Drug Topics - December 12, 2008 - (Page 40)

Continuing Education AN ONGOING CE PROGRAM OF THE UNIVERSITY OF FLORIDA COLLEGE OF PHARMACY AND DRUG TOPICS The pharmacist’s duty to warn: Implications for pharmacy practice Alan Spies, RPh, JD, PhD, MBA Kimberly Burns, RPh, JD FIGURE 1 Code of Ethics for Pharmacists* A pharmacist respects the covenantal relationship between the patient and pharmacist. Drug promotes the good A pharmacistTopics/Source: Ref. 5 of every patient in a caring, compassionate, and con dential manner. A pharmacist respects the autonomy and dignity of each patient. A pharmacist acts with honesty and integrity in professional relationships. A pharmacist maintains professional competence. A pharmacist respects the values and abilities of colleagues and other health professionals. A pharmacist serves individual, community, and societal needs. A pharmacist seeks justice in the distribution of health resources. GETTY IMAGES / BLEND IMAGES / JOSE LUIS PELAEZ INC he potential exists for pharmacists to be liable even beyond the accurate dispensing of medications. This article will explore a pharmacist’s duty to warn patients about the adverse consequences that could occur with medications and to know the circumstances under which pharmacists should warn patients. Further, the article discusses the legal inconsistencies among the state courts and other courts that have addressed the pharmacists’ duty to warn and will include case studies to illustrate these points. Pharmacists who read this article can learn from recommendations about their duty to warn patients. T Introduction Throughout the history of the profession of pharmacy, major events have played pivotal roles in its development. Some of these changes were the result of tragic events. From the sulfanilamide tragedy of 1937, when more than 100 individuals died as a result of ingesting an elixir that contained diethylene glycol, to the thalidomide tragedy of the 1960s to the enactment of the Omnibus Budget Reconciliation Act of 1990 (OBRA ’90), legislation has played a major role in helping shape pharmacy. In addition to the legislative branch, the judicial branch of government has played a part in pharmacy’s development as well. One area in which the courts have played a key role is in deﬁning the duties a pharmacist must fulﬁll to meet the standards of pharmacy practice. The standards of practice are deﬁned not only by the courts. Other key constituents, such as professional pharmacy associations, have contributed to the discussion. For example, there are codes of conduct that help govern the profession (Figure 1). These codes, written by pharmacists, are often used by the courts in determining what constitutes a pharmacist’s duty. Furthermore, the courts examine laws and regulations in making their decisions. Though this may initially appear comforting for a pharmacist who faces legal action, it is important to note that the courts often do not agree on what constitutes a pharmacist’s duty, speciﬁcally a pharmacist’s duty to warn patients about the potential harm associated with prescription *Adopted by the membership of the American Pharmaceutical Association, October 27, 1994 Network SEE INDEX PAGE 8 Regulatory & Legal For more info on this topic, see www.drugtopics.com 40 DRUG TOPICS D E C . 15, 2008 W W W.D R U GTO P I C S .C O M http://WWW.DRUGTOPICS.COM

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Drug Topics - December 12, 2008 Contents Up Front Up Front In Depth Letters Health-System Edition Cover Story: Controlled Substance Disposal a Growing Problem for Hospitals Pharmacists Hope for Speedy Approvals Deaths from C. Difficile Increasing PharmMD Teams with HealthSpring RX Care Commentary Ohio Hospital Automates Pharmacy The Business Outlook for 2009 OTC The Pharmacist's Duty to Warn: Implications for Pharmacy Practice New Products Viewpoint

Drug Topics - December 12, 2008

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