PTCB Certified Pharmacy Technician (PTCE)Federal RequirementsEasy

A patient calls the pharmacy asking about the difference between over-the-counter (OTC) medications and prescription (Rx) medications. Which federal act primarily established the distinction between these two categories of drugs?

  1. AControlled Substances Act (CSA) of 1970
  2. BDurham-Humphrey Amendment of 1951
  3. CFederal Food, Drug, and Cosmetic Act (FDCA) of 1938
  4. DKefauver-Harris Amendment of 1962
Show answer & explanation

Correct answer: B. Durham-Humphrey Amendment of 1951

The Durham-Humphrey Amendment of 1951 specifically established the criteria for distinguishing prescription drugs from over-the-counter (OTC) drugs, making it illegal to dispense prescription drugs without a prescription.

Why the other options are wrong

  • A. The CSA regulates controlled substances, not the general Rx vs. OTC distinction.
  • C. The FDCA established FDA authority but didn't clearly define Rx vs. OTC.
  • D. The Kefauver-Harris Amendment focused on drug efficacy and safety, not Rx vs. OTC classification.

Durham-Humphrey Amendment (1951)

The Durham-Humphrey Amendment of 1951 is a federal law that established the distinction between prescription (legend) drugs and over-the-counter (OTC) drugs, requiring a prescription for drugs that are habit-forming, unsafe for self-medication, or new drugs not yet proven safe for OTC use.

  • Defined Rx vs. OTC categories.
  • Required 'Rx only' label for prescription drugs.
  • Made oral prescriptions and refills legal.

Memory trick: Durham-Humphrey: Differentiated Drugs, Humphrey's Rx is for Me!

More Federal Requirements questions