Published: February 16, 2009 10:02 pm      

Pharmacists seek medical malpractice protection

CHARLESTON — White-jacketed pharmacy students filled the upper rotunda Monday, hoping to dramatize support for including their profession in medical malpractice reforms enacted six years ago.

Lawmakers dramatically changed the rules in malpractice insurance back in 2003, but pharmacy was left in the lurch.

A recent edict by the state Supreme Court held that the new law doesn’t apply to pharmacists, explained Richard Stevens, executive director of the West Virginia Pharmacists Association.

“It was an oversight,” the Charleston resident said.

Monday’s outpouring of some 60 students from the West Virginia University School of Pharmacy was meant to drive home that point.

“We’re asking lawmakers to add pharmacists and pharmacies to the definition of health care provider,” he said.

“Other health care providers now have the definition of the medical profession liability act.”

With the role of pharmacists ever expanding, Stevens said the inclusion becomes even more critical.

“I think the public understands and depends upon their local pharmacies for a lot of medical and health care information,” he said.

“Pharmacists are providing now an array of services to the public, including diabetes screening. Under the new Medicare law, Part II, pharmacists can provide patients with what is called medication therapy management to determine that the drugs they are taking are the appropriate medications.”

Stevens said the medical malpractice law is “strange,” since it begins with a statement that a health provider includes but isn’t limited to doctors and physical therapists.

“So there are other types of health care providers that are not included in the definition and the Supreme Court ruling, in essence, said if you’re not listed, you’re not covered in the definition. So, there was an oversight.”

Betsy Elswick, a clinical assistant professor with the WVU School of Pharmacy, said the students appeared as a means of calling the Legislature’s attention to the growing role of pharmacy in the health care system.

“We feel that’s a very important aspect of the profession — what the pharmacists are as health care providers,” Elswick said.

And, the profession is soon to take on a larger role in the system, she said.

“Pharmacists will soon be immunizing, providing immunization to adults in this state for flu and pneumonia,” she said.

“We’re involved with medication therapy management. Many of us are diabetes educators. Truly, we are demonstrating our role as medical therapy experts.”

— E-mail: mannix@register-herald.com