the arkansas pharmacist summer 2010
DESCRIPTION
The Arkansas Pharmacist Summer 2010TRANSCRIPT
TheArkansasPharmacist
Arkansas Pharmacists Association
Mike Smets, P.D.
President 2010 - 20112010 Summer
Quarterly Edition
The Arkansas Pharmacist2
Board of Directors
Arkansas State Board of Pharmacy
President..............................................................Benji Post, P.D., Pine Bluff
Vice President ......................................................Marilyn Sitzes, P.D., Hope
Secretary ........................................................Ronnie Norris, P.D., McGehee
Member ..........................................................Steve Bryant, P.D., Batesville
Member ..................................................Justin Boyd, Pharm.D., Fort Smith
Sr. Citizen Public Member ..................................Ross Holiman, Little Rock
Public Member............................................................Larry Ross, Sherwood
Arkansas Association of Health System Pharmacists
President ....................................................Jason Derden, Pharm.D., Benton
President Elect ..........................................Rayanne Story, Pharm.D., Searcy
Past President ......................................Maggie Miller, Pharm.D., Batesville
Executive Director ............................Susan Newton, Pharm.D., Russellville
Treasurer ..............................................Sharon Vire, Pharm.D., Jacksonville
Secretary ............................................Marsha Crader, Pharm.D., Jonesboro
Member at Large ............................Jody Smotherman, Pharm.D., Batesville
Member at Large ................................Jennifer Priest, Pharm.D., Little Rock
Member at Large ........................Andrea Donaldson, Pharm.D., Little Rock
District 1
Eddie Glover, P.D.
U.S. Compounding
2515 College Ave.
Conway, AR 72034
District 2
Brent Panneck, Pharm.D.
St. Francis Pharmacy
210 Cobean Blvd. #10
Lake City, AR 72437
District 3
Danny Ponder, P.D.
Ponder Economy Drug, Inc.
400 S College St,
Mountain Home, AR 72653
District 4
Laura Beth Martin, Pharm.D.
Family Pharmacy
810 S. Main St.
Hope, AR 71801
District 5
Lynn Crouse, Pharm.D.
Eudora Drug Store
140 S. Main St.
Eudora, AR 71640
District 6
Stephen Carroll, Pharm.D.
Allcare Pharmacy
517 Main St.
Arkadelphia, AR 71923
District 7
John Vinson, Pharm.D.
Area Health Education Center
612 South 12th Street
Fort Smith, Arkansas 72901
District 8
Christy Campbell, P.D.
Lowery Drug Mart #2
123 Central Ave.
Searcy, AR 72143
2010 - 2011 Officers
President ..........................................................Mike Smets, P.D., Fort Smith
President Elect ..........................................Gary Bass, Pharm.D., Little Rock
Vice President ......................................Dennis Moore, Pharm.D., Batesville
Past President ..............................................Jan Hastings, Pharm.D., Benton
Area Representatives
Area 1 (Northwest) ..........Michael Butler, Pharm.D.., Hot Springs Village
Area 2 (Northeast) ..........................Brandon Cooper, Pharm.D., Jonesboro
Area 3 (Central) .............................Kenny Harrison, Pharm.D., Little Rock
Area 4 (Southwest/Southeast) ......................Mike Stover, Pharm.D., Rison
Ex-Officio MembersAPA Executive Vice President ..............................................................................................................................................Mark Riley, Pharm.D., Little Rock
Board of Health Member ................................................................................................................................................................John Page, P.D., Fayetteville
Board of Pharmacy Representative ............................................................................................................................Charles Campbell, Pharm.D., Little Rock
UAMS College of Pharmacy Representative (Dean) ....................................................................................Stephanie Gardner, Pharm.D., Ed.D., Little Rock
Harding College of Pharmacy Representative (Dean) ......................................................................................Julie Hixson-Wallace, Pharm.D., Ed.D, Searcy
UAMS College of Pharmacy Student Representative ........................................................................................................................Daniel Price, Little RockHarding College of Pharmacy Student Representative........................................................................................................................Celia Proctor, Little Rock
APA’s Academy of Consultant Pharmacists
President ................................................Larry McGinnis, Pharm.D., Searcy
President Elect ........................................Muncy Zuber, P.D., Heber Springs
APA’s Academy of Compounding Pharmacists
President ..................................................Mark Shinabery, P.D., Little Rock
President Elect ..................................................................To Be Announced
The Arkansas Pharmacist 3
Contents
Mark S. Riley, Pharm.D.
Executive Vice President
Barbara McMillan
Director of Administrative
Services & Meetings
Scott Pace, Pharm.D.
Associate Executive Vice President
Debra Wolfe
Director of Public Affairs
Helen Hooks
Communications Specialist
Celeste Reid
Administrative Assistant
APA Staff
PharmacistArkansas Pharmacists Association
417 South Victory
Little Rock, AR 72201
501-372-5250
501-372-0546 Fax
The Arkansas Pharmacist (ISSN 0199-3763) is
published quarterly by the Arkansas Pharmacists As-
socia tion, Inc. It is distributed to members as a reg-
ular service paid for through allocation of
membership dues ($5.00). Non-members subscrip-
tion rate is $30.00 annually. Periodical rate postage
paid at Little Rock, AR 72201.
Current edition issue number 51.
POSTMASTER:
Send address changes to
The Arkansas Pharmacist
417 South Victory
Little Rock, AR 72201.
EDITOR:
Mark Riley, Pharm.D.
Executive Vice President
ART & DESIGN EDITOR:
Helen Hooks
Communications Specialist
Opinions and statements made by contributors, car-
toonists or columnists do not necessarily reflect the
attitude of the Association, nor is it responsible for
them. All advertisements placed in this publication
are subject to the approval of the APA Executive
Committee.
From the President......................................................................................4
The Executive’s Perspective ......................................................................5
Harding Report ..........................................................................................8
Member Classified Advertising..................................................................9
Medicaid Alert ..........................................................................................11
Safety Nets................................................................................................24
AAHP Report ..........................................................................................25
Compounding Report ..............................................................................27
In Memoriam............................................................................................27
UAMS 2010 Salary Survey ......................................................................28
Calendar of Events ..................................................................................31
APA Board of Directors Minutes..............................................................32
Rx and the Law ........................................................................................36
2010 Convention Highlights ....................................................................12
2010 District Meeting Schedule ..............................................................23
Features
Departments
Pace Alliance ............................................................................................6
EPIC Rx ....................................................................................................7
Pharmacists Mutual ................................................................................10
Arkansas Pharmacy Foundation Legacy ................................................26
Bio-Tech Pharmacal ................................................................................34
Arkansas Pharmacy Support Group ........................................................34
Cardinal Health........................................................................................35
Logix, Inc.................................................................................................37
Pharmacy Quality Commitment ..............................................................38
Index to Advertisers
The Arkansas
Office E-mail Address
The Arkansas Pharmacist4
From the PresidentNational, State and Local Politics
Some Common Misconceptions
Healthcare reform is passed and in the books and is now out of our hands
Well not exactly. Although pharmacy as a whole faired pretty well in the new
legislation, there are challenges and opportunities to deal with in its implementa-
tion. In a recent visit to Washington DC we were told that we would experience
“healthcare fatigue”, in that members of congress would not really want to talk
anymore about healthcare and the new bill, but this was not the case. The real
work is just now beginning, as politicians, agencies and bureaucrats interpret and
begin to implement the new law. Continued contact with our elected representa-
tives is more important than ever to make sure that the concerns for and value of
our profession is understood. They can have just as much or more impact during
the implementation phase of the new law as they did in the debate and the vote.
I urge you to keep up with the initiatives and goals being pursued by NCPA and
the other national Pharmacy organizations concerning the new healthcare law.
With the departure of Marion Berry and Vic Snyder, and either Blanche Lincoln
or John Boozman, the Arkansas delegation will have some new faces for next
year. It is very important that we establish relationships and maintain the credi-
bility that we now enjoy with these new folks – and that starts with you and me
– their constituents.
Its summer – no need to talk to state representatives
Summer is really a good time to get to know these folks. With the term limit situation in Arkansas, each year
brings a bunch of new faces to Little Rock in the fall and I think its just good manners to meet and introduce
yourself to a state representative before you start asking for their help. Maybe even talk about other non-phar-
macy issues which are important to you or see if you can help them out on something or just say “Hi, thanks for
taking on the job”. They will be busy during the session and if they recognize a name they will be more likely
to stop and listen on a hectic day. APA will have some legislative initiatives and we will really need your help
contacting and talking to your representatives at that time. On the APA web site there are all the tools needed to
be communicate effectively during the upcoming session. Under “site updates” there is a great little list of 10
rules for talking to a legislator. Now is a good time to update your e-mail and contact lists of your state local
and national representatives.
Local politics don’t really affect our profession.
Do you fill any prescriptions for city or county employees? Do you want your city to be attractive to new busi-
ness and growth? Do you think its wrong for a city to endorse mail order prescriptions? Do you want your cus-
tomers and their families to stay in the community and thrive? If you answered yes to any of these questions
then local politics does matter. Get to know your councilmen and mayor. These people are really the most ac-
cessible elected representatives we have and mostly they really to like to hear from us. City meetings are al-
ways posted and open to the public and just by being there occasional, you send a message that you care and
need to be listened to when the time comes.
I don’t know enough to talk to a CEO and HR person about how the choose and evaluate their PBM
Yes you do. You probably know more than they do about the truth and how pharmacy is reimbursed for our
services. How about a couple simple questions, such as “What does your PBM do with its rebate money?” or
“How much if any do you really save by using mail order?” Always remember that our Executive Vice Presi-Continued on pg. 7
Mike Smets, P.D.
Coleman Pharmacy
Fort Smith, AR
The Arkansas Pharmacist 5
The Executive’s Perspective
Summer has officially started, and while that means days off of school for kids all
across the state, there is no summer break from dealing with the myriad of issues
that affect the profession of pharmacy. Two key items that the APA will be work-
ing on over the summer are e-prescribing of controlled substances and healthcare
reform.
On June 1st, an Interim Final Rule went into effect that allows controlled sub-
stances to be written and transmitted through electronic prescriptions. It has taken
industry groups upwards of five years to get the DEA to promulgate rules that
allow the electronic transmission of controlled substances. While it is now legal
for prescribers to write e-prescriptions for controlled substances and for pharma-
cists to receive them, this rule is still an Interim Final Rule. This simply means
that groups, like the APA will continue to look for ways to improve the rule and
make it more efficient for providers and their software vendors.
Healthcare reform continues to be a hot topic. The President signed reform into
law this Spring, but many of the changes do not take effect until 2014. In the
meantime, regulatory agencies will be promulgating rules and regulations that will add more specifics to the
new law. APA will be watching this process closely to ensure that pharmacists in all practice settings are not ad-
versely affected by the regulations.
Moving forward, I encourage all of you to keep an eye on your state and local elections in November. As the
candidates come to your cities and towns, make sure you take the time to visit with them. Let them know that
you are a pharmacist and that you will support candidates who support our profession and our patients. We will
have at least three new Congressmen for the first time in decades next year and now is a great time to build a re-
lationship with the candidates. It will pay dividends for years to come.
On a personal note, I want to sincerely thank everyone who helped me during my campaign for the Arkansas
House of Representatives. We ran a very strong campaign, emerging from a crowded four-way field to make
the runoff election. We narrowly lost the runoff by 313 votes. It was a great experience, and I am proud of the
campaign we ran and I look forward to finding an opportunity down the road to give it another shot.
Scott Pace, Pharm.D.
Associate Executive
Vice President
The Arkansas Pharmacist 7
dent, Mark Riley, will help in any way he can, including coming to your town to meet with those companies
along with you.
I’m just a staff pharmacist so I don’t need to do this stuff.
If you like your job and want you company to stay in business and you want the best for your patients then you
really do need to do this stuff. If you go to church with a state representative or a councilman or your
kids/grandkids play little league with the mayor's kids/grandkids let them know that you are available to help
them on pharmacy or healthcare issues with you expertise. You can establish a relationship just a well as an
owner can – and maybe even better since you won’t be seen as having such a vested interest in legislation. At
the very least make sure your contact file is up to date so you can weigh in on issues with our legislators as they
come up this session as APA notifies you. As we have demonstrated in the past, just the sheer number of calls
on an important issue does greatly count with these folks.
APA presidents enter their term full of dread and trepidation
Actually I am very excited and honored to start the job. I can’t wait to hit the road in September and meet more
Arkansas pharmacists and see more of our beautiful state. As usual there are great challenges and opportunities,
(some yet to even appear – did mention that this is an Arkansas Legislative session year?) APA will of course
be trying to accomplish some things in this year’s session and I will need you help and ideas.
President - Continued from pg. 4
The Arkansas Pharmacist8
Harding ReportSummer may be upon us, but things are still quite busy at the college of phar-
macy at Harding! While we do not offer any didactic courses during the summer
for pharmacy students, our pharmacy practice faculty continue through the sum-
mer teaching pharmacology for the physician assistant (PA) program at Harding.
Both pharmacy practice and pharmaceutical sciences faculty also devote more
time to their ongoing scholarship and research activities during the summer
months. This includes working with students, both pharmacy and undergradu-
ate, to continue or complete projects. Additionally, several of our rising second
and third year pharmacy students are out completing their introductory pharmacy
practice experiences (IPPEs) in hospital and ambulatory care sites, respectively.
About 50 percent of the class chooses to complete their IPPEs during the sum-
mer months, with about three-fourths of these doing so in Arkansas and the other
fourth participating at sites in other states. Finally, the college’s service activi-
ties keep going strong throughout the summer with faculty practicing at their
clinical sites and students participating in pharmacy service-learning activities,
such as volunteer work at charitable clinics, throughout the state.
A small group of students has chosen to participate in the School on Alcoholism and Other Drug Dependencies
at the University of Utah being held June 20-25, 2010. The school occurs annually and teaches students of vari-
ous disciplines the most up-to-date techniques for working with individuals with alcoholism and other drug de-
pendencies. This is the second year Harding students have attended the University of Utah school. Students
who attended last year shared what they learned with their fellow pharmacy and PA students during chapel ses-
sions in 2009-2010 and felt it was a “life-changing” experience.
Four new faculty members will be joining the college over the summer; two in the department of pharmacy
practice and two in the department of pharmaceutical sciences. Dr. Ashley Earley is a 2002 graduate of the
UAMS College of Pharmacy who comes to us after completing a pharmacy practice residency at the Central
Arkansas Veterans Healthcare System this past year. Dr. Todd Brackins received his B.S. in pharmacy from the
University of Louisiana at Monroe and his Pharm.D. from the UAMS College of Pharmacy and comes to us
after spending the last 20 years working for Eli Lilly. Dr. Josh Brown received his B.S. in chemistry from UCA
and has just completed his Ph.D. in pharmaceutical sciences with an emphasis in medicinal chemistry at the
University of Tennessee in conjunction with St. Jude Children’s Research Hospital. Dr. Landry Kamdem re-
ceived his Pharm.D. from State’s Academy of Chemistry and Pharmacy in St. Petersburg, Russia and his Ph.D.
in life sciences, with a focus in biochemical and clinical pharmacology, from Georg-August University in Goet-
tingen, Germany and comes to us following four years of post-doctoral fellowship at St. Jude Children’s Re-
search Hospital and Indiana University. We are very pleased to have these four, very talented individuals
joining our faculty and know they will further contribute to the excellent group of faculty we have already as-
sembled.
Another exciting development for the college is the first pharmacy practice resident associated with Harding
who will be starting this summer. Dr. Marty Lute, a 2010 graduate of the UAMS College of Pharmacy, will be
completing a newly established residency program with White River Rural Health Center (WRRHC). Dr. Lute
will rotate her time between various ones of the 20 clinics within the WRRHC system as well as at the college
engaging in academic pursuits.
Much is happening in the college of pharmacy at Harding and we’re excited about the strides our faculty and
students are making in advancing the profession of pharmacy in Arkansas and beyond!
~ Julie Hixson-Wallace, Pharm.D., BCPS
The Arkansas Pharmacist 9
Member Classified AdvertisingLooking For Work
Looking for work, full time preferred, in North Central Arkansas.
Contact: Paul Scott, PD , 870-449-6692, Yellville.
Pharmacist In Charge Wanted
Immediate Opening
Kroger in Blytheville AR is looking for a Pharmacist in Charge.
Excellent pay, bonus potential, and benefits. If interested please
contact Jamie Shoemaker at 501-516-2301 or
For Sale
Four sections of metal wall shelving
8 ft. height
4 ft. width
Call Will (870) 836 8176
Best Relief Pharmacist In Arkansas Available
I am available to do relief work Mondays through Thursdays. I
will of course work an occasional Friday and Saturday on special
request and will of course work vacations. Would prefer Little
Rock metropolitan area and as far south as my license is legal. If
your customers and staff don't tell you the next day that I was the
best relief pharmacist that ever worked for you, the day is FREE.
You can reach me at 870-543-0841 or by e-mail at
[email protected] - Frank Williams
Relief Pharmacist
Pharmacist available for relief for vacations or occasional day
off. I have over 40 years retail experience with 25 years as the
owner of an independent compounding pharmacy. Can cover the
River Valley and Ouachita areas. Call John Csiha; cell number:
479-355-0371
Pharmacist Needed
Looking for part time pharmacist for an independently owned
pharmacy in Searcy, Arkansas. Please contact Scott Stanley,
Pharm.D. at the following contact information; 501-281-1374,
Stanley Pharmacy P.O. Box 2039 Searcy, AR 72145, or
Pharmacist Needed
We are looking for a full-time or part-time pharmacist for an
independently owned pharmacy in Paris, AR. Please call
Elizabeth at 479-963-1555.
For Sale
All items located in Rison, AR
Lighted wall fixtures - 70 total feet
5 ft gondolas - 10 total
lexmark T640 printer - 1 total
credit card terminal - 1 total
Contact: Roth E. Rabb, P.D. @ 870-718-9482 or after 6:00 p.m.
870-325-6836
Independent Pharmacies Wanted
Independent pharmacist interested in purchasing independent
pharmacies in Arkansas. Pharmacies will remain independent
after purchase. Purchaser has solid independent pharmacy
background.
If interested in selling your pharmacy, please contact Vance at
870-897-1204 or via e-mail at [email protected].
Volunteer Pharmacists Needed
Shepherd’s Hope Neighborhood Health Clinic is a ministry of
Fellowship Bible Church and Oak Forrest United Methodist
Church serving uninsured and indigent patients in the South
Midtown area of Little Rock. The Clinic is located at 2404 Tyler
Street (behind Oak Forrest). The hours of operation are 6:00pm to
8:30pm every Tuesday and Thursday night. Current needs are
pharmacists willing to volunteer every 4 weeks. If you are
available to volunteer and help with this ministry, please contact
Bren May at 501-993-0729. Thank you!
IVANRX4U, Inc.,
Pharmacist Relief Services, Career Placements.
Relief pharmacists needed - FT or PT. Based in Springfield, MO
and now in Arkansas. Staffing in Missouri, Arkansas, Eastern
Kansas and Oklahoma. We provide relief pharmacists for an
occasional day off, vacations, emergencies -- ALL your staffing
needs. Also seeking pharmacists for full or part-time situations.
Please contact Tracy Byrd, Marketing and Recruiting Director, or
Mike Geeslin, President for information regarding current
openings throughout Arkansas - temporary as well as permanent
placements. Let IvanRx4u help staff your pharmacy, call
417-888-5166. We welcome your email inquiries, please feel free
to contact us at: [email protected] or
Pharmacist in Charge Wanted
Competitive salary with up to 3 weeks paid vacation and major
medical coverage plus 401K plan. Great schedule - Monday thru
Friday, hours 9:00 a.m. to 6:00 p.m. Contact Alan Tweddell at
870-931-2881 or send resume to:
Country Mart Pharmacy,
208 Lincoln Dr., Fredericktown, MO 63645
Positions to be filled in S.E. Missouri.
Relief staffing available through Staff RPh, Inc.
We provide quality pharmacists and technicians that you can trust
for all your staffing needs. Our current service area includes AR,
TX, OK and TN. For more information call Rick Van Zandt at
501-847-5010 or email [email protected].
Pharmacy for Sale
In beautiful North Arkansas. Established in 1974. Family owned
with exceptional reputation in dynamic community. Excellent
schools, recreational & retirement center, golf courses, lakes,
rivers, 2.5 hours from Little Rock, AR; Memphis, TN; and
Springfield, MO. Pharmacy is ideally located: a) across from
doctor’s complex and new treatment, diagnostic, and emergency
facility, b) next door to ophthalmologist and optometrist. Contact
Mike Sprague at 512-799-5265.
The Arkansas Pharmacist 11
Meicaid Alert
Division of Medical Services
Program Development & Quality Assurance P.O. Box 1437, Slot S-295 · Little Rock, AR 72203-1437
501-682-8368 · Fax: 501-682-2480 ·
OFFICIAL NOTICE
TO: Health Care Providers - Pharmacy DMEPOS Suppliers
DATE: June 1, 2010
SUBJECT: Extension for Pharmacy DMEPOS Supplier Accreditation Requirements
Per federal regulations, pharmacy providers of durable medical equipment, prosthetics, orthotics and suppliers (DMEPOS) have received an extension of time to acquire Medicare accreditation. The new date for accreditation or exemption is January 1, 2011. As such, for pharmacies only, Arkansas Medicaid has extended the deadline for submission of the required information to February 1, 2011. All Arkansas Medicaid Pharmacy DMEPOS providers must provide a copy of their Medicare accreditation, surety bond or reason for exemption to Arkansas Medicaid Provider Enrollment by February 1, 2011. If the requested information is not received by February 1, 2011, the Arkansas Medicaid provider number will be canceled. Please mail or fax to: Medicaid Provider Enrollment Unit HP Enterprise Services P.O. Box 8105 Little Rock, AR 72203-8105
Fax Number: (501) 374-0746
Thank you for your participation in the Arkansas Medicaid Program.
If you need this material in an alternative format, such as large print, please contact our Americans with Disabilities Act Coordinator at 501-682-8323 (Local); 1-800-482-5850, extension 2-8323 (Toll-Free) or to obtain access to these numbers through voice relay, 1-800-877-8973 (TTY Hearing Impaired).
If you have questions regarding this notice, please contact the HP Enterprise Services Provider at In-State WATS 1-800-457-4454, or locally and Out-of-State at 501-376-2211. Arkansas Medicaid provider manuals, official notices and remittance advice (RA) messages are available for downloading from the Arkansas Medicaid website: www.medicaid.state.ar.us.
Eugene I. Gessow, Director
The Arkansas Pharmacist12
Convention Highlights
Thanks to Our Convention SponsorsAAHP
AmerisourceBergen
APA Consultant Academy
East End Pharmacy
Epic Pharmacies
Fort Smith Convention & Visitors Bureau
GlaxoSmithKline
Healthcare Computer Corporation
NASPA and Proctor & Gamble
Pace Alliance
Pharmacy Compounding Accreditation Board
Rx Systems
UAMS Alumni Association
UAMS College of Pharmacy
The Arkansas Pharmacist14
Convention Golf Tournament
The Arkansas Pharmacist 15
Convention Exhibitors
2010 Exhibitors
Harding College of Pharmacy
QS/1
Smith Drug
EPIC Pharmacies, Inc.
Scott Specialties
PBA Health
Manchac Technologies
Rx Solutions
Bio-Tech Pharmacal, Inc.
Rx Master Pharmacy Systems
Robert P. Potts & Associates
Merck
Takeda Pharmaceuticals
H.D. Smith
Regina’s Gifts
IVANRx4U, Inc.
Berry Plastics Corporation
Santarus
Cardinal Health
Novo Nordisk, Inc.
AAHP
Astellas Pharma US
Liberty Computer Service
McKesson Corporation
Arkansas Healthcare Access Foundation
Harding University Students
Hospira
Gilead Sciences
Sanofi Aventis
Rx Systems
Langermania
TOP Rx, Inc.
MEDA Pharmaceuticals
PharMEDium Services, LLC
Genentech
Windsor Health
AmerisourceBergen
Retail Designs
Morris & Dickson
Pharmacists Mutual Companies
Custom Country Candles
UAMS College of Pharmacy
GlaxoSmithKline
Data Rx Management, Inc.
Karaoke Party
Karaoke Party
In appreciation of APA’s
Wholesale Partners
AmerisourceBergen
McKesson
Morris & Dickson
Smith Drug
The Arkansas Pharmacist 17
CE Sessions
Pharmacists from all over Arkansas earned as many as 18 hours of continuing education credit at the 128th An-
nual APA Convention at the Fort Smith Convention Center, June 24th – 26th. Convention attendees participated
in educational sessions that covered a wide range of topics, such as: hyperglycemic crisis, antibiotic resistance,
hypertension guidelines, Arkansas pharmacy law update, immunization update, and collaborative practice cre-
dentialing. In addition, Dan Weston from GlaxoSmithKline gave a great keynote address entitled “The Value of
Medicines: A Triple Solution for a Healthier America.” APA would like to extend our thanks to all of the speak-
ers who helped to make this year’s convention
CE so successful.
The Arkansas Pharmacist18
An Evening with the Presidents
Miss Laura’s Players perform at
“An Evening with the Presidents”
below: Dr. Richard Hanry wins a
“nights stay” at Miss Laura’s
Ray Baker, Mayor of Fort Smith, presents
a Key to the City to both Dr. Jan Hastings
and her husband
Leiutenant Terry Hastings
Dr. Mike Smets presents Dr.
Jan Hastings with the
“Outgoing Presidents
Award.”
left: Dr. Jan Hastings
passes the
President’s Gavel to
Dr. Mike Smets as
he becomes the
2010 - 2011 APA
President
right:Dr. Mike Smets
places the “Past
President’s Pin”
on Immediate
Past President,
Dr. Jan Hastings.
Mayor Ray Baker officially
proclaims June 23rd through
June 26th, 2010 Arkansas
Pharmacists Association
Convention Days.
Dr. Mike Smets presents Dr. Jan
Hastings with the “Outgoing
President’s Plaque.”
The Arkansas Pharmacist 19
Friday Night Party
This years Friday Night Party was truly a blast.
Immediately following the banquet,
attendees were shuttled by street cars to
“2nd Street Live” for desserts and musical
performance by the Drugstore Cowboys.
Everyone seemed to have a great time.
The Arkansas Pharmacist20
Award Winners
2010 Award Winners
Dr. Richard Hanry
Medic Pharmacy
El Dorado, AR
Dr. Ronnie Norris
Drug Mart Pharmacy
McGehee, AR
Dr. Maggie Miller
White River Medical Center
Batesville, AR
Dr. Rob Christian
Baptist Health Medical Center
North Little Rock, AR
Bryna McKenna
P-4 Pharmacy Student
UAMS College of Pharmacy
Dr. Baker Coulter
Baker’s Pharmacy
Crossett, AR
Pharmacist
of the Year
Bowl of Hygeia
Distinguished
Young Pharmacist
Charles M. West
Leadership Award
Innovative
Pharmacy Practice
Award Arkansas State
Board of Pharmacy
50 Year
Gold Certificate
The Arkansas Pharmacist 21
Incoming APA Board Members
2010 Incoming Board Members
Dr. Mike Smets
Fort Smith
Dr. Gary Bass
Little Rock
Dr. Dennis Moore
Batesville
Dr. Michael Butler
Hot Springs Village
Dr. Brandon Cooper
Jonesboro
Dr. Stephen Carroll
Arkadelphia
Dr. Mark Shinabery
Little Rock
President President Elect Vice President
Area 1
Representative
Area 2
Representative
District 6
President
Compounding
Academy
President
The Arkansas Pharmacist22
AP-PAC Luncheon
This luncheon is not only a fundraiser for our PAC, but also serves as a venue to dissiminate information about
the political landscape to APA members who are dedicated to making APA successful in the political arena. We
were thriled to have the Honorable John Boozman as our featured speaker this year. Congressman Boozman
addressed political concerns effecting pharmacy in the upcoming elections in November. After speaking, he
answered questions for several minutes.
Approximately 60 people attended Saturday’s Arkansas
Pharmacists Political Action Committee (AP-PAC) luncheon as
part of the 128th APA Annual Convention.
DATE DISTRICT TIME LOCATION PRESIDENT PHONE NO.
Sept. 7
Tuesday5 7:00pm
Pine Bluff
Pine Bluff Country ClubLynn Crouse 870-355-2046
Sept. 8
Wednesday6 7:00pm
Hot Springs
Clarion Resort on the LakeStephen Carroll 870-403-9400
Sept. 9
Thursday6 7:00pm
Russellville
Arkansas Tech University
(East Banquet Room)
Stephen Carroll 870-403-9400
Sept. 14
Tuesday6 7:00pm
Monticello
Monticello Country ClubLynn Crouse 870-355-2046
Sept. 15
Wednesday4 7:00pm
Camden
Camden Country ClubLaura Beth Martin 870-777-2263
Sept. 16
Thursday4 7:00pm
Texarkana
Park Place RestaurantLaura Beth Martin 870-777-2263
Sept. 21
Tuesday2 7:00pm
Forrest City
Forrest City Country ClubBrent Panneck 870-237-8215
Sept. 22
Wednesday2 7:00pm
Jonesboro
St. Bernard’s Auditorium Brent Panneck 870-237-8215
Sept. 23
Thursday1 7:00pm
Little Rock
Chenal Country Club Eddie Glover 501-327-1222
Sept. 27
Monday8 7:00pm
Batesville
Lyon College Ed. Dining HallChristy Campbell 501-268-1900
Sept. 28
Tuesday3 7:00pm
Flippin
Sodies @ Flippin PharmacyDanny Ponder 870-425-5145
Sept. 29
Wednesday3 7:00pm
Bentonville
DoubleTree Hotel Danny Ponder 870-425-5145
Sept. 30
Thursday7 7:00pm
Fort Smith
Hardscrabble Country ClubJohn Vinson 479-424-3166
2010 District Meetings Schedule
The Arkansas Pharmacist24
Safety Nets
A patient presented the orig-
inal prescription illustrated
in Figure One to a pharmacy
technician. The technician
entered the prescription in-
formation as Lamictal®
(lamotrigine) 150 mg, quan-
tity 30, with directions to the
patient of “take one tablet every morning”. The same
technician filled the prescription and
placed it in line for pharmacist verifi-
cation and counseling. The pharmacist
on duty had developed a particular in-
terest in look-alike, sound-alike med-
ication names and the potential hazards
they posed to patients. As this pharma-
cist began examining the filled pre-
scription for accuracy, the possibility
of a look-alike, sound-alike mix-up be-
tween Lamictal® and Lamisil®
(terbinafine) immediately came to
mind. After remembering that Lamisil® tablets are
only available in a 250 mg strength, the pharmacist de-
cided that this order had been correctly filled for Lam-
ictal® 150 mg tablets.
The pharmacist who sent this report to Safety Nets
then took an extra stop to protect the patient. Before
counseling about Lamictal®, the pharmacist asked the
patient why she had gone to the physician. The pa-
tient replied that she was being treated for a toenail
fungus. At the point, the pharmacist realized the pre-
scribed medication was, in fact, the antifungal
Lamisil®, not the anticonvulsant Lamictal®. After
physician verification, the prescription was correctly
filled for Lamisil® 250 mg tablets and the patient ap-
propriately counseled. Not only was the patient
started on the way to recovering from a persistent fun-
gal infection, she was shielded from
needless exposure to adverse effects
associated with Lamictal®.
Numerous issues of Safety Nets have
focused on the problems associated
with medication names that look
and/or sound alike. With every newly
marketed medication, the possibility
exists that a health care professional
will misinterpret the new name for a
medication with an older more estab-
lished name. This is especially true if the medications
have other common elements such as strengths,
dosage forms and dosing intervals.
The pharmacist in this case is to be commended. His
diligence in comparing newly marketed medication
names with existing names created a valuable safety
net for his patients. Even though this pharmacist was
"Newly
marketed
medication
names may
cause confusion"
Safety Nets
Figure One
The Arkansas Pharmacist 25
AAHP Report
aware of the potential for confusion between Lamic-
tal® and Lamisil®, this knowledge did not prevent the
error from occurring. The root cause of the error was
the incorrectly written strength for Lamisil® (i.e. 150
mg instead of 250 mg). The incorrect strength initially
caused the pharmacist to misinterpret the prescribed
medication. This case demonstrates how easily look-
alike, sound-alike errors may occur.
Fortunately for this patient in this case, the pharmacist
practiced required Board of Pharmacy patient counsel-
ing. It was here the error was finally detected. Phar-
macists who do not practice counseling are not acting
in the best interest of their patients. Counseling re-
mains the last – and best – safety net for our patients.
AAHP Report
Jason Derden, President
AAHP 2010 Annual Fall Seminar
The Arkansas Association of Health-System Pharmacists (AAHP) will host
its 44th Annual Fall Seminar on October 7th and 8th, 2010 at the Holiday
Inn Airport Conference Center in Little Rock, Arkansas. AAHP will offer
over 10 hours of live ACPE accredited continuing education. The program
will include an exhibitor session, pharmacy technician and student sessions,
poster presentations, awards luncheon and more. The American Society of
Health-System Pharmacists (ASHP) will have representatives at the fall
seminar including a visit by the ASHP President. Please mark your calendar
for the AAHP 44th Annual Fall Seminar to be held on October 7th and 8th,
2010 at the Holiday Inn Airport Conference Center in Little Rock, Arkansas. Visit our website at www.aahpon-
line.org for future program details.
AAHP Technician Initiative
AAHP is currently hosting Technician Town Hall Meetings at institutions around the state to educate and gain
vital information regarding technician training, education, and certification. The information provided by phar-
macists and technicians will be used to promote the role of the technician as well as define the direction of the
profession. For more information regarding the Town Hall Meetings or to schedule a meeting please contact
Janet Liles at [email protected] or Jason Derden at [email protected].
Listserve of AAHP Members
AAHP in conjugation with ASHP is offering a Listserve for AAHP members. Many pharmacists are already tak-
ing advantage of this key resource. The majority of challenges we face within our individual organizations are
the same across the state. The Listserve can be your lifeline to connect with other pharmacist and share your ex-
periences. To join the Listserve, visit our website at www.aahponline.org.
Arkansas Association of Health-System Pharmacists
The Arkansas Pharmacist 27
Compounding Report
Counting by “Fives”
I am pleased to be your Academy president for the next two
years. As you are well aware, compounding is being threat-
ened by the FDA on two fronts - human prescribing and for
veterinary purposes.
I know many of you believe compounding is our sacred right,
but we must always fight to keep this. We are the experts of our
profession, not bureaucrats in Washington. Several pharmacists
from around the state met with the board this spring to discuss
issues in veterinary compounding. Nothing was set in writing, but stay tuned for future announcements.
I cannot tell you how many of my patients come into the store and comment how they appreciate what I do.
Compounding services are unique and reserved for pharmacists. We must be diligent in our efforts to protect our
profession. After all, did we go to school all those years to learn to count by five? We are respected and paid for
our knowledge, not by counting pills!
I hope to see many of you at the district meeting this fall. Feel free to contact me with any issues that you may
have at (501) 217-0000 or email at [email protected].
~ Mark Shinabery
In MemoriumDr. David Baker,
Conway, AR
Dr. Rodger Foust
Morrilton, AR
Dr. Debra McMaster
Hope, AR
Dr. Gene Pynes,
Maumelle, AR
Dr. Lloyd Woodard
Glenwood, AR
Dr. William Vondron
Johnson City, TN
The Arkansas Pharmacist28
2010 Salary SurveyIt’s hard to believe that the years pass so quickly. Dur-
ing the month of May, I enjoyed graduation
for the 18th time at UAMS. The com-
mencement ceremonies were a wonderful
celebration for our students, their fami-
lies, and friends. Prior to the Honors Con-
vocation, we surveyed the graduating seniors
regarding job opportunities as we have done in the past.
Dr. Paul Gubbins tabulated the data and the following
report reflects their responses. Even in the midst of one
of our toughest economic times in history, I am im-
pressed again by the strength of the job market for our
graduates. I congratulate our new pharmacists and hope
that their professional journey is marked with the core
values that we stress during their time at UAMS: re-
spect for others, integrity, creativity, excellence, and
teamwork.
Warm Regards,
Stephanie
Summary
• 104 UAMS COP P4 students completed the survey
• 90% have accepted a position
• 31 % believe the position opportunities available were excellent or good
• 60% have accepted a position in a community/retail setting
• 15 students have accepted a residency/fellowship position
• 12% will receive a sign-on bonus
• Approximately 51% will practice pharmacy in central Arkansas
• 18% of the students accepting positions will practice pharmacy or do a
residency out-of state, excluding residencies, 10.6% of the students
accepting positions will practice pharmacy out-of state
• Top benefits include: paid vacation, health insurance, retirement, and paid
holidays which are the same as in 2009; 5% of graduates will receive APA
membership dues paid by their employer
• Average salary for a pharmacist (excluding residency) position is $113,977;
an increase of $5,081 (4.7% increase) from 2009.
• Approximately 26% plan to own a pharmacy in the future
• Approximately 89% have student loans, with an average amount of $74,633
UAMS
College of
Pharmacy2010 Salary Survey Results
Paul O. Gubbins, Pharm.D.
Professor, UAMS College of Pharmacy
The Arkansas Pharmacist 29
Table 1: Demographics
Variable
Ages No. Students (%)
18-21
22-25 years old
26-30 years old
31-35 years old
36 or greater
0 (0%)
43 (40%)
46 (44%)
12 (12%)
3 (3%)
Gender
Male
Female
36 (35%)
68 (65%)
Marital Status
Single-no children
Single, with children
Married-no children
Married-with children
52 (50%)
1 (1%)
38 (37%)
13 (13%)
Plan to Own Pharmacy in Future
Yes
No
27 (26%)
77 (74%)
Table 2: Position Information
Accepted a position
Yes
No
94 (90%)
10 (10%)
Position requires moving to different city/state
Yes
No
36 (38%)
58 (62%)
Previous employment with employer (n=93)
Yes, as intern
Yes, during rotations
No, have no working relationship
36 (39%)
14 (15%)
43 (45%)
Ranking of Position Opportunities (n=101)
Excellent-found exact position wanted
Good-satisfied with opportunities
Fair-wish there were more opportunities
Poor-few opportunities
Very poor-trouble finding position
11 (11%)
20 (20%)
38 (38%)
27 (26%)
5 (5%)
The Arkansas Pharmacist30
Table 3: Salary Information by Position Environment
Position Environment# Students
n=931Mean Salary
Per Year Salary Range
Mean Number ofHours Worked
Per WeekIndependent 8 $113,314 2 $110,000-$120,640 38
Chain (e.g., USA Drug) 23 $116,024 $92,000 - $125,840 40
Mass Market (e.g., Wal-Mart) 20 $116,677 2 $111,200 - $124,800 40
SuperMarket (e.g., Kroger) 5 $121,064 $115,000-$125,000 41
Hospital Pharmacy (includes
outpatient pharmacies in institutions,
VA system)
15 $106,000 2 $92,000 - $122,720 38
Nuclear Pharmacy 1 - -
Residency/Fellowship 15 $40,182 $35,000 - $50,000 45
Graduate School (e.g., MS or PhD
program)- - -
Sales - - - -
Home Health 4 $112,850 $107,000-$125,000 -
Other 2 106,600 - -
For all students except those
completing residencies76 $113,977 $92,000- $125,840 39
1 One respondent did not provide a practice setting2 One respondent did not provide a salary
Table 4: Salary Information by Location in State*
Location
Number of Students Locating in the Area
(n=75) Mean Salary Per YearNorthwest AR (Fayetteville) 10 $119,192
North Central AR (Mountain Home) 1 -
Northeast AR (Jonesboro) 5 $114,408
West Central AR (Russellville) 2 -
Western Arkansas (Fort Smith) 4 $113,930
Central AR (Little Rock) 38 $111,056
East Central AR (Forrest City) 1 -
Southeast AR (Monticello area) 4 $120,790
Southwest AR (Hope) 0 -
Out of State 10 $117,140
*does not include residency positions
The Arkansas Pharmacist 31
Table 5: Benefits
Rank Benefit1 Paid Vacation (mean number of days = 13)
2 Health Insurance
T3Retirement Plan
Paid Holidays (mean number of paid holidays = 5)
5 Profit Sharing
6 Paid Liability Insurance
T7CE Expenses Paid by Employer
Paid License Fees
9 Shift Differential
10 Sign on Bonus (n=11; mean bonus = $12,938)
T11Other Bonuses (e.g., tuition, bonus based on profit)
Moving Expenses
13 Arkansas Pharmacist Association Dues Paid by Employer
14 Other*
*other includes 401K, payment for NABPLEX, Store Discounts, Dental & Life Insurance, Travel
expenses for meetings
Calendar of EventsAUGUST
August 12 - 14, 2010
APA Board of Directors Retreat
Rockwall, TX
August 24, 2010
Student Picnic
Sherwood Forrest
Preceptors Invited
SEPTEMBER
September 7 - 30, 2010
APA Annual District Meetings
OCTOBER
October 7 - 8, 2010
AAHP Annual Fall Seminar
Holiday Inn Airport
Little Rock, AR
October 23 - 27, 2010
NCPA Annual Convention
Pennsylvania Convention Center
Philadelphia, PA
Calendar of Events
The Arkansas Pharmacist32
APA Board of Directors MinutesMinutes
Arkansas Pharmacists Association Board of Directors
March 21, 2010
Hosto Center
Little Rock, Arkansas
Members Guests and Staff
Dr. Jan Hastings – presiding Dr. Gary Bass Dr. Cindy Stowe
Dr. Mike Smets Dr. Brent Pannick Harold Simpson – legal counsel
Dr. Paul Holifield Dr. Michael Butler Barbara McMillan
Dr. Kenny Harrison Dr. Danny Ponder Dr. Scott Pace
Dr. John Vinson Dr. Mark Riley Debra Wolfe
Ms. Celia Proctor Dr. Lynn Crouse Dr. Richard Hanry - treasurer
Ms. Colin Ward Dr. Buzz Garner
Dr. Jason Derden Dr. Dennis Moore
Dr. Mike Stover
CONSENT ITEMS
President Jan Hastings called the meeting to order at 9:35 a.m.
President Hastings requested Dr. Gary Bass to lead the invocation.
President Hastings asked the APA Board to review the minutes from the December 2009 meeting. A motion
was made and seconded to approve the minutes as amended. The motion passed.
DISCUSSION ITEMS
Meeting Updates
Barbara McMillan reported that convention will be held in Fort Smith in June 23-26, 2010. The convention will
be held at the new convention center. The Board meeting will be held at the Marriott. The convention will be
western theme. There will be 18 hours of CE at the convention, including the new collaborative practice cre-
dentialing program.
Ms. McMillan also reported that the 2010 APA Board retreat will be August 12th-14th at the Hilton Resort in
Rockwall, TX, just outside of Dallas.
Harding College of Pharmacy Report
Dr. Julie Hixson-Wallace reported that ACPE was on campus on March 3rd and 4th and the visit went well.
The College is currently recruiting for 3 pharmacy practice faculty and 2 pharmaceutical science positions. The
College has filled its 2010-2011 incoming class.
UAMS College of Pharmacy Report
Dr. Cindy Stowe reported that the College took 75 students to the national APhA meeting in D.C. The chapter
won multiple awards and Dr. Eddie Dunn was awarded faculty advisor of the year. Ms. Collin Ward received a
national student leadership award.
Dr. Stowe reported 300 applicants for the 2010-2011 school year, and the College will be admitting the class
within the next month.
The Arkansas Pharmacist 33
Arkansas Association of Health-System Pharmacists Report
Dr. Dearden reported that AAHP is working on the 2010 Fall Seminar, October 7th & 8th at the Little Rock
Holiday Inn Airport. AAHP is also working on ASHP’s technician initiative. Dr. Lynita Shaver is working on
the residency taskforce.
Arkansas State Board of Pharmacy Report
Dr. Mark Riley reported in place of Dr. Charlie Campbell. Dr. Riley gave an update on an issue involving the
DEA. The DEA has enforced a provision in federal rules that prevents employees of long term care facilities
from being agents of a physician for the purpose of calling in controlled substances.
Dr. Kirtley also noted the collaborative practice regulation changes have gone into effect and the first certifica-
tion program will be held in January at the UAMS College of Pharmacy.
The Board has formed a committee to look at how narcotic loss reporting is currently being handled. The com-
mittee will convene in early 2010 to investigate this issue.
Healthcare Reform/DME Accreditation
Dr. Scott Pace reported that the House of Representatives is voting on Healthcare Reform legislation today. The
bill includes several pharmacy friendly provisions, including a DME certification exemption, grant programs
for MTM, PBM transparency, and changes to the definition of AMP.
Special Committee on Medicaid
Dr. Mark Riley reported that the APA convened a special committee on Medicaid funding to address the $400M
shortfall in the Arkansas Medicaid program. The committee held multiple meetings in person and on confer-
ence calls and made a recommendation to the Arkansas Department of Human Services as a way to help control
Medicaid prescription drug costs.
AR-BCBS
Dr. Riley reported that the APA and AR-BCBS have entered into discussions to see how the pharmacists of
Arkansas and BCBS can partner together to improve pharmacy benefits in Arkansas. Discussions will be ongo-
ing over the next year.
Employer’s Health Coalition
Dr. Riley reported that the Employer’s Health Coalition will be evaluating data with RxResults to see the impact
of the exclusive deals that they have made with Walmart and Walgreens.
State Worker’s Comp
Dr. Riley reported that the APA continues to work with the Arkansas Insurance Department to optimize
processes and expenses within the program.
Miscellaneous
Dr. Pace reported on the four congressional races, the United State Senate race, and the myriad of state races for
the 2010 election year.
Dr. Riley reported that the APF Golf Tournament will be held at Tannenbaum Golf Course on Thursday, April
22nd.
Dr. Riley also reported that the APA will host a fundraiser for Governor Beebe’s re-election campaign on Thurs-
The Arkansas Pharmacist34
day, March 25th at LaVada’s in North Little Rock.
ACTION ITEMS
Financial Report
Dr. Richard Hanry reported on the financials of the APA. He reported that the APA is working within the
budget and all the financials are looking on target. Dr. Hanry submited the financials for acceptance. There
was a motion and a second. The motion carried.
Adjournment
A motion was made and seconded to adjourn the meeting at 11:45am. The motion passed.
APA Foundation Board
March 21, 2010
Dr. Jan Hastings convened the Foundation Board at 12:00 p.m. on March 21, 2010.
The Board made a motion to accept the actions of the Foundation Board. The motion was passed.
A motion was made to adjourn the meeting at 12:15 p.m., motion passed.
The Arkansas Pharmacist36
Rx and the Law
As a pharmacist, you are aware that if you dispense an
incorrect medication, you must take care of the pa-
tient. This normally includes apologizing for the error,
correcting the mistake, and contacting the patient’s
physician. These are all important, but you may forget
that you also need to take care of yourself. If a patient
receives an incorrect medication, there is always a
chance they could sue you. That is why it is so impor-
tant to gather and preserve all relevant information
about that incident.
The best thing you can do after a dispensing error has
occurred is to thoroughly document the situation. It is
recommended that you record the following: how the
error occurred, the date the error occurred, the date the
error was discovered by the patient, the date the error
was brought to the pharmacy’s attention, the amount
of doses the patient believes they ingested, the amount
of doses returned to the pharmacy, and the names of
anyone you spoke to while resolving the issue. Docu-
ment all conversations with the patient or the care-
giver. Don’t use an abbreviated form of
documentation. Use complete words and sentences. It
may be easy for you to recall all of the details now, but
it could be a year or more before a lawsuit is filed.
After filling thousands of prescriptions and handling
other problems, it may be impossible for you to re-
member anything about that specific incident. To be
safe, all documentation should allow a party who was
not involved to fully understand the situation.
It is worth mentioning a second time to document the
amount of doses the patient brought back to the phar-
macy and preserve the physical evidence. Too often a
pharmacist will verify the patient received the incor-
rect prescription and then dispose of the medication.
They have just disposed of a valuable piece of evi-
dence. The number of doses returned to the pharmacy
can help establish the maximum number of doses the
patient could have ingested. At any time in the future,
if the patient claims they took a specific quantity of
capsules/tablets, you will be able to confirm or deny
this claim with your documentation and the returned
prescription vial. Count the tablets and save the bot-
tle. Treat this as evidence by placing it in an envelope
and sealing it with your initials on the closure.
The production of evidence in litigation is governed
by the Rules of Civil Procedure. The rules require a
party to preserve evidence in a number of situations.
It could be in situations of actual pending litigation or
when a party is put on notice of a potential claim. It is
also a requirement to keep evidence if a party reason-
ably anticipates that the information might be needed
for future reference. As you can see, the requirement
to preserve evidence is broad. It can be argued that a
patient returning to the pharmacy with incorrect med-
ication that resulted in an injury creates a situation
where litigation is reasonably foreseeable. The best
practice is to assume this is true and preserve the evi-
dence.
Spoliation is the destruction or significant alteration of
evidence in a case. What happens if you don’t pre-
serve evidence? The rules also provide the sanctions
available when spoliation occurs. These sanctions run
the gamut from reprimands, findings of contempt, up
to dismissal of a case. Generally, it will take an egre-
AND THE LAW By Don. R. McGuire Jr., R.Ph., J.D.
This series, Pharmacy and the Law, is presented by Pharmacists Mutual Insurance Company and your State Pharmacy Association
through Pharmacy Marketing Group, Inc., a company dedicated to providing quality products and services to the pharmacy commu-
nity.
SPOLIATION OF EVIDENCE
PHARMACY MARKETING GROUP, INC
The Arkansas Pharmacist 37
gious violation for a court to dismiss or default a case,
so it is not very common.
However, it is more common for the court to allow the
jury to make a negative inference from the spoliation
of evidence. That is, the jury is allowed to presume
that the evidence destroyed was more likely injurious
to the destroying party’s case than it was likely benefi-
cial to their case. This is really a common sense appli-
cation. People are not likely to destroy things that will
be helpful to them. This, of course, is not true in all
cases, but what is a jury to do if the evidence is de-
stroyed? The returned prescription might have proven
your case, but if you disposed of it, the court will give
the jury the spoliation instruction. This instruction can
be very damaging to your case and may result in a sig-
nificant verdict against the destroying party.
The bottom line is you should be able to reproduce or
recall details in the future that you would have been
able to answer the day the patient presented with the
error. If you destroy, dispose of, or do not record some
piece of evidence, it could have severe consequences.
All of this documentation and preservation is in your
best interest. Protect yourself, be complete.
© Don R. McGuire Jr., R.Ph., J.D., is General Counsel at Phar-
macists Mutual Insurance Company.
This article discusses general principles of law and risk manage-ment. It is not intended as legal advice. Pharmacists should con-sult their own attorneys and insurance companies for specificadvice. Pharmacists should be familiar with policies and proce-dures of their employers and insurance companies, and act ac-cordingly.
