneys licensed and authorized to practice before the United Nations ICTY/IRMCT, the International Criminal Court, and the State Court of Bosnia-Herzegovina. Clients have retained me internationally to alongside local counsel in several European countries, as well as Australia and Africa in private legal matters. I also have been appointed by the United Nations to represent persons at the ICTY/IRMCT in addition to being chosen by indigent accused to represent them. Since 2009 my law firm has handled domestic and international cases, including Trial litigation (including Commercial, Premises Liability, Personal Injury, Criminal Defense, and General Litigation), as well as Transactional work (Contracts, Corporate formation, and Real Estate Transactions). I have been honored for my work by my peers who voted for me, and I served as President of the ADC-ICT (the Official Bar Association of Practitioners before the UN ICTY and UN IRMCT in The Hague) previously, and now am serving a term on the Executive Board. I also am elected to serve key roles in the ICCBA (that is the bar association at the International Criminal Court in The Hague). I enjoy helping less experienced practitioners and students evolve and improve. I served as an instructor/lecturer on Oral Advocacy and Trial Practice for the participants of the ADC-ICT & ICLB Mock Trial since 2014, and has presented Advocacy Training lectures for the ADC-ICT on several topics as well as regularly lecturing to visiting University and Bar groups from around the world. If you or a loved one have a legal matter of importance, let's see if I can help you with it!

Justin K. on ContractsCounsel
View Justin
5.0 (7)
Member Since:
September 22, 2022

Justin K.

Freelance Attorney
Free Consultation
Valencia, CA
20 Yrs Experience
Licensed in CA
University of Southern California School of Law

I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.

Ryenne S. on ContractsCounsel
View Ryenne
4.9 (112)
Member Since:
October 10, 2022

Ryenne S.

Principal Attorney
Free Consultation
Chicago, IL
13 Yrs Experience
Licensed in IL
DePaul University College of Law

My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.

Tina T. on ContractsCounsel
View Tina
Member Since:
October 1, 2022

Tina T.

Attorney
Free Consultation
New Mexico
1 Yr Experience
Licensed in NM
Arizona Summit Law School

I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.

Brent W. on ContractsCounsel
View Brent
Member Since:
December 27, 2022

Brent W.

Attorney
Free Consultation
Atlanta, GA
16 Yrs Experience
Licensed in GA
Cumberland School of Law

Brent has been in practice since 2007 and been the principal attorney and owner of The Walker Firm, LLC since 2014. Brent focuses on providing an array of general counsel services to individuals and companies in a variety of industries.

Sarah S. on ContractsCounsel
View Sarah
Member Since:
September 22, 2022

Sarah S.

Attorney
Free Consultation
Oklahoma
3 Yrs Experience
Licensed in OK
University of Tulsa College of Law

I have a background in Criminal Law, Family Law, Contract Law, and Environmental Law. I also have five (5) degrees in the following: Here are my degrees and background: 1) B.S. in Environmental, Soil, and Water Sciences 2) A.S. in Pre-Medical Sciences (anatomy, physiology, medical terminology) 3) A.S. in Aircraft Non-Destructive Inspection (science of x-rays, cracks in metal, liquid penetrant, magnetic particle inspections, ultrasonic inspections, and spectrophotometric oil analysis) 4) Master's in Natural Resources Law Studies (1 year focus in the environmental and pollution laws (Hazardous Waste Laws such as RCRA, CERCLA, FIFRA, Natural Resource laws such as ESA, CWA, CAA, FWPCA, Environmental Law, Sustainable Development, and Global Climate Change issues) 5) Juris Doctor and certificate in Native American Law

James G. on ContractsCounsel
View James
Member Since:
September 22, 2022

James G.

Attorney
Free Consultation
Glendale, Arizona
8 Yrs Experience
Licensed in AZ
Arizona Summit School of Law

I am a lawyer in Glendale, Arizona. I have practiced in contract work including buy/sell agreements, contracts for the purchase of goods and services and real estate. I also practice in bankruptcy law and sports and entertainment law.

Gregory D. on ContractsCounsel
View Gregory
Member Since:
September 30, 2022

Gregory D.

Attorney at Law
Free Consultation
Wake Forest, NC
3 Yrs Experience
Licensed in NC
Norman Adrian Wiggins School of Law at Campbell University

Gregory S. Davis is a native of New York and is a graduate of the Norman Adrian Wiggins School of Law at Campbell University. He also holds an undergraduate degree in Economics from the Wharton School at the University of Pennsylvania and an MBA from Bowie State University. Prior to entering the practice of law, Greg was a Trust officer for one of the largest U.S. Banks, an adjunct professor of finance at Meredith College and a Series 7 licensed financial advisor. Greg is currently the owner of The Law Office of Gregory S. Davis, PLLC (gsdavislaw.com) focusing on Estate Planning, Real Estate and Business Law. Greg is also an adjunct professor of Business Law at Wake Tech.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call