CIRCULATION OF DRUGS AS AN OBJECT OF LEGAL PROTECTION UNDER THE LEGISLATION OF TEXAS (USA)

Анотація

Introduction. Texas is an economically powerful region of the United States, where the circulation of drugs is subject to legal protection, strictly regulated by both federal and state legislation. Such protection is aimed at carefully monitoring each stage of the drug supply chain to the end consumer to ensure the safety and effectiveness of drugs. Aim. The article aims to clarify the features of drug circulation as an object of legal protection under the legislation of Texas (USA) and to determine the relationship between the norms of federal legislation regulating such circulation and the norms of the legislation of Texas. Materials and methods. This research is based on US law, which belongs to the common law system. The Constitution of the United States and the United States Code, including the Federal Food, Drug and Cosmetic Act (1938), were analyzed as guiding provisions on the basis of which the legal protection of drug circulation is carried out at the federal level; in Texas, the Texas Health and Safety Code and the Texas Professions Code were researched. The following research methods were used: dialectical, hermeneutic, comparative, analytical, and systems analysis. Results. The circulation of drugs in Texas (USA) is an object of legal protection and has its own specifics since the USA is a federation and federal regulations have priority over the regulations of individual states. Therefore, the provisions of the Federal Food, Drug and Cosmetic Act (1938) and other federal laws are guidelines for Texas. Conclusions. Legal protection of drug circulation in Texas is carried out by clearly defining the scope of rights and obligations of the subjects of such circulation, non-compliance or violation of which entails legal liability (more often - civil, less often - criminal). The obligations of the subjects of drug circulation in Texas, as in the rest of the USA, are focused on preventing the entry into commerce of falsified or misbranded drugs, compliance with the rules of drug marketing, prevention of possible healthcare fraud (for example, Medicare fraud), ensuring intellectual property rights, etc.

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