risk management

• malpractice

  • should you elect to work for an employer who offers to cover malpractice insurance of some sort?
  • investigate it
  • understand it
  • what protections it offers
  • consider basic protection
  • if you don't have it provided, investigate a provider and obtain malpractice insurance
• what will you do?

  • avoid the risk?
  • by not providing the service or outsourcing risk to an insurer?
  • "hold" the risk?
  • by paying out of your pocket
  • transfer the risk?
  • via an agreement (contract) w/ customer providing their own insurance or insure yourself via proper policy
• insurance basics

  • at a minimum, you should look at these protections:
  • professional liability
  • general liability
  • "trailing protection"
• professional liability

  • offers protection from claims that allege
  • errors
  • omissions
  • breach of duty
  • misleading statements
  • if offer protection, NOT a guarantee that you will be unscathed
• general liability

  • covers items such as:
  • slander, libel
  • defamation
  • injury caused by a product
  • injury from general operation of a pharmacy business
• umbrella policy

  • what is umbrella insurance?
  • personal umbrella insurance is a type of insurance designed to add extra liability coverage over and above another insurance policy
• trailing insurance

  • liability and umbrella might be enough
  • talk to an insurance expert when the time comes
  • generally, you want protection after you leave the practice of pharmacy
  • you'd probably have to "buy" this policy yourself
• interviewing do's and don't's

  • avoid asking questions about:
  • religion
  • sexual orientation
  • height, weight
  • age
  • criminal record unless specifically job-related
  • mental health
• interviewing

  • what are you allowed to do?
  • you can contact prior employers or references and ask
  • "would you hire this person?"
  • BUT you cannot explore why or why not, when they answer
• liability

  • strict liability -- no need to prove intent, or negligence, or a mistake
  • FDACA found to be a "public welfare" statute
  • purpose: prevent egregious social harm
  • therefore, a person "in charge" willingly, like a CEO of a pharmacy chain, is liable for illegal practices, harm, consequences that occur in any of the company's locations
  • were liable whether they had been in the "offending" facility or never had
  • even if the boss "didn't know what was going on"
  • the boss SHOULD have known and is liable
• vicarious liability

  • special relationship
  • such as employer - employee
  • be careful: some types of liability insurance don't cover "intentional wrongs" or "breach of contract"
• bonus: possibly a final exam question

  • the state board of pharmacy has inspectors who are pharmacists. can an inspectors originate a board enforcement for a pharmacy infarction? such as letter of admonition or a citation or a fine?
  • yes, they can
• board of pharmacy

  • the mission of Ca Board of Pharmacy is to protect the public
• as a pharmacy manager

  • if a state board inspector shows up, you should:
  • invite them in
  • show them professional courtesy
  • you can ask to see identification
• does an inspector need...

  • a reason to show up at your pharmacy?
  • no
  • a pre-notification to you of their time/day of arrival?
  • no
• Eric Cropp Video Reference

  • the "boss" is responsible even if ignorant of the proceedings
  • they "should have known"
• advanced practice pharmacy

  • includes the expanded scope of practice to diagnose in certain situations w/ collaboration w/ a doctor