Pharmacy Law

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Overview

One of the most perplexing and troublesome issues a pharmacist can face is determining whether an opioid prescription is legitimately written for the treatment of pain management. When patients present multiple opioid prescriptions for very large quantities and very high dosages from the same prescriber or the same few prescribers, pharmacists are often at odds over what direction to take.

Law and ethics converge to create a professional dilemma for pharmacists. On one hand, pharmacists have a legal responsibility to prevent the diversion of controlled substances. On the other hand, pharmacists have an ethical responsibility to ensure that legitimate pain patients receive the treatment they are legally and ethically entitled to. The illegal diversion and abuse of prescription opioids is increasing, but it should not mitigate the fact that pain patients are generally under-treated and deserve treatment.

This issue guides pharmacists in determining the legitimacy of prescriptions. It reviews the positions that federal regulators and law enforcement authorities have taken on the use of opioids for pain and the current standards of practice for pain management. The Corresponding Responsibility Doctrine is explained in detail with examples of actual court cases involving pharmacists.

Publication Date: Nov-1-09
Expiration Date: Nov-1-12
CE Credit: 2.0 (.20 CEU)
Type of activity: Knowledge-based

This program was developed by The Rx Consultant and published by Continuing Education Network, Inc. The Rx Consultant accepts no advertising or financial support from the pharmaceutical industry and is funded solely by the purchase of programs. The Rx Consultant is dedicated to providing unbiased, balanced information to health care practitioners.

Programs developed by The Rx Consultant are written by health care providers with expertise in the topic area, peer-reviewed, extensively edited, and fact-checked. This development process was created to insure that every program presents information that is current, accurate, relevant to "real world" health care providers, and written in an easy reading, "plain English" style.

Authors

Richard R. Abood, B.S. Pharm., J.D., Professor of Pharmacy Practice, Thomas J Long School of Pharmacy & Health Sciences, University of the Pacific, Stockton, CA.

Disclosure Statement

Richard R. Abood reports no financial or personal relationship with any commercial interest producing, marketing, reselling, or distributing a product or service that appears in this issue.

Editorial and Review Board

Editor and CE Administrator Terry M. Baker, PharmD Associate Editor and CE Coordinator Tracy Farnen, PharmD Associate Editors James Chan, PharmD, PhD Pharmacy Quality and Outcomes Coordinator Kaiser Permanente Oakland, CA Associate Clinical Professor School of Pharmacy University of California San Francisco San Francisco, CA Ron Finley, RPh Lecturer Department of Clinical Pharmacy University of California San Francisco San Francisco, CA Associate Member of the UCSF Memory and Aging Center Alzheimer's Research Center Consultant Pharmacist to the Institute on Aging-On Lok Senior Health Institute on Aging Alzheimer's Day Care Center Angie S. Graham, PharmD Drug Information Coordinator Stanford Hospital and Clinics Stanford University Medical Center Stanford, CA Julio R. Lopez, PharmD, FCSHP Chief of Pharmacy Service VA Northern California Health Care System Adjunct Clinical Professor College of Pharmacy Touro University Vallejo, CA Assistant Clinical Professor School of Pharmacy University of California, San Francisco San Francisco, CA

Adjunct Professor Thomas J. Long School of Pharmacy University of the Pacific Stockton, CA Visiting Associate Professor and Lecturer Nursing School Samuel Merritt University Oakland, CA Pamela Mausner, MD Joshua J. Neumiller, PharmD, CDE, CGP, FASCP Assistant Professor Department of Pharmacotherapy College of Pharmacy Washington State University And Elder Services of Spokane Spokane, WA Candy Tsourounis, PharmD Professor of Clinical Pharmacy Medication Outcomes Center Department of Clinical Pharmacy School of Pharmacy University of California, San Francisco San Francisco, CA Senior Editorial Advisor Gerard Hatheway, PharmD, PhD Editorial Advisors Jocelyn Chan, PharmD Belinda M. Danielson, RPh Christopher M. DeSoto, PharmD Cynthia Chan Huang, PharmD, MBA Fred Plageman, PharmD Editorial Advisor and Clinical Practice Consultant for Nurse Practitioners Emily K. Meuleman, RN, C, MS

Accreditation Statements

The Rx Consultant is a publication of Continuing Education Network, Inc.

About the Rx Consultant

The Rx Consultant is a monthly publication dedicated to providing health care professionals with the information they need to educate patients about drugs and manage drug therapy. The reader is responsible for confirming the information presented here and interpreting it in relation to each patient's specific situation before utilizing the information.

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Target Audience

This accredited program is targeted to pharmacists and nurses.

Exam and Credit Statement Procedures

Upon successful completion of this program and the post test (70%), 2.0 hours of continuing education credit will be awarded. To receive credit and your exam score, please complete the exam questions and program evaluation.

Educational Goals and Objectives

At the conclusion of this program, participants will be able to:

1. Describe the complexities healthcare professionals face with chronic pain management that make it difficult to ensure adequate pain treatment in appropriate patients.
2. Explain the Corresponding Responsibility Doctrine and how it has been applied to court cases involving pharmacists.
3. List methods that can assist pharmacists in determining the legitimacy of opioid prescriptions.
4. Discuss the legally accepted standards for the treatment of pain in an addict.