http://www.dhp.virginia.gov/Pharmacy/newsletters/2013/VA022013.pdf
During the June 2012 full Board meeting, the Board expressed concern for several identified contemporary practices such as the advertising of a guarantee for how quickly prescriptions will be dispensed, or corporate production quotas regarding prescription dispensing or immunization administration. However, the Board determined that there was insufficient evidence proving that the identified practices can or have created patient harm. Such evidence is legally necessary for the promulgation of regulation. Therefore, the Board voted to encourage pharmacists to submit evidence to the Board when contemporary pharmacy practices can or have created patient harm and remind everyone of the following relevant sections of 54.1-3434 and Regulation 18VAC110-20-110 B:
♦♦ The pharmacist who signs the pharmacy permit application is in full and actual charge of the pharmacy
♦If the owner is not a pharmacist, he or she shall not abridge the authority of the pharmacist-in-charge (PIC) to exercise professional judgment relating to the dispensing of drugs.
♦♦The PIC or pharmacist on duty shall control all aspects of the practice of pharmacy, and any decision overriding such control shall be deemed the practice of pharmacy and may be grounds for disciplinary action against the pharmacy permit. Evidence of possible patient harm resulting from contemporary pharmacy practice or any violation of law, to include 54.1-3434 and Regulation 18VAC110-20-110 B, may be submitted to the Virginia Department of Health Professions, Enforcement Division by following the directions for “How to file a Complaint” found at www.dhp.virginia.gov/Enforcement/complaints.htm.
It may be just a coincidence , but Jan,2012 The Pharmacy Alliance send a email to the 51 BOP’s https://www.pharmaciststeve.com/?p=457
asking them to consider 9 points that we considered patient safety issues in the Rx dept work environment.
and a TPA member (Pricilla Gale) attended a VA BOP meeting to make a in-person presentation and answer any questions.
While all ten of our suggestions were not brought forward.. these issue before the VA BOP are the same/similar to the ones raised by the TPA…
The VA BOP has put it out there… they are asking the RPH’s in VA.. to bring them evidence of what all of us know is going on.. “doing more with less” year after year.
If the BOP fails to promulgate these regulations… because no evidence was submitted that they have asked for… no one will have any sympathy when you keep whining/bitching/moaning about your work environment and how you can’t get to sleep at night.. worrying about if you made any serious mistakes at work.. Or you can just keep taking your Xanax or Ambien to get to sleep at night..
Update 02/08/13
Having slept on this new information… I believe that the VA BOP is trying to keep themselves out of a lawsuit… when NC BOP passed some changes to the practice act ~ 10 yrs ago.. that addressed patient safety issue.. the chain store industry took them to court… the BOP won.. but .. it cost them a ton of money… Today with tight state budgets… it would appear that the BOP wants overwhelming amount of evidence before they promulgate these new rules.
Also… Wyoming BOP tried to mandate meal breaks for Pharmacists … only to have the Governor line item veto… the rule… claiming that the BOP did not have the authority to mandate meal breaks. https://www.pharmaciststeve.com/?p=1333
All the BOP’s primary charge is to protect the public’s health/safety… the VA BOP is asking the RPH’s in VA for documentation of issues that are the genesis of med errors. Without that documentation.. this change to the practice act could be held up in court for years for it can be implemented… if they even try to go there without it.
Filed under: General Problems
Steve…your original post sounded very optimistic. Now, your addition is quite pessimistic. You know how quickly MTM was implemented in pharmacy, once it was mentioned. Now, we are all doing MTM and making $100 per customer visit, we have no chain telling us what to do, and we are guaranteed a job for life, work 6 months of the year, and spend the other 6 months relaxing on the beach in Tahiti. :):)
On the serious side, I think your addition to the post is probably the likely scenario. And, your mentioning the BOP’s trying to avoid lawsuits makes sense. Big corporations win again! Pharmacists are screwed again. Since when did anything good come to pharmacy????? My observation has been that pharmacy, for pharmacists, has gone downhill since I graduated from pharmacy school in 1971.
@Peon.. what is better.. having the BOP to have a abundance of evidence before they promulgate these rules… or go ahead with the promulgation.. get sued by the chains and the State Treasurer tells the BOP that the state doesn’t have the money to pay to go to court and drop the issue. Having a abundance of evidence will either -IMO – will short cut a lawsuit or get a summary dismissal by the judge.. if the chains file one…
That is pretty strong language by the Virginia BOP. It certainly is opening an opportunity for pharmacists to fight back against the metrics and the high handed tactics of these chains. As you say, Virginia pharmacists should stop whining and start doing. They need to be complaining to the BOP about the crazy world of the chains. I could easily think of a number of things to complain to the BOP about. What about the need for noise reduction in the pharmacy? What about signs for “no cellphones? If pharmacists are in charge, then why not close off part of the pharmacy to make a less distracting environment for pharmacists and techs. If the pharmacist is in charge, then he can simply toss those corporate metrics into the garbage can. The language in the rules of the Virginia BOP certainly seems to provide power to those Virginia corporate slaves. Time for them to take off those shackles and assert their authority. Boy..if we could get that kind of language in all the BOP’s rules!