Is Your e-Mail at Work Private? 1/20/2010

How enforceable are company policies regarding personal electronic communications?


Gender Discrimination and Its Consequences 12/17/2009

There is no reason to differentiate compensation or enforcement of policies based on gender alone, as a female pharmacist and a large pharmacy chain have learned.

Criminalization of Medication Errors 11/19/2009

A recent case that equates a pharmacist’s mistake with manslaughter also raises the question of pharmacy technician responsibility.


HIPAA Breach Notification Rule 10/21/2009

New federal guidelines address compliance procedures when protected health information is disclosed in an unauthorized manner.


Mylan Files Lawsuit Against Pittsburgh Post-Gazette 9/21/2009



Unraveling Plan B’s Legal Status 9/21/2009

In order to clarify the current controversy surrounding the dispensing of emergency contraception, the Washington State case and recent FDA activity must be examined.


The Price of Living: End-of-Life Costs 8/20/2009

It is very expensive to provide treatment for patients during their last 6 months of life. Should the U.S. adopt a policy of health care rationing to control soaring costs?


Pharmacy Robberies 7/20/2009

Crime is on the rise, with thieves going directly to the source to steal drugs. Several recent incidents raise the question, what is considered excessive force when protecting the pharmacy?


Pharmacists Beware: Data Mining Unlawful 6/18/2009

Several states have adopted laws that prevent the disclosure of prescriber-identifiable data. Has the tide turned in favor of protecting the privacy of prescribing patterns? 



Federal Preemption of States’ Drug Product Liability Laws DOA 5/19/2009

What impact will Wyeth v. Levine have on drug labeling and public health? 



Recusal of Judges 4/20/2009

When a judge has an alleged conflict of interest in a matter before the court, who decides if he or she should be excused from the case?


Disposal of Controlled Substances 3/18/2009

If patients can’t make a good faith effort to return unwanted drugs without a lot of bureaucratic hassle, what should they do with them?


Right of Conscience: Federal Developments 2/20/2009

In late December 2008, the Department of Health and Human Services (HHS) issued a set of regulations prohibiting individuals or legal entities that accept any money from federal programs from discriminating against those who refuse to engage in any form of behavior they deem offensive.



Rogue Internet Pharmacies 1/26/2009

In the past few months, the federal government has issued two sets of rules regarding the use of computers and related technologies governing the prescribing and dispensing of controlled substances.

Use of Legally Marketed Drugs for Lethal Injection 11/18/2008

As of September 1, 2008, there are 37 states in the United States that permit the use of the death penalty for individuals who have committed the most heinous of crimes.

Legal Effect of an Apology 10/17/2008

The simple apology, "I'm sorry," while well intended at the time a health practitioner realizes something went wrong and caused the patient a problem, may be taken as evidence of guilt in a malpractice case.

Drug Marketing to Change 9/18/2008

Although not the first time the industry has attempted self-policing, on July 10, 2008, the Pharmaceutical Research and Manufacturers of America (PhRMA), the trade group representing traditional research-oriented drug companies and biotechnology firms, announced revised guidelines that will impact how manufacturers market prescription medicines to health care professionals.

Patient Safety Organizations 7/18/2008

Get ready for some new legal duties regarding patient safety and error reporting.

FDA Inspection of Foreign Drug Companies 6/19/2008

Have you ever wondered how well the FDA is doing at protecting the American public from harmful drugs?

The Sorcerer’s Apprentice 5/20/2008

The sorcerer leaves his apprentice alone in the workshop tidying up...

Rights of Pharmacy Interns 4/18/2008

Many pharmacists voluntarily help educate the next generation of pharmacists who serve as pharmacy interns (or externs or similar titles) in retail and hospital settings.

Access to Experimental Drugs 3/20/2008

Imagine that a family member is suffering from a horrible disease that has no apparent treatment.

Beware of Disability Insurance 2/20/2008

Many pharmacists work for employers who offer disability insurance.

Hey, DEA: Horses Are Not People 1/24/2008

This month's case is not about prescriptions for humans, at least not primarily.

Health Care Fraud Recoveries: Point the Finger Elsewhere 12/20/2007

It's not immoral to make sure that prescription drug pharmacists don't overcharge the system.

DES Returns to the Courtroom  11/19/2007

It should not be a surprise to practicing pharmacists in the United States that diethylstilbestrol (DES) should never be dispensed to pregnant women because of the risks of cancer and other debilitating diseases to adults who were exposed to the drug while still in the womb.

David Victorious Over Goliath 10/18/2007

A s Goliath moved closer to attack him, David ran quickly toward the battle line to meet him.

Failed Duty: Cause of Damages? 9/19/2007

Articles discussing the liability of pharmacists or pharmacies for failing to warn patients about risks associated with the use of medications abound.

The Crossroads Between Law and Ethics: Conscience Clauses 8/20/2007

Is it a good and noble thing to stand up for your beliefs and refuse to do activities that you fully and honestly think are wrong, evil, or even sinful? What if your refusal to do something negatively affects somebody else who does not share your values--is it still okay to follow your conscience? Or, as a licensed pharmacist who swears to uphold our code of ethics, do you have to look first to the welfare of your patients even if doing so results in having to do something you understand to be morally wrong? Another way of looking at these dilemmas is to ask where the boundaries of law and ethics intersect and ask which of these forms of behavioral conduct takes precedence.

Obstruction of Process, Trespass, and Disorderly Conduct 7/13/2007

Have you ever wondered what you would do if you were arrested for allegedly doing something criminally wrong? Probably not.

Mining Ban Unconstitutional 6/19/2007

The New Hampshire Legislature enacted a law that bans pharmacies, insurance companies, and similar entities from transferring or using prescriber-identifiable data for certain commercial purposes.

Restrictions on Pharmacy Locations 5/18/2007

It is time to dream.

Oh, My Aching Back! 4/17/2007

Does the following describe your job as a pharmacist? Light work and physical demands involving occasional lifting of five to 15 pounds, sitting 5%, standing 50%, walking 25%, bending 10%, and reaching 10%.

Testamentary Capacity 3/21/2007

This is a story made for soap operas.

The Rule of Lenity 2/20/2007

Assume that you are working in a community pharmacy that you own and are fully licensed as a pharmacist by your state Board of Pharmacy (or the government's licensing organization), as is your pharmacy.

In Pari Delicto 1/23/2007

Although Latin phrases are not currently in vogue within the context of proper English communication (written or spoken), court opinions continue using archaic terms as if they were part of the lexicon of the day.

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