Rhode Island Multistate Pharmacy Jurisprudence (MPJE) Practice Exam

If a pharmacist dispenses a prescription without authorization, what legal issue arises?

1. Negligence

2. Misdemeanor

3. Misbranding

4. Fraud

The correct answer is: Misbranding

When a pharmacist dispenses a prescription without authorization, the legal issue that arises is primarily misbranding. Misbranding refers to the improper labeling or dispensing of a drug, which can occur if the drug is dispensed without a valid prescription or if the prescription lacks necessary information. In the context of pharmacy law, misbranding is a serious concern because it can lead to significant health risks for patients and undermine the regulatory frameworks designed to ensure medication safety. Dispensing without proper authorization could lead to confusion about the medication's prescribed use, dosage, or indications, which can cause harm to the patient or public health in general. Misbranding violations can also lead to legal repercussions for the pharmacist, including potential civil penalties or disciplinary actions by the pharmacy board. While negligence, misdemeanor, and fraud also have implications in the context of pharmacy practice, they do not directly address the specific issue of dispensing a prescription without authorization in the same way misbranding does. Negligence would apply if the pharmacist failed to act as a reasonably competent pharmacist, a broader concept, while misdemeanor and fraud pertain to specific criminal offenses that might not directly result from the act of unauthorized dispensing alone.