Ned Milenkovich, PharmD, JD
This article is not intended as legal advice and should not be used as such. When legal questions arise, pharmacists should consult with attorneys familiar with the relevant drug and pharmacy laws. Ned Milenkovich is chair of the Healthcare Law practice at Much Shelist PC and vice chair of the Illinois State Board of Pharmacy. Contact him at: 312-521-2482 / [email protected]
Ned's December pick: Case of the year
Earlier this year, the Supreme Court handed down a 6-3 decision, striking down a Vermont law that restricted the marketing of drugs to prescribers if that marketing was based on the data-mined histories of the prescribers' Rx-writing.
FDA loses vet compounding case
Vet compounding beats out FDA in court. This time.
The pharmacist and MTM services
^MTM services are additional to provision of a drug product and include a broad range of pharmacists' activities within the scope of pharmacy practice. ^An example of MTM includes creating a medication treatment plan. ^Another example is monitoring and evaluating a patient's response to therapy.
The immunizing pharmacist
Pharmacists have, by now, overcome most legal obstacles to the right to immunize patients and have overwhelmingly demonstrated their value by increasing patient immunization rates.
New HIPAA standards coming for electronic claims and transmissions
As healthcare moves swiftly toward a more comprehensive electronic platform, pharmacies will be required to upgrade their claim submission standard from NCPDP 5.1 to NCPDP D.0, an updated version of the HIPAA standard for pharmacy claims transactions.
NABP sustains state pharmacy boards
Founded in 1904, the National Association of Boards of Pharmacy is an impartial professional organization geared toward supporting the efforts of individual state boards of pharmacy to protect the public health and safety.
Patient harm and pharmacist liability
Whereas historic pharmacy practice linked the pharmacist to a product, as pharmacists move toward more complete healthcare services, they are now also providers of cognitive services. As pharmacists delve further into cognitive services and take on greater patient responsibility, the process is likely to add to liability exposure.
Evolving pharm tech roles call for expanded training, certification
With the expansion of pharmacist roles come the burdens of managing the existing obligations embedded in professional pharmacy practice. Technicians, when appropriately trained and certified, can help fulfill many delegated functions in the pharmacy.
Dispensing controlled substances
DEA's "Office of Diversion Control" prevents, detects, and investigates the diversion of controlled substances from legitimate sources while ensuring an adequate and uninterrupted supply for legitimate medical needs. To accomplish this mission, the DEA sets forth regulations designed to prevent any such diversion.
Rx medications: The importance of container integrity
Very few state laws require a pharmacy to use a drug container that meets minimum quality-control standards. Legal metrics are needed to guard against possible patient harm resulting from an adulterated drug product caused by a "bad" container.

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