What would you do?

[balbks]

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I am an overnight pharmacist for a large retail chain and have an ongoing problem with one of the overnight floor workers counseling customers about OTC products. I have witnessed this several times with my own eyes and the night manager has as well on several occasions. The first time I warned the person myself and expressed concern over the possible legal and safety issues. I then informed mgmt about the situation, however over a period of several months this has happened 3 or 4 more times that I have witnessed. Each time I do my best to interrupt the "consultation" and tell the appropriate manager but this still continues. The manager has warned the employee and possibly provided a written warning as well. Very frustrating....what would you do? What are the legal concerns for me if something bad were to happen to one of the "patients"?
Thanks

 

[apteryx]

I am an overnight pharmacist for a large retail chain and have an ongoing problem with one of the overnight floor workers counseling customers about OTC products. I have witnessed this several times with my own eyes and the night manager has as well on several occasions. The first time I warned the person myself and expressed concern over the possible legal and safety issues. I then informed mgmt about the situation, however over a period of several months this has happened 3 or 4 more times that I have witnessed. Each time I do my best to interrupt the "consultation" and tell the appropriate manager but this still continues. The manager has warned the employee and possibly provided a written warning as well. Very frustrating....what would you do? What are the legal concerns for me if something bad were to happen to one of the "patients"?
Thanks

I don't know for certain, but hey, responsibility without control as a pharmacist. Reign that little douche in before he gets you in trouble.

 

[jtrouty]

it sounds like you're going to have to approach him yourself. do it professionally. I would say something to this effect.

"DO NOT ****ING COUNSEL PATIENTS ON OTC DRUGS".

he should get it.

no but seriously, just let him know in a respectable, professional manner that he can't do this anymore.

 

[All4MyDaughter]

I'm not sure that you have any liability here. The company might, but I don't think you do. The stockboy doesn't work for you and is not under your control. I don't know if the OTC med section is even considered part of the pharmacy, legally. It can be open without a pharmacist, so I'm guessing it is NOT.

But this is all my opinion. If someone has facts that contradict it, so be it. 🙂

 

[charfdorn]

I'm not sure that you have any liability here. The company might, but I don't think you do. The stockboy doesn't work for you and is not under your control. I don't know if the OTC med section is even considered part of the pharmacy, legally. It can be open without a pharmacist, so I'm guessing it is NOT.

But this is all my opinion. If someone has facts that contradict it, so be it. 🙂

That sounds right to me. It might depend on your state's practice act. I mean, if I go to a gas station and the clerk there starts counseling me on the Advil I'm buying, I don't assume he's a pharmacist.

 

[confettiflyer]

I'm not sure that you have any liability here. The company might, but I don't think you do. The stockboy doesn't work for you and is not under your control. I don't know if the OTC med section is even considered part of the pharmacy, legally. It can be open without a pharmacist, so I'm guessing it is NOT.

But this is all my opinion. If someone has facts that contradict it, so be it. 🙂

Bingo, if the loading dock guy starts telling one of the couriers about various salves and drugs, the pharmacist in the front isn't liable.

Warn the guy, warn the manager, but out of sight/out of mind unless the guy is right in front of your station doing it.

I wouldn't worry about it....just keep your queue out of the red and hit those SSS scores because THOSE you will hear about.

 

[therxist]

Ethically speaking, you have a duty to warn the store management and, if possible, the patients. Legally speaking, however, you have no liability at all since the stock room guy is not under your supervision. If any legal pursuit ever happens, it will be directed against the store and the company, not yourself. If the hospital janitor decides to perform brain surgery, I don't think the surgeon will be pressed charged against.