US Pharm.
32(11):1.
Did you happen to catch a news
story that came out last month about a retired Indiana pharmacist who was
arrested for working without a current license for the past 17 years? It turns
out that Indiana issued him a license in 1981, but the license expired in June
1990. For the next 17 years he worked in a variety of pharmacy positions,
including a four-year stint at one of this nation's largest drug chains.
Thankfully, the prosecutor in the county where the pharmacist was charged with
five felony counts of practicing pharmacy without a license said there was no
evidence that he practiced the profession of pharmacy poorly. How did he get
caught? Police were investigating a nurse over some allegedly fraudulent
prescriptions and the trail led back to the pharmacist who filled the
prescriptions. According to the story, the fact that he may or may not have
filled a fraudulent prescription was not called into question; but the issue
of not having a valid license was quite another matter. The sketchy background
information offered in the story revealed that this pharmacist had passed a
routine state inspection by altering the pocket-card version of his license.
While this may be an isolated incident and there are probably many details
about this case that are unknown to me, it brings into question all kinds of
issues related to the licensing of pharmacists in general. For example, did he
complete the required number of continuing education credits required in
Indiana? (Indiana requires 30 hours of pharmacy CE every two years with
certain restrictions on which CE topics are admissible for relicensure).
Several states have opted out of requiring pharmacists to send in CE
certificates of completion in lieu of an "honor system" and random audits. I
suppose this is being done largely due to budget constraints. Also, did the
board of pharmacy or licensing bureau try to contact this pharmacist when he
did not renew his license? There are any number of initiatives that state
boards of pharmacy and licensing centers can do to flag and follow up on
pharmacists who do not renew their licenses; but in the final analysis this is
a daunting task and, I believe, a waste of manpower.
I am certain of one thing: once the story of this pharmacist surfaced, the
blame game went into full swing. Whose responsibility is it to make sure the
pharmacist working for you is properly licensed? Without question, I believe
the onus falls squarely on the employer's shoulders. It is incumbent on all
employers to do a thorough background check on every prospective employee,
including pharmacists. This includes a call to the board of pharmacy to see if
a pharmacist's license is up to date or if there are any outstanding
violations against the pharmacist.
And as long as we are playing the blame game, one could make a case that the
pharmacist shortage is really to blame for this oversight. In some areas of
this country employers are so eager to hire pharmacists that they do not
invest in conducting background checks. In this instance, as far as we know
from the news accounts, this pharmacist did not make any serious or fatal
errors. If he had, you can bet that the blame game would go into overtime
trying to figure out the malpractice legalities and liability of whoever was
at fault.
The news item made me wonder how many pharmacists are currently working with
expired licenses. Worse yet, how many pharmacists are working with suspended
or revoked licenses? If it hadn't been for the police investigation, this
unlicensed pharmacist could have conceivably gone undetected forever. It is
time that everyone involved in licensing and hiring pharmacists take
responsibility for their own actions so we don't have a repeat of this kind of
story.
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