Ohio’s Pharmacists/Pharmacies don’t want to deal with addicts ?

Few Ohio pharmacies sell Narcan without a prescription after state law widens access

http://www.wcpo.com/news/insider/few-ohio-pharmacies-sell-narcan-without-a-prescription-after-ohio-law-widens-access

CINCINNATI — Even though it’s now legal for heroin addicts and their families to buy Naloxone in Ohio without a prescription, many customers are hard-pressed to find pharmacies equipped to sell it. But there are signs that could change soon.

“I probably talk to two families a month that haven’t been able to find it, or they call me and tell me that they had to go to seven different pharmacies before they finally found it,” said Libby Harrison, who offers help to heroin addicts at the Cincinnati Exchange Project.

The life-saving drug, also called Narcan, can reverse an opiate drug overdose by helping an addict breathe again. It’s usually given as a nasal spay and costs between $80 to $100 for a standard dose, experts said.

Just 25 Ohio pharmacies of the 2,132 retail pharmacies in the state sell the the antidote over the counter, according to an Ohio Board of Pharmacy list, which includes eight participating pharmacies in Southwest Ohio. National pharmacy chains, like Walgreens, Kroger and CVS, do not sell Naloxone over the counter in Ohio at this time, but a local doctor is working to change that.

“You can’t treat people that are dead. (Naloxone) is the most efficient use of funds currently available to keep people alive while we’re trying to build the capacity to treatment,” said Dr. Shawn Ryan, who has spent months working with some of the county’s largest pharmacies to make Narcan widely available in Ohio as a state law intended. “(Twenty-five pharmacies) is not nearly enough.”

It’s been seven months since Gov. Kasich signed House Bill 4, the law that expanded access to the drug by allowing heroin addicts and people who know them to buy it without a prescription from a doctor.  The law’s passage was a major win for those fighting to end the state’s heroin crisis, but its also brought on more responsibility and red tape for pharmacies deciding to sell it as an over-the-counter drug.

“This is kind of a new method of providing drugs,” said Cameron McNamee, director of policy and communications at the Ohio State Board of Pharmacy.

Most Ohio pharmacies haven’t met the Ohio Board of Pharmacy standards required to opt in.  Some pharmacists don’t yet realize that the law allows them to sell the drug without a prescription, experts said. Others are fearful that handing out Naloxone will enable an addict to keep using.

“The reaction was mixed. Some pharmacists were really glad they could do this, that they would have this opportunity to save people’s lives. Some were skeptical that they would be able to put this into practice,” said Ann Barnum, who manages the community strategies team at Interact for Health. “Some pharmacists know a lot about what’s going on with the (heroin) epidemic and some don’t understand the disease of addiction.”

“It’s a shame that we didn’t have this ready to go when we passed the law,” Barnum added.

To find out why more Ohio pharmacies don’t sell Narcan without a prescription, become a WCPO Insider

 

NO THANKS to the DEA … pharmacies don’t want to collect unwanted medications

D.E.A. Effort to Curb Painkiller Abuse Falls Short at Pharmacies

http://www.nytimes.com/2015/10/11/us/dea-effort-to-curb-painkiller-abuse-falls-short-at-pharmacies.html?mwrsm=Email&_r=1

When the Drug Enforcement Administration announced last year that pharmacies nationwide could accept and destroy customers’ unwanted prescription drugs, experts in substance abuse called it a significant step toward easing the painkiller and heroin epidemic.

One year later, however, the response has been insignificant, dismaying optimists and leaving communities searching for other strategies. Only about 1 percent of American pharmacies have set up disposal programs, with none of those belonging to the two largest chains, CVS and Walgreens, which have balked at the cost and security risks, according to government and industry data.

Countless unused prescription pills like oxycodone and Xanax linger in household medicine cabinets, in easy reach of addicted adults and experimenting adolescents. People who develop painkiller dependencies often move on to heroin, which is considerably cheaper and provides a stronger high. About 23,000 Americans died of prescription-drug overdoses in 2013, more than twice the number from 2001, according to the National Institute on Drug Abuse.

Flushing unwanted medications down the toilet is legal but discouraged because they can pollute water sources; throwing them in household garbage that eventually reaches landfills creates similar environmental concerns.

The D.E.A. decided to allow retail pharmacies to collect unwanted drugs — generally in secure, mailboxlike receptacles — because the locations are convenient for the public and already feature safeguards for the medicines, some of which can be worth $40 per pill on the street. Pharmacies within hospitals and clinics are also eligible.

But participation is voluntary, and leaves pharmacies with the costs of collecting, safeguarding and incinerating the pills. In addition, at least eight states, including New York, have laws that forbid pharmacies to take back controlled substances.

A Walgreens spokesman said the company had not authorized any of its 8,200 locations to take back prescription drugs from customers. If someone asks to have unwanted medicine destroyed, he said, the store offers a do-it-yourself kit, for $3.99, in which the pills are mixed with water and other substances to render their contents inactive.

“We consider this the safest and most convenient way to dispose of unused medications,” the spokesman, James Graham, said in a statement.

Since 2010, the D.E.A. has held 10 so-called take-back days — with the latest on Sept. 26 — during which the police and other law enforcement groups encourage people to bring them unwanted medications for disposal. While these have collected 2,400 tons of pills, limited research suggests that the vast majority are noncontrolled medications like cholesterol drugs, antibiotics, and even aspirin and dietary supplements. One expert likened the effort to “trying to eliminate malaria in Africa by killing a dozen mosquitoes.”

A CVS spokesman, Michael DeAngelis, said the company did not allow its 7,800 pharmacies to accept controlled medications, although it held a pilot program at one of its stores. He would not disclose the location or results.

Mr. DeAngelis said CVS instead sought to address prescription drug abuse through other means. For example, it has expanded its program of selling naloxone, a medication that can avert opioid overdoses, to customers without a prescription. And it pays for receptacles, which cost about $800 each, that law enforcement officials use on the D.E.A.’s take-back days.

In some states, prescriptions for noncontrolled substances — those with vastly lower risks for misuse and addiction — are collected and redistributed to those in need. Social services officials in Tulsa, Okla., have about 20 retired doctors who retrieve surplus prescription drugs from dozens of area long-term-care facilities and take them to a pharmacy where they are checked, sorted and donated to low-income residents.

Begun in 2004, the program has filled 180,000 prescriptions worth more than $35 million retail. But it does not handle controlled substances.

“They have such value on the street,” said Linda J. Johnston, the director of Tulsa County Social Services. “It’s not unusual to hear on the news about a pharmacy being robbed. It’s something we wanted to sidestep.”

While Ms. Johnston said she understood pharmacies’ concerns about security, both in guarding drop boxes and transferring their contents to disposal facilities, she expressed some skepticism for those who balk at the cost of destroying the substances. The drugs collected during Tulsa’s D.E.A. take-back day, and in about 20 other locations nationwide, are incinerated free by the local plant of Covanta, the waste and energy company.

Several West Coast counties, including Alameda (which includes Oakland, Calif.) and King (which includes Seattle), have passed ordinances to require the source of prescription medications — drug companies — to underwrite and manage take-back programs. The Pharmaceutical Research and Manufacturers of America, the industry’s main trade association, sued Alameda County over its law, but lost in the United States Court of Appeals for the Ninth Circuit. The Supreme Court declined to review the case in May, and the program could become the first to begin operation next year.

Scott Cassel, the chief executive of the Product Stewardship Institute, a nonprofit environmental group, said manufacturers in other industries had been required to handle the disposal of their own environmentally harmful products. For example, mattress makers in Connecticut are responsible for disposing of discarded mattresses because they are expensive to destroy or recycle.

“The mattress people were understandably not enthusiastic about picking up the cost,” Mr. Cassel said, “but the idea is to protect the environment and to ask industries to handle the waste. Right now it’s the taxpayers.”

As for pharmacies, Mr. Cassel said that generally only small, independent locations had used the D.E.A.’s new guidelines to begin collecting controlled medications, partly out of civic responsibility but also as a means of getting more customers in the store.

The small number of participating pharmacies does not bode well for the future of the program, said Howard Weissman, the executive director of the St. Louis affiliate of the National Council on Alcoholism and Drug Dependence.

“People mean well and want to do the right thing, but in the same way we mean to bring our plastic bags back to grocery stores, we wind up just throwing them in the trash,” Mr. Weissman said of unused drugs. “Until we figure out how to get people to understand how dangerous this stuff can be, parents are going to keep stocking their medicine cabinets with loaded revolvers.”

Correction: October 13, 2015
Because of an editing error, an article on Sunday about a disposal system for unwanted prescriptions misstated, in some editions, part of the name of a group that has a St. Louis affiliate led by Howard Weissman, who commented on the practice. It is the National Council on Alcoholism and Drug Dependence (not Drug Abuse).

Does More seizures mean less illegal drugs on the street ? NOPE !!

DEA: More Meth, Heroine Seized In Arizona In 2015

http://kjzz.org/content/255043/dea-more-meth-heroine-seized-arizona-2015

The flow of drugs across the Arizona-Mexico border is a constant battle for drug enforcement officials, but, which drugs are bring trafficked into the country are always changing.

Right now, those drugs are meth and heroine, according to statistics provided by the Drug Enforcement Administration.

In fiscal year 2015, agencies seized almost 6,400 pounds of meth in Arizona, up from less than 5,000 pounds in 2013. And, more than 1,200 pounds of heroin was seized in 2015, up from 853 pounds in 2013.

At the same time, the amount of cocaine apprehended has gone down from about 2,500 pounds in 2013 to about 2,300 pounds in 2015.

Doug Coleman, DEA special agent in charge of the Phoenix division, said they have no way of knowing exactly how much of any illegal drug is being trafficked into the country. But, they can follow these trends by tracking the amount of each drug that is seized on the border and throughout the state.

Coleman said Mexican cartels control about 90 percent of the methamphetamine trade coming into the county and about 80 percent of the heroine trade. But, he said, that’s not the case with cocaine. He said they’ve seen a decrease in the amount of cocaine coming through the border in Arizona because Mexican cartels don’t manufacture cocaine.

“They actually just get a piece of a transportation fee from the Colombians and the Peruvians when that comes up,” he said. “So, they are less inclined now to move coke up through the Southwest border and much more inclined to move meth, heroine and weed because they control all those. They make it themselves, manufacture it themselves, smuggle it themselves. The profit margin for them on those three drugs is much better than the profit margin on cocaine.”

All of this has had an affect on the production of drugs in Arizona

“We used to have a significant laboratory problem here in the United States,” Coleman said.

But, after the Combat Methamphetamine Epidemic Act passed in 2005, it’s been a lot more difficult for the drug to be manufactured in the U.S. The act regulated the amount of pseudoephedrine that can be bought over-the-counter in the country so manufacturers can’t go to one drug store and buy 200 packs of Sudafed, then to another and buy 200 more in order to manufacture methamphetamine, Coleman said.
The DEA reported that they seized no methamphetamine labs in Arizona in fiscal year 2015, and they seized five conversion labs in 2014.

Coleman said this doesn’t mean that there are no methamphetamine labs left in the state, but he said the law has effectively solved the problem of having super labs producing mass amounts of methamphetamine in the country. Instead, mass production of methamphetamine has switched to Mexico, Coleman said. Now, we’re seeing it come across the border.

How many will be thrown into withdrawal ?

hr_the_walking_dead-300x161

With this huge snow storm over a large portion of the east side of our country.. is going to impact deliveries to some pharmacies and could even cause some pharmacies not to be open because of the weather. In some areas there is forecast to have blizzard conditions… which means some roads are going to be so drifted shut that it may take days to get them reopened.

For those pts whose pharmacy will not fill their controlled meds until the pt “takes the last dose”… may find themselves facing cold turkey withdrawal… Even if pharmacies are open, doesn’t mean that prescriber’s office will be open for the pt to get their new signed Rx for their C-II controlled meds.

Statistic suggest that for every ONE MILLION people affected by this huge snow storm… that up to 11,000 chronic pain pts will run out of medication and thrown into cold turkey withdrawal for every day that pharmacy/prescriber services are not available.

At the time of this post ….More than 85 million people in at least 20 states face storm warnings or advisories.

I saw on TV some bureaucrats suggesting that the citizens in their area(s) should have ONE WEEK’S worth of essentials on hand. How many prescribers/pharmacies will allow a chronic pain pt to have that much medication in reserve to help make sure that they can help them “survive” during a national disaster ?

The “money trail” if you are committed to running addiction treatment centers ?

Validation that “EDUCATION” about substance abuse doesn’t work ?

http://www.pressofatlanticcity.com/news/prosecutors-say-shore-medical-pharmacist-stole-morphine-replaced-it-with/article_1f242ce6-c08e-11e5-b80c-af6d4b9d1d03.html

Prosecutors say Shore Medical pharmacist stole morphine, replaced it with saline

If anyone should be the most educated about the consequences of abusing medications… a Pharmacist should be high on that list… but .. apparently this particular Pharmacist’s mental health disease of addictive personality disorder has a much larger impact on his life than his education ?

MAYS LANDING – A former pharmacist at Shore Medical Center was indicted and arrested this week on charges that he stole morphine intended for intravenous use and replaced it with saline, Atlantic County Prosecutor Jim McClain said Thursday, Jan. 21.

Frederick P. McLeish, 53, of Egg Harbor Township was arrested and taken into custody without incident 9:30 a.m. Jan. 21 at his Windsor Drive home on a warrant issued by Atlantic County Superior Court Judge Pamela M. Wild after being indicted by an Atlantic County grand jury on charges of drug tampering, theft by unlawful taking, and possession of a controlled dangerous substance.

According to the indictment, McLeish removed morphine from vials intended for the preparation of patient intravenous solutions at Shore Medical and replaced the missing volume with a saline solution.

The state alleges that the incidents occurred between July and September of 2014, when McLeish was working at Shore Medical. 

An internal inquiry initiated by the hospital led to an investigation by the New Jersey Department of Law and Public Safety’s Division of Consumer Affairs and a subsequent criminal investigation by the Atlantic County Prosecutor’s Office. Shore Medical suspended McLeish from work in September 2014 and ultimately terminated his employment.

In December 2014 McLeish surrendered his state pharmacy license to the New Jersey Division of Consumer Affairs State Board of Pharmacy.

On Jan. 21 he was processed by Atlantic County Prosecutor’s Office detectives and lodged in the county jail in lieu of $20,000 cash bail, 10 percent, set by Wild.

Detective Michael Peterson of the Atlantic County Prosecutor’s Office led the criminal investigation. Assistant Prosecutor Aaron Witherspoon represented the state before the grand jury. 

 

MASS AG declares “WITCH HUNT” on healthcare practitioners that prescribe opiates ?

healey.JPG

Massachusetts, federal officials unite to crack down on improper opioid prescriptions

http://www.masslive.com/politics/index.ssf/2016/01/state_and_federal_officials_jo.html#comments

What do you get when you have a group of bureaucrats from  our judicial system looking for “bad doctors, Pharmacists and other healthcare professionals “?  Typically, you end up with a WITCH HUNT… because you have people with no medical background making decisions about how/if a healthcare professionals are “bad apples”… and of course… they can’t/won’t walk away empty handed… they have to save face to find someone to drag thru the “judicial mud”. Otherwise, the next time they want money to go after some group.. they might not get their witch hunt funded. Normally you don’t fund LOSERS

BOSTON – Attorney General Maura Healey joined state and federal officials on Wednesday to announce the creation of a new task force to investigate and prosecute the illegal prescribing and dispensing of opioids.

Healey said opioid prescriptions have grown by 140 percent in the United States since the mid-1990s. In Massachusetts, there were 4.6 million prescriptions for opioids written last year. Statistics show that four of five heroin addicts were first addicted to prescription drugs.

“Unfortunately, what we’ve seen the last 15 years is as the number of prescriptions has increased so too have the number of overdoses and addiction, and we are paying the price for that right now, here in communities across our state,” Healey said.

The group includes Healey and state Auditor Suzanne Bump, and federal officials from the U.S. Attorney’s office, the FBI, the U.S. Drug Enforcement Administration and the inspector general’s office of the U.S. Department of Health and Human Services. The coordination will allow law enforcement to use a mix of civil and criminal penalties and federal and state law to crack down on improper prescribing practices.

Healey stressed that the working group is not about harming doctors who are lawfully prescribing medication or patients who legitimately need it.

“This working group is about the fact that we do have actors out there in our state who are illegally, unlawfully prescribing prescription pain medication,” Healey said.

In one recent case, Healey’s office is prosecuting a Ludlow doctor, Fernando Jayma, for allegedly prescribing oxycodone, morphine, methadone and fentanyl to patients for no legitimate medical purpose, including some patients with documented substance abuse problems.

Healey said her office has investigated other cases when doctors were writing prescriptions for dead people, prescribing drugs with no legitimate medical purpose or prescribing drugs that should not be taken together.

fishing

Bump’s office will help the task force collect and analyze data to identify problematic doctors by focusing on identifying prescribing practices likely to indicate abuse. The state has various data sources to identify things like doctors who are prescribing outside their specialty, hospitals and pharmacies that lose track of drug inventory, pharmacies that improperly dispense medication to an individual who is only allowed to shop at a particular pharmacy, or doctors who write large numbers of prescriptions for patients who live far away.

Harold Shaw, special agent in charge of the FBI’s Boston Division, said his office has a task force with experience identifying fraudulent billing practices. The FBI will also investigate organized criminal networks that distribute opioids.

Michael Ferguson, special agent in charge of the Drug Enforcement Administration’s New England Field Division, said the DEA can monitor compliance with the U.S. Controlled Substance Act and assess civil penalties, such as taking away a doctor’s prescribing license.

The inspector general’s office of the Department of Health and Human Services will focus on identifying Medicare and Medicaid fraud and cases where drugs prescribed to people on federally funded health plans are being diverted.

“We can’t say the vast majority of prescriptions aren’t for legitimate needs, but some are fraudulent, some drugs are being diverted, some prescriptions are being used for drug trafficking,” said Special Agent in Charge Phillip Coyne.

Asked whether new legislation is necessary, Healey said she is focused on enforcing existing laws, using data correctly and communicating between agencies.

“I think enforcing existing laws is the way to go. I don’t think we need to have a conversation about changing the laws,” Healey said.

Healey said she does support provisions in bills currently pending before the state Legislature that would require doctors to check a Prescription Monitoring Program to find out a patient’s history of drug use before the doctor prescribes an opioid.

First Assistant U.S. Attorney John McNeil acknowledged that it can be tough to prove cases against doctors who overprescribe drugs. In one prominent case, a U.S. District Court jury acquitted a Needham doctor and nurse of charges that they improperly prescribed opioid painkillers, after six patients died of drug overdoses, the Boston Globe reported.

McNeil said the advantage of the task force is that both federal and state resources will be directed at the problem.

“Let’s say we find a doctor who is on that edge between appropriate prescriptions and drug dealing, and we decide not to take a criminal case against that doctor, we can use our federal civil authorities to pursue that doctor and take that doctor’s license away,” McNeil said.

The announcement comes the same day as the Massachusetts Department of Public Health released updated data on opioid overdoses. The new data confirmed that there were 1,099 unintentional opioid overdose deaths in 2014, an increase from 911 in 2013 and 668 in 2012. In the first nine months of 2015, there appears to be a higher rate of overdose deaths than during the same period in 2014.

Federal Police Officer… civil forfeitures… Like “Nazi Germany”

It’s Like “Nazi Germany” — Federal Police Officer Furious After Cops Attempt to Rob Him & His Wife

It is my understanding that since this incident, the courts has ruled that it is illegal/unconstitutional to hold a traffic stop until a “drug dog” can be brought to the traffic stop.  Unreasonable search and seizure !

Nashville, TN — In May of 2014, Ronnie and Lisa Hankins were driving back from his grandfather’s funeral in Virginia when they were targeted by a gang of police officers in search of cash.

As Lisa drove the couple westbound down I-40, they saw an officer, who happened to be with the 23rd Judicial District Drug Task Force, and Hankins correctly predicted that they were about to be pulled over.

“I told her we are going to get pulled over,” Ronnie said to NewsChannel 5.

“What made you think he was going to stop you?” NewsChannel 5 Investigates asked.

“Because we had out-of-state license plates and my wife is Hispanic,” he explained.

The couple was then pulled over, and the officer quickly separated them before beginning his harassment of Lisa. In the video, the officer is heard badgering Lisa in an attempt to get her to consent to a search.

“You say there’s not anything illegal in it. Do you mind if I search it today to make sure?” the officer asked.

Lisa responded, “I’d have to talk to my husband.”

The cop continued to intimidate and harass her, “I am asking you for permission to search your vehicle today — and you are well within your rights to say ‘no,’ and you can say ‘yes.’ It’s totally up to you as to whether you want to show cooperation or not.”

Knowing that they had done nothing wrong and the officer had no reason to search them, Lisa continued to assert her rights and refused the search.

“You have to either give me a yes or no,” the cop continued. “I do need an answer so I can figure out whether I need a dog to go around it or not.”

After going back and forth and realizing that this couple was not going to give consent, a second officer brings out a drug dog. As the Free Thought Project previously reported, data shows that police K-9s will alert almost every single time they are called out, regardless of the presence of drugs. 

The Hankins’ case, on the side of I-40, was no different.

“We’ve ran a dog, and the dog’s alerted on the vehicle. So we are going to be searching it, OK? And whatever is in there we are going to find in just a second,” said the officer to the couple.

“There’s never been any drugs in the vehicle and never will be,” Ronnie declared.

Ronnie became furious as he knew that the dog did not alert on his vehicle; he knows this because he is also a cop. He’s a federal police officer at the Marine Corps Air Station-Miramar in San Diego.

“You are lying about the dog hitting on the car. The dog didn’t hit on the car either. You guys are drug task force. You are out here harassing me and my wife when I am just coming back from a funeral,” he said.

The agent, knowing full well that Ronnie was a cop, responded sarcastically, “That is exactly how I would expect most police officers to act.”

“Just like a child, you can make a child say anything you want. You can make a dog do whatever you want to if you train them the right way,” Ronnie explained to NewsChannel 5 Investigates.

For nearly an hour, cops held the innocent couple on the side of the interstate while they tore Lisa’s new car apart. They even went so far as to rip the dashboard out. They found no drugs.

But after finding no drugs, the truth came out —  these cops weren’t looking for drugs at all — they wanted cash.

“I knew right now they were looking for money to fund their operations,” said Ronnie.

“Well, I’ll be honest with you,” the officer began, as he attempted to justify this outrageous violation of rights. “With you going this direction, I wouldn’t think you’d have drugs in the car — you would have a large amount of money,” he said.

After the cops were finished searching for cash and didn’t find any, they eventually let their victims go. But to support their unlawful detainment, also known as attempted robbery, the officers wrote in the report that they found “marijuana debris” in the driver and passenger floor boards. This ‘debris’ was nothing more than grass from the couple’s feet from the cemetery where Ronnie’s grandfather was buried.

The unfortunate reality of this situation is that nothing will happen to these officers. In their minds, the Hankins are criminals who deserved this treatment and got off lucky without having their property stolen. These officers will continue to rob people on the side of the road as it’s not only condoned by their departments; it’s their entire function — necessary for their own self-preservation.

“It seems like Nazi Germany,” said Ronnie. “You’ve got to have the paperwork and the proper authorities to come through Tennessee.”

Until we end the war on drugs, these cases will continue to become more prevalent and less pleasant. When police officers are referring to the situation created by other police officers as ‘Nazi Germany,’ the time for immediate action is now.

For a list of peaceful fixes to the many problems created by the drug war, please take a scroll through our #solutions

Matt Agorist is an honorably discharged veteran of the USMC and former intelligence operator directly tasked by the NSA. This prior experience gives him unique insight into the world of government corruption and the American police state. Agorist has been an independent journalist for over a decade and has been featured on mainstream networks around the world.

 

Who is the liar.. the patient or the Pharmacist ?

Legal Duty When Advising on the Use of OTC Products

http://www.pharmacytimes.com/publications/issue/2016/January2016/Legal-Duty-When-Advising-on-the-Use-of-OTC-Products?utm_source=GoogleNews&utm_medium=GoogleNews&utm_campaign=PharmacyTimesNews

ISSUE OF THE CASE
When a patient consults a pharmacist by telephone about a medication for her spouse, and the spouse uses it, which allegedly results in adverse health consequences, can the pharmacist and pharmacy be held liable for monetary damages?

FACTS OF THE CASE
This case arose in a western state where a woman allegedly received advice for her husband, by telephone, from a pharmacist at a national pharmacy chain. The facts, alleged by the plaintiff, were that the pharmacist discussed the husband’s health history with the wife and said, during the telephone consultation, that it was acceptable for the husband to use a pseudoephedrine product. The pharmacist did not ask the wife about matters that would have revealed that the husband had a history of “a little bit of prostate trouble.”

In response to the filing of the lawsuit, the pharmacist denied that the telephone conversation had ever occurred. The pharmacist also argued that if the verbal exchange had occurred, she would not have recommended use of the pseudoephedrine product. The pharmacy added the argument that there was no notation of a history of prostate problems in the husband’s health record on file at the pharmacy.

The allegation in the lawsuit was that consumption of a single dosage unit of the pseudoephedrine product worsened the husband’s prostate issues. The alleged injury was that he “suffered from difficulty urinating, bladder distension, and burst blood vessels in his bladder.” All of this allegedly led to his hospitalization for surgery, and subsequent use of catheters. An additional part of the declared damages was that the husband suffered nerve injury that led to constant pain, with disability, for 2 years until he died 2 years later due to an unrelated illness.

The pharmacy chain made a motion with the US District Court seeking partial summary judgment. This is a request in which the court concludes no material issues of fact are to be decided and, hence, no trial is necessary. Such a motion can be made with regard to the entire case or can be limited to specific issues within the case, as a whole. The chain’s motion asked the judge to declare that it had no liability for the husband’s injuries for 2 reasons: first, it argued that the legal duty of care, extended by a pharmacist, did not require giving adequate advice about nonprescription medications, and second, a legal principle, known as the “learned intermediary doctrine,” insulates the pharmacist from liability for failure to warn. This doctrine places responsibility on the physician to decide what information and cautions associated with the use of a medication to pass along to a patient. The attorneys for the chain cited a prior decision from the supreme court of that state that addressed the duty of a pharmacist to alert a patient to potential problems with the use of a pharmaceutical classified as a federal legend medication.

THE COURT’S RULING
The motion for partial summary judgment was denied by the court.

THE COURT’S REASONING
The federal court dealing with this matter was bound by legal doctrines dictating that it apply the law of the state where the matter arose. This federal trial court differentiated the prior decision by the state’s highest court, cited by the pharmacy chain, because it was limited to the legal doctrine of “strict liability” (ie, liability irrespective of fault). For this present matter, the trial court concluded that the law of the state is that “a pharmacist has a generally recognized duty to possess and exercise the reasonable degree of skill, care, and knowledge that would be exercised by a reasonably prudent pharmacist in the same situation.”

The federal trial court handling this matter stated, “It appears that (the chain) argues that a pharmacist is exempt from any and all liability when giving advice to customers about nonprescription drugs, even when the pharmacist dispenses bad advice.” A provision in the state pharmacy act refuted that argument by the chain. The practice of pharmacy was defined there to include “providing information on drugs and devices, which may include advice relating to therapeutic values, potential hazards, and uses…”

Regarding the learned intermediary doctrine, the court stated that “…the pharmacy cannot reap the benefits of offering advice and then hide behind the learned intermediary doctrine to avoid the consequences if their advice is incorrect. This is especially so when pharmacies hold themselves out to the public and the pharmacy’s customers as experts on drugs, both prescription and nonprescription alike.”

The court also pointed out that protecting the learned intermediary doctrine applies solely when prescription-only medications are involved: “It has no application to the factually different context of nonprescription drugs.”

in Ohio.. it isn’t about proper pt care.. it is all about reducing numbers Genocide .. American Style ?

Ohio strengthens opioid prescribing guidelines to further prevent prescription drug abuse

http://highlandcountypress.com/main.asp?SectionID=2&SubSectionID=73&ArticleID=31145

As part of Ohio’s continuing effort to curb the misuse and abuse of prescription pain medications and unintentional overdoses, the Governor’s Cabinet Opiate Action Team announced Tuesday the adoption of new opioid prescribing guidelines for the outpatient management of patients with acute pain which is generally resolved within 12 weeks. Acute pain is typically short-term and can result from injuries as well as surgical and dental procedures.

The new guidelines, which recommend non-opioid treatment options when possible and limiting the amount of opioids used to treat acute pain where appropriate, expand upon Ohio’s prescribing guidelines for emergency departments and acute care facilities, and for management of chronic pain lasting longer than 12 weeks. All three guidelines were developed by the Governor’s Cabinet Opiate Action Team in conjunction with clinical professional associations, providers, state licensing boards and state agencies.

“Too many families are being torn apart by drugs and that is why we have been so proactive in exploring new ways to prevent Ohioans from becoming addicted to prescription opioids,” said Gov. John R. Kasich. “Building upon prescribing guidelines we established for emergency departments and chronic pain, these new protocols for treating short-term pain will strengthen our efforts to fight abuse and ultimately save lives.”

In 2014, more than 262 million opioid doses were dispensed in Ohio for the management of acute pain — 35 percent of the state’s 750 million total dispensed opioid doses.

Prescription opioids remain a significant factor to unintentional drug overdose deaths in Ohio, contributing to nearly one-half of all injury-related deaths in 2014. 

“The new guidelines urge prescribers to first consider non-opioid therapies and pain medications for the management of acute pain when appropriate, to avoid the potential misuse and abuse of opioids that can lead to addiction,” said Dr. Mary DiOrio, medical director for the Ohio Department of Health. “When opioid medications are necessary to manage a patient’s acute pain, the guidelines recommend that the clinician prescribe the minimum quantity necessary without automatic refills.”

“No prescriber can predict which patients will become addicted to their opioid pain medication, so why take the chance if the patient’s acute pain can be managed without them?” said Dr. Amol Soin, a pain management specialist and vice president for the State Medical Board of Ohio. “Just because clinicians can prescribe a 30-day supply of opioid medication doesn’t mean that they should,” he said. “Prescribing only the amount necessary based on each individual patient’s needs will help reduce the number of leftover unused opioids and the potential for diversion and abuse.”

Dr. Soin noted that patients can take an active role in keeping themselves and others safe.

“When you talk with your provider about managing your acute pain, ask to try non-opioid pain medications and therapies first,” he said. “If you do need opioid pain medication, then make sure that you store it securely where nobody else can get it, and safely dispose of any leftover pills.”

Dr. DiOrio explained that, like the emergency department and chronic pain prescribing guidelines, the new acute pain guidelines encourage prescribers to check the State Board of Pharmacy’s Ohio Automated Rx Reporting System (OARRS) before prescribing an opioid. A review of OARRS is required for most opioid and benzodiazepine prescriptions of seven days or longer.

“Patients may already be using opioids or benzodiazepines from other prescribers,” she said. “Taking these drugs together increases a patient’s risk of a drug overdose, respiratory depression and death.”
Ohio is making it even easier for prescribers to check OARRS.

Last October, Gov. Kasich announced an investment of up to $1.5 million a year to integrate OARRS directly into electronic medical records and pharmacy dispensing systems across Ohio, allowing instant access for prescribers and pharmacists. More than 110 hospitals, pharmacies and physician offices already have requested integration.

Ohio’s opioid prescribing guidelines are having a positive impact in the fight against prescription drug abuse:

• The number of prescriber and pharmacist queries using OARRS increased from 778,000 in 2010 to 9.3 million in 2014.

• The number of individuals “doctor shopping” for controlled medications decreased from more than 3,100 in 2009 to approximately 960 in 2014.

• The number of opioid doses dispensed to Ohio patients decreased by almost 42 million from 2012 to 2014.

• The number of patients prescribed opioid doses higher than chronic pain guidelines recommend to ensure patient safety decreased by 11 percent from the last quarter of 2013 to the second quarter of 2015.

• Ohio patients receiving prescriptions for opioids and benzodiazepine sedatives at the same time dropped 8 percent from the last quarter of 2013 to the second quarter of 2015.