Purpose of this blog

The aim of this blog is to make easier the access of the information related to the Argentine Pharmaceutical Legislation. I hope that in this way, pharmacists from different cultures could share their opinions and work.

The pharmacists of the future

The pharmacists of the future
Proffesor Cocca' students

Pushing drugs


jueves, 24 de mayo de 2007

University Professor by Eduardo Marcelo Cocca (*)

We must have in sure if we want an artisan university education, amateur, or an education into the hands of true professionals in fact and of right, as it corresponds and we deserve ourselves, and mainly in a serious country in, where it must reign over all the State of Right, to all we must prohang so that its exercise, is not an expression of desires, but a reality, to which all without no doubt we aspired.
The habitual thing, as much in universities you publish like private and with the consent of its authorities, Professors Universitarios, they are only in fact, they hold a degree race as much and they as the authorities, consider sufficient merit to qualify them like professors, in open contradiction with the laws that regulate the exercise of the profession, L.E.S. Art. 36, Penal Code, etc.
From a strictly legal point of view we are as opposed to a flagrant violation of the law, penal crimes including, I believe that it is not necessary to remember that all citizen has obligation to know the law, nor that to say if he is lawyers.
Displeased and gladly as much you participate necessary, like authorities that they name in these positions, are incursas in crime, to remember CP, when it says that that it designates to us somebody without I title sufficient, we can close the eyes or to watch for another side, as we have done until now, but later nonos we complain the results or we look for expiatorios chivos in the secondary school, when the true problem, nucleus of this question is the same university, that sure handled by amateurs and nontrue professionals, titleholders the results cannot be other that those that they are exhibited, lamentably.
The National State, through Ministry of Education grants as it corresponds, authorization to different universities you publish and private, the permission for the postgraduate of Professor Universitario and later granting of I title corresponding, after attended and approved curricula it specifies of the race.
However, the great majority of the professionals who exert like educational college students, except for rare exceptions, lacks I title of Professor Universitario.
Professor Universitario, when this in class in front of the pupils, not this in quality of lawyer, judge, doctor, engineer, etc., but acting as and carrying out the roll of Professor Universitario, and for which and he falls of mature which its race of degree is not sufficient for the professional exercise like Professor Universitario, as marks to the common sense and the regulations to it of the laws.
Prime facie, these professionals, without I title of Professor Universitario, would be reached about the Art. 246. - inc.1. - Usurpation of Titles. - of the Penal Code, that says: the one that exerted or will assume functions you publish without I title. - Art., 247. - According to law 24527. - Usurpation of Titles, - Penal Code. - that says: the one that it will exert own acts of a profession ......, without having I title ...... and soon it says: the one that arrogare academic degrees, professional titles or honors that will not correspond to him. The law of Superior Education N* 24521, Art. 36, say to us: the educational ones of all the categories must have I title equal college student of or superior level to that in which they exert teaching ........., that is that if they exert like Professor Universitario, as taxativamente marks the law to it, must have I title of Professor Universitario, in addition to I title of the degree race that qualifies it in the specialty.
The universities grant I title of Professor Titular, Associate, Associate or Head of Practical Works. Him memory although seems a truth of Perogrullo, to accede to I title of Professor Universitario, is necessary to attend and to approve certain curricula. The law of Superior Education, that the one that norm, contains and gives legal frame to the universities, nor even in the paragraph referred to the university autonomy, says nowhere that these can name any professional with I title insufficient like Professor Universitario.
From the point of view of the Right, we suppose that somebody that exerts the profession of Lawyer, but does not know that it is the Civil Code, nor that it was Vélez Sarsfield, with complete certainty no lawyer would accept this situation, nevertheless most of Professors Universitarios (in fact), they do not know whom was Amos Comenius, nor whom to say of its “Magna Didactics”, or even but in our days, the colleague Abogado and Pedagogo Paulo Freire, perhaps but the important one in the history of the Latin American education, with his text celebrates” the Pedagogía of the Pressed one ".
Professor Universitario, has the prevailing obligation to know, perfectly and deeply, didactic currents, so that in agreement with his loyal one to know and to understand, and after all the pertinent analyses, they will enlist themselves in the conductista current, humanist, mixed constructivista or, or even some personal elaboration based on knowledge that the specialists elaborated day to day, for those to which really he concerns the university education to us we water.
The same he happens to as it is the education methodology, which we will apply with the pupils, will be linear, concentric or espiralada, the handling of anyone of these techniques, must be something so habitual for the true professional, who fulfills the roll of Professor Universitario, like speaking or writing for anyone of us.
The exposed thing until here, does not get to be nor the end of iceberg.
Then gentlemen of once `by all to arrived moment to put us trousers long, and that we assume like cannot be of another way, that cannot be exerted a profession, nor to be a professional of the same one without I title habilitarte.
Like colofón and to leave obviously demonstrated all the exposed one up to here, we say that every month we received alms, to which the universities call pays, and the remunerations are for Junior instructor, jtp, associate, associated or to title, I insist to anyone of these categories arrived by a magical varita that inmerecidamente I inmerecidamente designate them against of all the laws of the sector I even reiterate the Penal Code, that in this case do not act its as preventive like would have and all we are waiting for the unrestricted fulfillment of the norm Would be desirable, that the competent authorities and giving a term of 24 or 36 months, so that present Professors Universitarios in fact, become Professors Universitarios in fact and of right, for own pride and of all the educative community.
Subjects to debate Professors Right Universitarios in fact or in fact and of Professors Professional Universitarios of the education or amateurs of the university education
Bibliography Law of Superior Education Nro. 24521 Argentine Penal Code
(*) Solicitor, Lawyer and Professor Universitario.Docente with the position of Head of Practical Works, during 24 months, in the Faculty of Right of the Hill University of Zamora, in chair the Social and Right Latin American Reality. Educational in the Faculty of Right, the Maimonides University, in the chair of Enterprise Right (Straight Constitutional direction). Educational in charge of the chairs “Economy and Legislation “and Exercise and Pharmaceutical Administration” in the University Kennedy. Educational of Legislation and Customs Practice in the University Kennedy. Educational of Administrative Right in the University Kennedy. Professor Adjunto, of Political Economy, in the race of Law of the Inter-American Open University. Professor of Legal Aspects of Computer science, the Lic. in Computer science Systems, the University Kennedy. Professor Universitario, withdrawn like so, of the University Teaching staff of the Maimonides University. Colegiado, registered in the School I publish of Lawyers of the Federal Capital (Volume 74; Folio 0976) and in the Federal Camera De Apelaciones of the Silver (Supreme Court of Justice of the Nation), (Volume 201; Folio 795)
Personal page Prof. Cocca

viernes, 11 de mayo de 2007

Result of the ABC News '20/20' Undercover Pharmacy Investigation (Rhonda Schwartz and Avni Patel Report)

For the last two months, a team of "20/20" producers fanned out across four states to conduct an undercover field test of prescription dispensing at the country's best known chain drug stores.
They found that in more than one in five cases, chain pharmacies made some type of error in filling their prescriptions.
"The results confirm our worst fears," said Dr. Ken Barker of Auburn University School of Pharmacy, one of the country's leading experts in studying pharmacy error rates. "There really is a problem out there."
The ABC test was designed and supervised by Auburn's Dr. Betsy Flynn, a specialist in studying errors in neighborhood pharmacies who designed a similar undercover test for ABC News over a decade ago.
"The 22 percent error rate found in the study was unacceptable," said Flynn, who expressed her "surprise and disappointment" that "despite all of the implementation of technology over the past 12 years, the error rate was similar to the previous study."
While in no case were ABC's producers given the wrong medication, there were a variety of dispensing errors found -- too many or too few pills, faulty and missing instructions on the labeling, even a failure to put a child proof cap on a powerful medicine for bi-polar disorder.
But perhaps the most important finding of the undercover test was a dramatic reduction in time spent on patient counseling by pharmacists.
Despite federal and state laws that require pharmacists to provide counseling to customers picking up new medications, patient counseling was only offered in 27 out of 100 purchases of new prescriptions, less than a third, in the ABC-Auburn Study.
Particularly alarming to the Auburn experts was the chain pharmacies' failure to warn patients of potentially harmful interactions when they purchased certain over-the-counter medications, such as adult strength aspirin with Coumadin, a blood thinner. In only eight cases out of 25 were the customers given a verbal warning.
Finally, the study revealed that some pharmacies appear to be misleading customers into signing away their right to patient counseling.
Although the ABC producers paid with cash and no insurance was involved, in most cases they were still asked to sign at the pharmacy counter to pick up their prescriptions. But with only a few exceptions, our producers were never told they were signing forms that also included language to waive the legal right to counseling with a pharmacist.
"They're deceiving the patient about what they're really signing," said Bruce Berger, a department head at Auburn's pharmacy school who says the pharmacy personnel at the counter may not know it, but they are in effect, undercutting the law.
You can read a full summary prepared by Dr. Betsy Flynn of the design and results of the Auburn University – ABC News Pharmacy Study by clicking here.

Pharmaceutical Practice

The Pharmaceutical Practice includes:

1) To be the technical director responsible for the functioning of the office of a Pharmacy, as well as of the Pharmaceutical Industry and of the Cosmetic Industry.
2) To be responsible for the head offices of sterilization of the welfare centers.

3) To establish the technical, hygienic and safety specifications that there must assemble the ambiences in which the technological processes are realized.

4) To integrate the technical personnel of production, control and development in Pharmacies, Pharmaceutical Industries, Food and Cosmetics and laboratories or institutes related or linked with the same ones.

5) To extract, to isolate, to admit, to identify and to preserve medicines and natural nutrients of animal, vegetable and mineral origin.

6) To synthesize drugs, to prepare and to expend medicines destined for the healing, mitigation, prevention or diagnosis of the illnesses of the living beings.

7) To control the quality in which is related to production of medicines, food and cosmetics, as for the raw materials, intermediate and final products in his physical, chemical, biological and/or pharmacological aspects.

8) To exercise the laboratory direction of analysis of drugs and medicines.

9) To realize pharmacological studies carried out in biological outlying systems or in living beings.

10) To intervene in the establishment of norms, standards of raw materials and imported drugs or to export, related to medicine, food and cosmetics.

11) To intervene in the writing of the National Form of the Pharmacopeia and of the Codes and Food Regulations.

12) To realize the functions paramedics authorized by the sanitary Legislation (the first help, injections, etc.).
PROFESSIONAL RESPONSIBILITY : Obligation of a person who exercises the art of recovering of answering before the justice for the damages caused by the exercise of the profession. This one arises from the illegitimate exercise (crime). Crime: Typical anti-juridical guilty action. They are committed by action or by omission.
The crime can qualify in:
Fraudulent: The Fraud consists of the trick or frame-up that is used to induce someone to celebrate a juridical act. One speaks about direct fraud when the subject has the intention of damaging and of indirect or possible fraud, when it does not have intention of damaging but a harmful result has been represented.
Guilty: Without intention of damage. It is divided in:
Negligence: it is when the subject omits the necessary leaderships, or it does not take the necessary collections.
Unskillfulness: it is when the subject is not capable of realizing what it is doing.
Imprudence: it is when the subject acts hurriedly or helter-skelter, without taking into account the consequences.
The responsibility produced before a crime qualifies in:
· Civil: answering with him patrimony.
· Administrative: fines, confiscation of goods, disqualifications, suspensions.
· Penalty: exclusive sorrow of the freedom

domingo, 6 de mayo de 2007

Definitions to take into account

PERSON : A person, in the real and ideal sense of the concept is someone with: CODES, HONOR, DIGNITY and FEELINGS.

RIGHT : Set of norms that govern the human conduct in coexistence. It arises from a human group that needs a form to organize itself (nation). The right is heterologeus, since it is an external authority the one that applies the sanction to the individual in case of breach of a norm. The National Constitution contains the set of rights which organizes a society and which grants a democratic and federal structure. It is considered superior law.
The right can be classified in:
* Objective: norms which governs the social coexistence.
* Subjective: protection that offers the set of norms to an individual in exclusive and excluding way.. Example: right to life, health, integrity.

MORAL : Set of autoimposed norms that do not take sanction as a law. Every individual chooses the moral principle to which it is going to limit its own conduct. It is what provokes the autonomy.
The " moral sanction " arises from the population and not from the state.

LAW : The law comes from the legislature, begins in the camera of senators or of deputies, and it is discussed, sanctioned, promulgated and published. It can be classified according to :
Formal or Strict: Sanctioned by the Legislature following the procedure of sanction and promulgation of the laws established in the National Constitution. Example: Penal, Civil, Commercial code, Laws of defense of the consumer, etc.
Material or Wide: Any juridical norm come from authority.

Abolition : A law can be repealed only by another law. It can be qualified in:
1) Expressed : when it is realized by another juridical norm of the same nature.
2) Tacit : when there is a new juridical norm that speaks about the same: When a law falls down in desuetude. This one alone will become express when there is modified the code to which it belongs.

1st - Table of Entry
2nd - Court of the First Instance (Low Courts): It is the place where the judgment begins. It is individual (only one judge).
3rd - Top Court of Appeals (Chamber or of 2nd Instance): It is the court of higher hierarchy in the republic. So that it comes to the Supreme Court constitutional guarantees had been violated. 4th - Supreme Court: formed by nine members.

sábado, 28 de abril de 2007

History of Argentine Pharmacy (from Francisco Cignoli)

According to the dictionary, the word pharmacy referrs to the science and the practice of this science but not the place were medicines are preparated or expended (called Botica in spanish, I really don't know how to say it in english). So, the "boticario" prepares and expends medicines while the pharmacist profess and excercise the pharmacy.
In the colonial Buenos Aires there weren't pharmacies but "boticas".
The first doctors which came to this part of America prepared the medicines on their own. In the records of January 24th 1605, the Buenos Aires Cabildo stated that the first surgeon, sir Manuel Alvarez, asked to be paid four hundred pesos per year and adittionally the amount due to the medicines and ointments which were administrated to the population. In 1770 Sir Agustín Pica, asked to the Cabildo autorization to practice as a "boticario" in Buenos Aires. As Buenos Aires didn´t count with Protomedicato, the Cabildo was the one in charge of the validation of the titles and precedents of the doctors, surgeons, "boticarios", as long as of the control of their practice and instalation.
In 1782, in the virreinato of the Provincias del Río de la Plata, there were 31 "boticas" and 4 first-aid kits, from them 16 "boticas" and 3 first-aid kits were in Argentina and they were distributed in the following way:
Boticas: 9 in Buenos Aires; 4 inCórdoba; 2 in Salta and 1 in Tucumán
First-aid kits: 2 in Mendoza and 1 in Jujuy.
When the Protomedicato was created, it was in charge of the supplying of pharmacy articles to all the "boticas" of the country. Some years later, in1782, Francisco Marull was named as the pharmacy supplier and then, it was Narciso Marull who occupied this position until 1809.
So, drugs were imported from Spain but all type of trees and plants were exported from America.
It is important to mention Pharmacy The Star, the oldest in the city been founded in 1834 and being in their current ubication from 1885, which was visited in diverse occasions by big personalities of the national politics as Bartolomé Mitre, Bernardino Rivadavia among others.