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Abstract

An obscure regulation issued in 1938 and its codification into the law in 1951 as an amendment to the Food, Drug and Cosmetic Act are identified as the pivotal events that have allowed the Food and Drug Administration to restrict public access to non-psychoactive medications approved for human use in the United States. The assumptions of the framers of this legislation are analyzed, and the validity of these assumptions is evaluated. Moral entrepreneurs within the FDA lost faith in the capacity of private companies to serve the medicinal needs of the nation and in the ability of consumers to make informed decisions about medications and appointed physicians as the purchasing agents for consumers. The effects of this decision on the delivery of health care services and on the practice of self-medication in the United States are discussed.

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References

Anderson Oscar

1964 Pioneer Statute: The Pure Food and Drugs Act of 1906. J. Of Public L. 13:189–196.

Bazelon David

1971 Drugs that Turn on the Law. J. of Soc. Issues 27 (3): 47–52.

Becker Howard

1963 Outsiders. Studies in the Sociology of Deviance. New York: The Free Press.

Blake John

(ed.) 1970 Safeguarding the Public; historical aspects of medicinal drug control. Baltimore: Johns Hopkins Press.

Brennan Bruce

1968 The Right to Self-Medication—A Continuing Conflict Between Congressional and Agency Policy. Food, Drug, and Cosmetic Law Journal 23 (Oct.): 487–499.

Brotman

Suffet

1975 The Concept of Prevention and its Limitations. Annals of the Amer. Acad. of Pol. and Soc. Sci. 417 (January): 53–65.

Ferg Bruce

James

F. Morrow

1972 The Crystallization of American Drug Law. Arizona Law Review 14:380–408.

Fink Joseph

1976 Self-Medication. Am. J. of Pharm. (May-June): 90–96.

Freidson Eliot

1970 Profession of Medicine: A Study in the Sociology of Applied Knowledge. New York: Dodd, Mead.

10.

Glass

A. A.

Goodman

K. G.

Hinkley

S. W.

1973 Project Script: A Study of Prescription Fraud Vulnerability. Bureau of Narcotic and Dangerous Drugs, U.S. Department of Justice.

11.

Hopkins Richard

1965 Medical Prescriptions and the Law. A Study of the Enactment of the Durham-Humphrey Amendment to the Federal Food, Drug, and Cosmetic Act. Masters' Thesis, Emory University, Atlanta, Georgia.

12.

Larson Sarfatti

Magali

1977 The Rise of Professionalism. A Sociological Analysis. Berkeley: Univ. of Calif. Press.

13.

Moore

W. E.

Tumin

M. M.

1949 Some Social Functions of Ignorance. American Soc. Rev. 14:787–795.

14.

Myers Maven

Joseph

L. Fink

1976 Legal Considerations in Establishing Third and Fourth Classes of Drug Products. Food, Drug, Cosmetic Law J. 31 (January): 4–10.

15.

Novitch Mark

1974 Self Medication: What's Right, What's Wrong, What's Next. Wisconsin Pharmacy Extension Bulletin 17 (July): 1–3.

16.

Oliver

R. G.

Hetzel

B. S.

1972 Rise and Fall of Suicide Rates in Relation to Availability of Sedatives. Med. J. Aust. 2: 919–923.

17.

Smith Mickey

David

A. Knapp

1976 Pharmacy, Drugs and Medical Care (2nd Ed.). Baltimore: Williams and Wilkins Co.

18.

Susman Ralph

1975 Drug Abuse, Congress and the Fact-Finding Process. The Annals of the Amer. Acad. of Pol. & Soc. Sci. 417 (Jan.): 16–26.

19.

Sykes Gresham

Matza

David

1957 Techniques of Neutralization: A Theory of Delinquency. Amer. Soc. Rev. 22 (Dec): 664–670.

20.

Temin Peter

1980 Taking Your Medicine. Drug Regulation in the United States. Cambridge, Mass.: Harvard University Press.

21.

Tice

L. F.

1976 Patient Package Inserts. Amer. J. of Phar. 148 (Mar.-Apr.): 35–36.

22.

United States v. 62 Packages, More or Less, of Marmola Prescription Tablets 1944 142 Federal Reporter, 2d Series (Circuit Court of Appeals, Seventh Circuit): 107–111.

23.

United States v. El-O-Pathic Pharmacy, et al. 1951 192 Federal Reporter, 2d Series (United States Court of Appeals, Ninth Circuit): 62–80.

24.

United States v. Sullivan 1948 332 U.S. 689.

25.

World Health Organization 1969 Consumption of Drugs: Report on a Symposium, Oslo, November 3–7, 1969. WHO Regional Office for Europe.

26.

Young Harvey

James

1967 The Medical Messiahs. A Social History of Health Quackery in Twentieth-Century America. Princeton, New Jersey: Princeton University Press.

Restricting Access to Non-Psychoactive Medications: Public Health Necessity or Disabling Professional Prerogative?

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