PHARMACIST STEVE

https://www.pharmaciststeve.com/?p=3224 

When the powers to be won’t enforce their own laws

I recently wrote the above post…  part of the response from the AG’s office was as followed…

“Our attorneys have thoroughly reviewed the information you provided for possible legal action.
Unfortunately, there appears to be no violation of Indiana law under the jurisdiction of the Unit.
Although the Office of the Attorney General cannot legally prosecute your complaint, your local
small claims court, law enforcement agency, or county prosecutor may potentially remedy your”

What is not clear about this decision concerning this chain’s policy requiring the prescriber to provide a ICD9 in order for the chain to consider the Rx to be considered a “legally fillable Rx”.. is who made the decision to implement this policy. To the best of my knowledge, it was not a decision that was done at the store level.

Even if this decision was implemented by a Pharmacist, it is not clear if this Pharmacist is licensed in the state(s) where this policy is now in affect. Meaning that the BOP has really no authority over this particular Pharmacist… since he/she is not licensed in the state.

I recently looked up the members on the Indiana BOP and there is one consumer representative – an attorney , One RPH that is part owner in a independent pharmacy which has both retail and a LTCP and the rest of the BOP members are corporate – mostly chain – employees. Many of them, now serving 2-3 consecutive terms.

For those of you who have been unable to have a life outside of juggling metrics… the law profession graduates are in a worse employment than Pharmacists… even to the fact that some graduates are SUING their Alma Mater… here is just one such lawsuit  http://www.760kfmb.com/story/14831984/san-diego-law-school-grad-sues-her-alma-mater-for-50-million

There are a lot of attorneys out there… who have a lot of spare time on their hands  and the AG”s office recommended that I take my complaint to “legal system” to seek remedy…  and guess who a pt would be forced to seek that remedy from… The permit holder???… the PIC??? the staff RPH’s???  Guess who has the deepest pockets and capable of putting  up with largest resistance? Guess who – unless they have personal professional liability insurance – has the most to lose? Guess who is able to sit on the side of road and watch all  of this unravel… because he/she is either not a licensed pharmacist in the state of Indiana and/or not a licensed pharmacist period !

Since this policy is typically involving either ADD/ADHD and/or pain meds… The number of possible charges against the “responsible party” could be numerous… from unprofessional conduct, pt/senior abuse – I don’t think that it would be too much of a push when refusing to fill a Rx would throw a pt into withdrawal and elevated pain levels to prove that one. I am sure that a number of other issues/charges could be brought forward.

The PIC at this particular store, at least in my particular case, is lucky.. because I know that she is not the source of the problem… not everyone will know that .. or bother to find out.. before they try to take some action..

Personally, people can screw with me and I will typically just ignore them… unless they really persist and they really piss me off and they really need to be taught a lesson..  On the other hand, someone messes with my wife, daughter or dog and “papa grizzly” comes out really quick …looking for my style of a “remedy”.

For those of you, who are PIC’s… it is just a matter of time, before some mandate from corporate… puts you in the “cross-hairs” of the wrong person/pt. It won’t be over a mis-fill… it will be for a illegal denial of service.

I have said this before… and I am going to keep saying it… until everyone “gets the message” .. if you are working for a corporation.. you need to carry your own professional liability insurance. It typically cost < $0.40/day… how long does it take you to earn/make $0.40?

Filed under: General Problems