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Professional liability for pharmacists: a focus on pharmacy practice acts.
M A Munger1, J A Green, P A Greve
1Division of Cardiology, University Hospitals of Cleveland, OH 44106.
Drug Intelligence & Clinical Pharmacy
|November 1, 1988
Summary
State pharmacy practice acts lack comprehensive definitions, potentially increasing pharmacist liability. Updating statutes is crucial for legal defense in contemporary pharmacy practice.
Area of Science:
- Pharmacy Law
- Professional Liability
Background:
- Pharmacist roles and responsibilities have expanded, increasing potential liability.
- A clear definition of pharmacy practice is needed to establish professional standards of care.
Purpose of the Study:
- To establish a nationwide statutory definition of pharmacy practice.
- To outline the use of pharmacy practice statutes in civil and administrative law.
Main Methods:
- A survey of 51 state pharmacy practice acts was conducted.
- Analysis focused on the presence and scope of definitions for various pharmacy activities.
Main Results:
- Twenty percent of state statutes lack any definition of pharmacy practice.
- Key activities like dispensing, compounding, prescription evaluation, and consultation are legally defined in most states.
- Specialized services such as pharmacokinetic consultation, drug administration, pharmacist prescribing, and research are defined in a limited number of states.
Conclusions:
- Inconsistent statutory definitions create ambiguity and potential liability for pharmacists.
- Updating pharmacy practice acts to reflect current practices is essential for legal defense.
- Clearer statutes can help mitigate legal responsibilities from courts and regulatory boards.