Extreme Makeover:Tech Standards Edition

with Cliff Frank, CPhT

Program Information• ACPE # 384-000-07-020-L03 – LAW PROGRAM• 2.0 Contact Hours (0.2 CEU)

• Initial Release: 8-6-07• Expires: 8-6-2010

STAT Educational Services, a division of National Pharmacy Technician Association Inc., is accredited by the Accreditation Council for Pharmacy Education (ACPE) as a provider of continuing pharmacy education.

Introduction• This group is the cream of the crop:

– You all know about pharmacy law.

• You probably even know when OBRA ’90 passed!

• In past talks, I have discussed pharmacy law as well as ethics.

• We discussed how laws are born from need – mostly for public protection.

Introduction• Misbranding, labeling, testing etc.

• We have touched on the role of money and politics in pharmacy law.

“He who has the biggest gun…..”

• We also know that pharmacy is one of the most heavily regulated industries in the U.S.

Our Regulated Industry

• Laws, rules, regulations, guidelines, policies…. what exactly are they?

• What’s the difference between them?

Law

• The system of rules that a particular country or community recognizes as regulating the actions of its members and may be enforce by the imposition of penalties.

Example:

• It is against the law in the United States to dispense a controlled substance without a license and valid prescription.

Rule:

•Principle that operates within a particular sphere of knowledge, describing or prescribing what is possible or allowable.

Example:

•It is against the rule to take or consume food in the pharmacy.

Regulation:

• directive made and maintained by an authority.

Example: •Your state board may require you to be certified before licensing.

Guideline:

•General rule, principle, or piece of advice.

Example:

•Recent federal guidelines suggest doubling pharmacy technician salaries over the next 6 months.

Policy:

•a course or principle of action adopted or proposed by a government, party, business, or individual.

Example:

•It is against company policy to date a co-worker.

EXERCISE I (15 min.)

“Bus Driver…Move That Bus!”

Challenge I

• The federal government negotiates drug prices with manufacturers

.» True or false?

Challenge II• All technicians in the United States

have to be registered, licensed or certified,

» True or false

Challenge III

• In 2007, congress proposed expanding the powers of the FDA to limit the ability of pharmacies to compound.

» True or false

Challenge IV• Whose responsibility is it to devise

systems for reporting drug errors?– DEA– NPTA– NABP– NCAA

Challenge V• Both ‘in’ and ‘out’ patients receive drug

discounts under federal rule 340 B.» True or false

Our Operating System

• Pharmacy technicians provide healthcare based on a patchwork of rules, regulations, policies, laws coming from:

Our Operating System• Federal legislation• National Certification Boards • State legislation• Federal agencies

• (FDA, DEA, Medicare, NABP, Social Security, etc.

• State agencies• Medicaid• State Boards

You Are Responsible• As technicians, we can’t assume that

the pharmacist must be more concerned with the law because they have the final say.

You Are Responsible• As technicians, we can’t assume that

the pharmacist must be more concerned with the law because they have the final say.

–WRONG!

The Makeover Is Ongoing• More and more techs are being named

and sued in medication error cases. We have a responsibility to know and follow the laws that apply to our profession.

Malpractice

• Wrongdoing, (professional) misconduct, breach of ethics, unprofessional, unethical behavior.

Example

• A patient’s medical history was discussed with another patient.

Negligence• Failure to take proper care in doing

something; carelessness, incompetence.

Example• Because the technician did not

take the proper precautions, the patient’s IV was contaminated.

EXERCISE II: (15 min.)

Continuing Makeover

• Whether you recognize it or not, pharmacy is being re-created constantly.

Continuing Makeover• The plethora of regulations, changes,

laws and commonly held wisdom is accelerating at an amazing pace. Besides all the new medications and therapies, we have:

Continuing Makeover• plan B

– an OTC/Hybrid

• Pharmacist/prescriber collaborations• Increasing DUR’s and other pharmacy

provided patient services• New kinds of clinic/pharmacies• All of these exciting changes require

various expanded technician roles and legal responsibilities.

• Our opportunities are expanding right along with our legal responsibilities

Continuing Makeover• If we are to be held responsible for

following all laws, regulations and rules, we have to know what they are.

• Our re-certification, re-licensing usually requires the minimum number of law CE’s.

• A true professional will complete way beyond that number to stay qualified as a true professional pharmacy technician.

• There are many resources. Use them to your advantage!

Questions/Comments