WV Case Law: What constitutes a health care provider?"

[Farmercyst]

Hey WVU, ever been to Larry's Drive-In Pharmacy?
Our pharmacy practice instructor is having us write a paper on "Are pharmacies health care providers?" Based on this case: http://www.state.wv.us/WVSCA/docs/Spring07/33194.htm

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[Taurus]

In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a “health care provider”, as defined by West Virginia Code § 55-7B-2(c)?

We answer the certified question “No.”​

Very interesting. So what happens if you practice MTM in WV? Could you be running afoul of the law?

 

[Farmercyst]

In a civil action filed against a defendant licensed pharmacy for allegedly having negligently dispensed medication, is the pharmacy a "health care provider", as defined by West Virginia Code § 55-7B-2(c)?

We answer the certified question "No."​

Very interesting. So what happens if you practice MTM in WV? Could you be running afoul of the law?

Hard to say, I doubt it though. At least in Cali I'm pretty sure a physician has to sign off on the practice agreement/protocol. My guess is that would make the pharmacist the physician's agent and therefore a healthcare provider under the statute's definition.

"Health care provider" means a person, partnership, corporation, facility or institution licensed by, or certified in, this state or another state, to provide health care or professional health care services, including, but not limited to, a physician, osteopathic physician, hospital, dentist, registered or licensed practical nurse, optometrist, podiatrist, chiropractor, physical therapist, or psychologist, or an officer, employee or agent thereof acting in the course and scope of such officer's, employee's or agent's employment.

 

[BMBiology]

I am glad that the pharmacist is not held liable for what the doctor prescribed as it would not be fair to hold a nurse liable for administering a drug the doctor prescribed.

Pharmacists working in the retail settling do not have the time or important information such as the patients' medical record in order to make sure every prescription is written correctly especially medications that are used as off label.

 

[Epic]

Very Interesting. It has Fred W. written all over it.

According to WV Code § 55-7B-2(c), Pharmacist & Pharmacy are not defined as Heath Care Provider, hence the defendent pharmacist can not proceed according to WV MPLA.

So the answer is clearly "No."

But this is just a small part of the lawsuit. Being classified as a healthcare provider doesn't affect guilty verdict. If affects the amount of liablity. And the guilty verdict depends on jurors.

The prescribing physician settled out of court. Smart move.

Is Larry responsible for the toxicity to the patient? That's whole another topic.

 

[Epic]

Hard to say, I doubt it though. At least in Cali I'm pretty sure a physician has to sign off on the practice agreement/protocol. My guess is that would make the pharmacist the physician's agent and therefore a healthcare provider under the statute's definition.

I don't agree that an independent pharmacist filling a prescription acts as an agent of the prescribing physician unless the pharmacist is a part of the physician's practice.

 

[BMBiology]

I agree that the pharmacist is not a physician's agent unless there is a formal agreement between the pharmacist and physician or the pharmacist works under a physician.

 

[Epic]

I agree that the pharmacist is not a physician's agent unless there is a formal agreement between the pharmacist and physician or the pharmacist works under a physician.

I agree with BMBiology

 

[BMBiology]

I agree with BMBiology

and I agree with me.

 

[Epic]

So you must go to school at 1985 Zonal..

 

[WVUPharm2007]

This is what I'd write:

"The WV law system is undeniably nefarious, cronyistic, nepotistic, and plutocratic. Every judge in the entire damn state makes decisions based on whether or not said decision benefits themselves, their families, their friends, or their wealthy benefactors. For the last century, the coal corporations have been the legal authority of West Virginia. To think that some sort of fair decision could be made that is wholly logical or centered around idea of societal benefit is nothing sort of naivety."

There is no law in this state. There is only the latest whim of whoever has the most money to throw around. I know that's a nutshell of what happens in Washington, but they don't even try to be covert about it up in this. The people of WV have been taking it in the *** for years, so we really don't get uppity when people try to **** us. We just shrug our shoulders and accept the fact that we are economic prey.

Anyway, I would guess that if you looked into the players of this case, there is a 95% chance that some wealthy group of sorts got their way.

 

[WVUPharm2007]

Very interesting. So what happens if you practice MTM in WV? Could you be running afoul of the law?

No, Mr. passive-aggressive, it isn't....

 

[Epic]

This is what I'd write:

"The WV law system is undeniably nefarious, cronyistic, nepotistic, and plutocratic. Every judge in the entire damn state makes decisions based on whether or not said decision benefits themselves, their families, their friends, or their wealthy benefactors. For the last century, the coal corporations have been the legal authority of West Virginia. To think that some sort of fair decision could be made that is wholly logical or centered around idea of societal benefit is nothing sort of naivety."

There is no law in this state. There is only the latest whim of whoever has the most money to throw around. I know that's a nutshell of what happens in Washington, but they don't even try to be covert about it up in this. The people of WV have been taking it in the *** for years, so we really don't get uppity when people try to **** us. We just shrug our shoulders and accept the fact that we are economic prey.

Anyway, I would guess that if you looked into the players of this case, there is a 95% chance that some wealthy group of sorts got their way.

Of course this is enough to convince the jury the pharmacist is innocent.

 

[WVUPharm2007]

Of course this is enough to convince the jury the pharmacist is innocent.

It's because he's based out of S. Charleston and has connections in state government. Guaranteed. Nothing ever goes right in the WV legal system. Ever.

 

[Farmercyst]

I don't agree that an independent pharmacist filling a prescription acts as an agent of the prescribing physician unless the pharmacist is a part of the physician's practice.

I meant in specialized settings (not entirely sure MTM is one of them) where the physician must sign that he is supervising the establishment and operation of said clinic. I know physicians must sign for our immunization clinics at health fairs, also at the clinic USC runs where pharmacists adjust dosing, etc. Obviously if it's some Joe Blow at CVS just filling a script he's by no means acting as the agent of the physician.