Legal and Ethica Considerations

In: Business and Management

Submitted By Majawa
Words 2708
Pages 11
LEG500, Law, Ethics, and Corporate Governance
Strayer University LEG500

13
Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property
PharmaCare, week10 Assignment

LEG500, Law, Ethics, and Corporate Governance
Strayer University LEG500

13
Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property
PharmaCare, week10 Assignment

Review of PharmaCARE/CompCARE
To first establish whom each entity is; PharmaCare is one of the world’s most successful pharmaceutical companies. A compassionate, decent well operated business that manufactured high-quality goods that saved millions of lives and increased the condition of life for millions of others. PharmaCare designed a top-selling diabetic medication that could have reduced the progression of Alzheimer’s disease; their pharmacist began reformulating the drug to increase the effect. CompCARE came into being in order to steer clear of FDA investigation; PharmaCARE created a wholly owned establishment, CompCARE, to function as a compounding pharmacy to sell the new creation to people on a prescription basis. CompCARE set up business in an upscale administrative center near its main corporate office, and to conserve money and time, did a quick, low cost makeover and appointed a man by the name of Allen Jones to run the operations’ clean room. * Research three to five ethical issues relating to marketing and advertising, intellectual property, and regulations of product safety.
Ethics and Corporate Responsibility in the Work Place and the World distinguishes the stakeholders of an organization and who are accountable of the organization. The consequence of the decisions reached by management are examined and answered. The expertise to make modifications to support a more ethical work environment, enhance operations and turn a revenue are clarified…...

Similar Documents

Legal Considerations in Nursing

...SEMINAR ON LEGAL CONSIDERATIONS Submitted by, TANIA M. JAMES Submitted on, 01- 11-2012 INDEX S.NO | TOPICS | PAGE.NO | 1. | OBJECTIVES | | 2 | INTRODUCTION | | 3 | DEFINITION OF LAW | | 4. | SOURCES OF LAW | | 5 | TYPES OF LAW | | 6 | SELECTED CATEGORIES OF LAW AFFECTING NURSES | | 7 | SELECTED LEGAL ASPECTS OF NURSING PRACTICE | | | COMPONENTS AND CHARACTERISTICS OF THE LEGAL PROCESS | | 8 | LEGAL PROTECTIONS IN NURSING PRACTICE | | 9 | | | 10 | NURSING PRACTICE AND THE LAW | | 11 | LEGAL ISSUES IN PRACTICE | | 12 | NURSE–CLIENT RELATIONSHIP | | 13 | LEGAL ROLES OF NURSES | | | SUMMARY | | | CONCLUSION | | | RESEARCH ABSTRACT | | 14 | BIBLIOGRAPHY | | OBJECTIVES * To introduce legal considerations * To define law * To understand sources of law * To list out the types of law * To explain the selected legal aspects of nursing practice * To understand the components and characteristics of the legal process * To explain the regulation of nursing practice * To enumerate standards of nursing care * To describeselected legal aspects of nursing practice * To explainlegal protections in nursing practice * To describe nursing practice and the law * To describe legal issues in practice * To explain nurse–client relationship * To list out the guidelines for safe nursing practice * To......

Words: 5480 - Pages: 22

Legal and Ethical Consideration in Healthcare

...Legal and Ethical Consideration in Healthcare A1. Addendum Addendum: Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is......

Words: 1077 - Pages: 5

Legal and Ethical Considerations

...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Kellie L. Plowden LEG 500 Doris Mitchell December 12, 2013 Everyone knows that direct- to consumer-marketing is focused on the patients. There are a lot of ways to get the attention of these patients. Advertising can be done through social media, print, radio, television, and word of mouth. “Prescription direct-to-consumer advertising has become a highly scrutinized and researched topic in healthcare marketing,” (Rollins, B.L., King, K. Zinkhan G., & Perri, M., 2011.). Banning direct-to-consumer would be very beneficial. The reason is because of the misconception and manipulation that it can cause the public. Especially when the elderly began focusing on what is being said. “The PhRMA “Guiding Principles” say that DTC ads should foster responsible communications between patients and health care professionals to help patients achieve better health.” (Stange, K.C., 2007). However, manipulating the public by distributing placebos to one group of people and the actual drug to another group of people is a bad way of communication. People who are on the state boards regulate compounding but the federal also has a part in it. According to Roth, “The FDA’s Office of Criminal Investigations (OCI) is working to monitor the schemes that have been going on with the compounding pharmacies.” Even though the FDA is aware of how law resources are needed, and how to direct the compounding...

Words: 2085 - Pages: 9

Legal & Ethical Considerations

...Legal & Ethical Considerations In an economy that is constantly changing, and demand continually rising, companies need to be aware of their legal and ethical obligations to their consumers. Companies are liable in making sure their products are as safe as possible and an obligation to report any dangers that might exist. Product liability, “Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Products containing inherent defects that cause harm to a consumer of the product, or someone to whom the product was loaned, given, etc., are the subjects of products liability suits.” If companies act in an ethical manner, consumers can find recalls, due to product liability, on the US Consumer Product Safety Commissions. The US Consumer Product Safety Commission has recall reports on a daily basis from an array of different companies. Some of the current recalls are Bosch security systems because of fire alarm failure, RSI, a medicine cabinets exclusively sold at The Home Depot because of possible hazard due to the mirror or its back panel possibly separating or falling out, and Under Armour, for a possible choking hazards in their infant sports jersey kit. All these companies made the correct decision in......

Words: 579 - Pages: 3

Legal and Ethical Consideration in Marketing

...power to promote unsafe behavior” (Chandran, 1979). Advertising indirectly contributes to the problem of consumer product safety. “Advertisers and advertising agencies should therefore do more to educate consumers in a safe and prudent use of products that are potentially hazardous for several reasons” (Chandran, 1979). There should be some guidelines for product safety in adverting policies. The National Advertising Review Board presented its findings, and gave some positive ideas that will influence the safety behavior of consumers. Manufacturers are liable when a product has a defective condition that makes it “unreasonably dangerous to the user or consumer” (Halbert, 2012). This is referred to as strict liability according to the legal definition in Halbert. Rajan Chandran, Associated Professor of Marketing in the Graduate School of Business Administration at Temple University wrote an excellent article on product safety. (Chandran, 1979). According to Chandran, advertising fails to promote safety, and he gives some insights into product safety principles. He suggests working closely with private and public groups such as, Nation Safety Council, the Bureau of Product Safety and the Consumer Product Safety Commission. Companies who advertise products must be aware of their responsibility to the consumer. “Advertising ethics concerns the practice of our lives, and also the practice of business, in subtle and noticeable ways. Advertising ethics concerns......

Words: 2321 - Pages: 10

Legal and Ethical Consideration in Marketing

...power to promote unsafe behavior” (Chandran, 1979). Advertising indirectly contributes to the problem of consumer product safety. “Advertisers and advertising agencies should therefore do more to educate consumers in a safe and prudent use of products that are potentially hazardous for several reasons” (Chandran, 1979). There should be some guidelines for product safety in adverting policies. The National Advertising Review Board presented its findings, and gave some positive ideas that will influence the safety behavior of consumers. Manufacturers are liable when a product has a defective condition that makes it “unreasonably dangerous to the user or consumer” (Halbert, 2012). This is referred to as strict liability according to the legal definition in Halbert. Rajan Chandran, Associated Professor of Marketing in the Graduate School of Business Administration at Temple University wrote an excellent article on product safety. (Chandran, 1979). According to Chandran, advertising fails to promote safety, and he gives some insights into product safety principles. He suggests working closely with private and public groups such as, Nation Safety Council, the Bureau of Product Safety and the Consumer Product Safety Commission. Companies who advertise products must be aware of their responsibility to the consumer. “Advertising ethics concerns the practice of our lives, and also the practice of business, in subtle and noticeable ways. Advertising ethics concerns......

Words: 2321 - Pages: 10

Legal and Ethical Considerations in Employment Selection

...Legal and Ethical Considerations in Employment Selection Cardinal Stritch University Cathy Carew Instructor John Koehler MGT-445 Human Resource Management II July 25, 2013 Legal and Ethical Considerations in Employment Selection Organizations use screening tools such as assessment tests, medical tests and drug testing to effectively find applicants or current employees that are best qualified for a particular job. There are legal and ethical considerations that need to be applied when using any type of assessment test, or medical and drug testing; the selection process should follow federal employment laws, show reliability and validity, exclude bias, as well as protect the test taker’s individual rights and security of information. Assessment tools that are used by employers to make hiring decisions must follow professional and legal principals. Employment laws and regulations disallow discrimination and give equal employment opportunities for all. The U.S. Department of Labor Employment and Training Administration created an assessment guide for organizations to use as a guide in the employment selection process. In the assessment guide Title VII of the Civil Rights Act of 1964 and the Tower Amendment to Title VII state that professionally developed workplace tests can be used to make employment decisions only if the test does not discriminate against any one particular group (U.S. Department of Labor Employment and Training Administration, 1999). ...

Words: 1108 - Pages: 5

Ethical and Legal Considerations in Pre-Employment Testing

...WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? WHAT ARE ETHICAL AND LEGAL CONSIDERATIONS IN PRE-EMPLOYMENT TESTING? There are many ethical and legal considerations to take into account when employers conduct pre-employment testing. Prior to implementing a testing program, employers would be wise to seek legal advice to confirm that the testing will not violate any employment or EEOC laws. It is important that tests be reviewed by professionals for reliability and validity to ensure that the characteristics and skills being tested are relative to the job’s essential functions and to be sure that the test is not conducive to bias and/or creating an adverse impact on any class of applicant. Any applicant taking a pre-employment test has the right to privacy and feedback under the American Psychological Association’s (APA) standard for educational and psychological testing. This particular list of rights is not legally enforceable, but the items on the list are ethical considerations of which employers who wish to be viewed as reputable and credible should be aware. These ethical considerations from the APA state that applicants who take pre-employment tests should be able to expect the following rights: * The right to the confidentiality of test results. * The right to informed consent regarding use of these results. * The right to expect that only people qualified to interpret the scores will have access to them, or that......

Words: 611 - Pages: 3

Legal and Ethical Considerations in Marketing

...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Amanda Terry Professor: Dr. Michael Hanners LEG 500- Law, Ethics, and Corporate Governance March 12, 2015 Introduction John, a former research employee at PharmaCare pharmaceuticals, asked my law firm to represent him as a client. He expressed his concerns about his involvement with PharmaCare’s top-selling drug AD23. John and his team of pharmacists discovered that the drug could slow down the progression of Alzheimer’s. Therefore, his team reformulating the drug to maximize the effect of the drug without the approval from Federal and Drug Administration. In this paper, I will evaluate three ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety, as well as, analyze whether PharmaCare violated any of the issues in questions. I will argue the pros and cons of Direct-to-Consumer (DTC) Marketing by drug companies. I will determine which parties were responsible for regulating compounding pharmacies under the current regulatory scheme. Also, the actions that either party, or the FDA could/ should have taken in this scenario; whether PharmaCare could face legal exposure surrounding its practices. I will analyze whether or not the PharmaCare used U.S. Law to protect its own intellectual property, and if John (the client) has any claim of being the true “inventor” of AD23. I will present at least three ways the company......

Words: 3335 - Pages: 14

Legal Considerations

...Legal and Ethical Considerations By Jennifer Farlow Mar 18, 2015 LEG 500 I. Intellectual Property is the work product of the human mind. Novels, paintings, computer programs, songs, and inventions are all examples. IP differs from other kinds of property in several ways. While often expensive and time consuming to generate, intellectual property can be quickly and easily copied. The legal framework that protects intellectual property has evolved over the years, as lawmakers have sought to promote commercial progress and enrich culture by rewarding inventors and creative people for their efforts. A person can create an original work fixed on a physical medium; the work automatically becomes the copyright owner. Copyright ownership, operation specific work in specific ways to the owner of an exclusive right to the use of data. This paper will discuss intellectual property and the ethical and legal restraints in respect to marketing and advertising (book citation). II. Various surveys conducted from 1990 with the most important ethical problems faced by businesses are to determine what are these problems. Armstrong (1990) in a study conducted by the Australian international business managers was asked to indicate the most serious ethical problems such as corruption, cultural differences, pricing practices, gifts and nonconforming products. From Advertisements undisputed impact on the community is increasing day by day. The advertisements aim to influence......

Words: 1166 - Pages: 5

Legal and Ethica Considerations

...LEG500, Law, Ethics, and Corporate Governance Strayer University LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment LEG500, Law, Ethics, and Corporate Governance Strayer University LEG500 13 Legal and Ethical Considerations in Marketing, Product Safety and Intellectual Property PharmaCare, week10 Assignment Review of PharmaCARE/CompCARE To first establish whom each entity is; PharmaCare is one of the world’s most successful pharmaceutical companies. A compassionate, decent well operated business that manufactured high-quality goods that saved millions of lives and increased the condition of life for millions of others. PharmaCare designed a top-selling diabetic medication that could have reduced the progression of Alzheimer’s disease; their pharmacist began reformulating the drug to increase the effect. CompCARE came into being in order to steer clear of FDA investigation; PharmaCARE created a wholly owned establishment, CompCARE, to function as a compounding pharmacy to sell the new creation to people on a prescription basis. CompCARE set up business in an upscale administrative center near its main corporate office, and to conserve money and time, did a quick, low cost makeover and appointed a man by the name of Allen Jones to run the operations’ clean room. * Research three to five ethical issues relating to marketing and advertising, intellectual property, and......

Words: 2708 - Pages: 11

Leg 500 Assignment 4 Legal and Ethical Considerations

...LEG 500 ASSIGNMENT 4 LEGAL AND ETHICAL CONSIDERATIONS To purchase this visit here: http://www.activitymode.com/product/leg-500-assignment-4-legal-and-ethical-considerations/ Contact us at: SUPPORT@ACTIVITYMODE.COM LEG 500 ASSIGNMENT 4 LEGAL AND ETHICAL CONSIDERATIONS LEG 500 Assignment 4 - Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Write a ten to twelve (10-12) page paper in which you: 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety. 2. Argue for or against Direct-to-Consumer (DTC) marketing by drug companies. 3. Determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies. 4. Decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with: a. Utilitarianism b. Deontology c. Virtue ethics d. Ethics of care e. Your own moral / ethical compass 5. Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia. 6. Suggest at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment. More Details hidden... Activity mode aims to...

Words: 507 - Pages: 3

Legal and Ethical Considerations in Marketing, Product Safety, and Ip

...Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Due Week 9 and worth 300 points You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation. CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for......

Words: 660 - Pages: 3

Legal and Ethical Considerations in Marketing, Product Safety and Ip

...Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Due Week 9 and worth 300 points You are a new associate at the law firm of Dewey, Chetum, and Howe. John, a former researcher at PharmaCARE, comes to your office. He has concerns about PharmaCARE’s use of AD23, one of the company’s top-selling diabetes drugs. Two (2) years ago, after PharmaCARE’s research indicated that AD23 might also slow the progression of Alzheimer’s disease, John and his team of pharmacists began reformulating the drug to maximize that effect. In order to avoid the Food and Drug Administration’s (FDA) scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE established itself in a suburban office park near its parent’s headquarters. To conserve money and time, CompCARE did a quick, low-cost renovation. CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and Veterans Affairs patients. Seeing the opportunity to realize even more profit, CompCARE began advertising AD23 directly to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not permitted to sell drugs in bulk for......

Words: 660 - Pages: 3

Ethical and Legal Considerations Paper

...Ethical and Legal Considerations Paper The ethical considerations that I believe you need to consider is if the test is a fair test. For example, if you administer a test that only is going to let one type of person through you are limiting the position to the point where it could be unfair for the candidates and limits the possibilities of people you will get. Another ethical thing you need to consider is the information you are trying to receive. If you were to administer a personality test because the last person you had didn’t mesh well with your team that isn’t very ethical. There are several legal considerations that you must consider. First you need to decide if the test you are giving is valid for the position you are giving it for. For example, it is valid to give a basic math test to someone that is applying for a bank position, or a typing test to a person applying for a data entry position. However, it wouldn’t be valid to give a switch them up by giving the basic math test to the data entry person because math skills do not apply to data entry so to do this would be against the law. Another thing one must do is if you decide to test for something valid you must give the test to every applicant that has made it to this step in the application process. If you do not you open yourself to a lawsuit for discrimination. For example, if you are giving swim tests for a lifeguard position you cannot just test someone because you think that they looks like they......

Words: 590 - Pages: 3