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Got a Citation from BOP, really bummed

Discussion in 'Pharmacy' started by johnrx6, Aug 15, 2015.

  1. johnrx6

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    Today, I received by mail my citation for $1000 from the Board of Pharmacy for verifying the wrong medication and dispensing it. It gives me the option to contest it.
    Here is a paragraph from the attachments in the mail :
    " The issuance of a Citation by the Board of Pharmacy is considered an administrative action and substantiated resolution of a complaint and/or investigation. If a hearing is not requested to contest the Citation(s), payment of any fine(s) shall not constitute an admission of the violation(s) charged. Payment in full of the fine(s) assessed shall be represented as a satisfactory resolution of the matter in any public disclosure"

    Should I just pay the fine? Will this be on my record? I have HPSO professional liability insurance. Will they pay for this? Thanks for any advice.
     
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  3. genesis09

    genesis09 Senior Member
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    Contact your liability insurance and speak with one of the lawyers.
     
  4. msweph

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    Woah.... That's nuts. What was the issue.
     
  5. Gombrich12

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    I am glad my state does not fine people for errors. Unless there was gross negligence or incompetence a fine is simply a way for the board to make some money. Each pharmacy has multiple dispensing errors each year, why should you be punished because a patient reports you for one of them and not the others?
     
  6. confettiflyer

    confettiflyer Did you just say something?
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    What state is this? I'm curious.
     
  7. johnrx6

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    california
     
  8. Dred Pirate

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    wow - this almost sounds like a scam - pay the money and you won't have to plead guilty to making an honest mistake (which we all have).

    I never heard of a state fining people for errors.
     
  9. 3boooda

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    I never heared about this before.
     
  10. Old Timer

    Old Timer SDN Advisor
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    Technically it's misbranding. If a consumer files a complaint, they investigate. They are there to protect the consumer
     
  11. owlegrad

    owlegrad Uncontrollable Sarcasm Machine
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    The fine seems high to me but basically the same thing happens in FL. Luck of the draw and how you handle the mistake after the fact.
     
  12. doublehh03

    doublehh03 Senior Member
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    I don't think it will be on your record. My friend got fined by CA BOP $500 for comingling 2 different strengths of the same drug. She paid the fine, and it's not on public record.
     
  13. doublehh03

    doublehh03 Senior Member
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    CA does. If a customer complains, and the BOP verifies that was an error, there will be fines.
     
  14. BenJammin

    BenJammin No Apologies
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    Happens all the time in Texas. Remember that your state's board of pharmacy is there to protect the consumer, not the pharmacist.
     
  15. npage148

    npage148 Senior Member
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    Which is why the whole self reporting of errors is bunk. Basically you will be punished in some form no matter what anyone tells you
     
  16. owlegrad

    owlegrad Uncontrollable Sarcasm Machine
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    Internal reporting doesn't go to the BOP or result in fines, at least not at any company I know of. I have reported all my errors with no punishment of any sort.
     
  17. BidingMyTime

    BidingMyTime Lost Shaker Of Salt
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    Were you not given any chance to defend yourself? Shouldn't the BOP have to let you know there was a complaint, and give you a chance to attend the meeting that they are discussing you at?
     
  18. confettiflyer

    confettiflyer Did you just say something?
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    Internal reporting is protected from discovery under evidence code 1157 in California. Literally error reports are presented, then collected and shredded. Plus those reports don't even list the pharmacists name. Unless I'm interpreting this wrong...I really can't envision any hospital pharmacist getting fined for a dispensing error given that a) records are secret, b) evidence no longer exists (mislabeled stuff gets returned back to pharmacy and relabeled...even if it's reported), c) who in their right mind would voluntarily report to BOP with all the knowledge of the event and personnel?

    If the drug gets administered and is egregiously wrong/harms the patient...different story, I'm talking a pure dispense error.

    Am I not thinking of something?
     
  19. npage148

    npage148 Senior Member
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    I guess it depends on the place you work. And while a company will not report an internal error to the BOP, they do punish their employees. Like wal-mart sending you to AR for retraining

    New York also fines dispensing errors, you can read about them all on their website.
     
  20. SELDANE

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    There are two different ways you can look at this. You could see it as a state sanctioned shake down, "Pay us a $1000 and no one gets hurt" or you can look at as a speeding ticket in which you plea nolo contendere. If after looking at the specifics of the citation you see that you indeed did commit the error, then pay the $1000 and drive on. If you feel that you are not culpable then make the state prove their case. Because you've not admitted guilt I don't see this staying on your record. I don't know why you'd call your professional liability insurance, you're not being sued for damages.
     
  21. ancienbon

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    Were you aware of the error? If not ,how do you know it is your error.
     
  22. Sine Cura

    Sine Cura 10 seconds or less
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    Would you rather pay a fine for verifying the wrong medication or have a permanent mark against your license for misbranding meclizine 25 mg #90 because #30 were in the vial?
     
  23. ChalupaBatman86

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    If you try to get a license in another state you have to report it as discipline. People get busted for not reporting California citations as discipline all the time when reciprocating.
     
  24. sosoo

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    so if u have error/omission insurance do they cover it?
     
  25. Dred Pirate

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    I would be surprised if your insurance covered a fine from the BOP - they usually cover litigation costs and lawsuit claims
     
  26. Estrace

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    Texas BOP is worst for this kind of crap. And you better believe they will make it a public record even after you've paid the fine. They just go around making money off of pharmacists and ruining people's lives. I hate them.
     
  27. DesiRX

    Pharmacist 10+ Year Member

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    Can this happen in any other states?
     

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