DEFENDING A FEDERAL CRIMINAL CHARGE AND A BOARD ACTION ROBERT ESGRO, RPH, ESQ

DEFENDING A FEDERAL CRIMINAL CHARGE AND A BOARD ACTION ACTIVITY DESCRIPTION Generally, medical malpractice is litigated as a civil tort. In civil cases, as opposed to criminal suits, the alleged victim brings the lawsuit for the purpose of remedying perceived damages sustained via monetary compensation. In criminal cases, the State is the plaintiff. Criminal prosecution for medical malpractice is extremely rare in the United States, but maybe that's starting to change; more than half of the criminal cases since 1809 have been filed since 1984.The frightening thing is that the decision to make a medical malpractice event a criminal case is entirely up to the discretion of the prosecutor. This program will help you to understand the difference between malpractice cases and criminal proceedings, the steps in a criminal case, and standards of proof needed to convict. TARGET AUDIENCE The target audience for this activity is pharmacists, pharmacy technicians, and nurses in hospital, community, and retail pharmacy settings. LEARNING OBJECTIVES After completing this activity, the pharmacist and nurse will be able to: Compare a pharmacist malpractice versus a criminal proceeding Differentiate when the Federal government will pursue criminal charges as opposed to the state Identify various disciplinary actions a Board of Pharmacy can place on a license Identify the different standards of proof in which the government will have to prove throughout the case After completing this activity, the pharmacy technician will be able to: Define criminal proceeding List actions a board of pharmacy can place on a license ACCREDITATION PHARMACY PharmCon, Inc. is accredited by the Accreditation Council for Pharmacy Education as a provider of continuing pharmacy education. NURSING PharmCon, Inc. is approved by the California Board of Registered Nursing (Provider Number CEP 13649) and the Florida Board of Nursing (Provider Number 50-3515). Activities approved by the CA BRN and the FL BN are accepted by most State Boards of Nursing. CE hours provided by PharmCon, Inc. meet the ANCC criteria for formally approved continuing education hours. The ACPE is listed by the AANP as an acceptable, accredited continuing education organization for applicants seeking renewal through continuing education credit. For additional information, please visit http://www.nursecredentialing.org/renewalrequirements.aspx Universal Activity No.: 0798-0000-14-006-H03-P&T Credits: 1 contact hour (0.1 CEU) Release Date: September 6, 2014 Expiration Date: September 6, 2016 ACTIVITY TYPE Knowledge-Based Home Study Webcast FINANCIAL SUPPORT BY Pharmaceutical Education Consultants, Inc. 1

ABOUT THE AUTHOR Robert Esgro, Esq is a Pharmacy Law Specialist out of Villanova Pennsylvania. He is also a Medical Editor and Consultant for Edward Newland Associates. Robert is a graduate of Philadelphia College of Pharmacy and Science and Widener University School of Law. He has worked for Merck & Co. as an Industrial Pharmacist as well as in the Merck marketing department. He continues to stay active in the practice of pharmacy and is knowledgeable of the working environment of the front line pharmacist. He belongs to several professional organizations including the American Pharmaceutical Association, American Bar Association, American Health Lawyers Association, The American Association of Nurse Attorneys, American Society of Pharmacy Law, and the Potomac Pharmacist Association where he was a former President. Robert Esgro, R.Ph, Esq. Attorney at Law FACULTY DISCLOSURE It is the policy of PharmCon, Inc. to require the disclosure of the existence of any significant financial interest or any other relationship a faculty member or a sponsor has with the manufacturer of any commercial product(s) and/or service(s) discussed in an educational activity. Robert Esgro reports no actual or potential conflict of interest in relation to this activity. Peer review of the material in this CE activity was conducted to assess and resolve potential conflict of interest. Reviewers unanimously found that the activity is fair balanced and lacks commercial bias. Please Note: PharmCon, Inc. does not view the existence of relationships as an implication of bias or that the value of the material is decreased. The content of the activity was planned to be balanced and objective. Occasionally, authors may express opinions that represent their own viewpoint. Participants have an implied responsibility to use the newly acquired information to enhance patient outcomes and their own professional development. The information presented in this activity is not meant to serve as a guideline for patient or pharmacy management. Conclusions drawn by participants should be derived from objective analysis of scientific data presented from this monograph and other unrelated sources. 2

ACTIVITY TEST 1. A peer assistance program for pharmacists is run by the(a): A. Attorney General's office B. Board of Pharmacy C. Private organization that may be funded by the Board of Pharmacy D. State pharmacists association 2. Name three areas of pharmacy law that should be considered when a complaint has been reported to the Board of Pharmacy: A. Entertainment law, criminal law, and malpractice law B. Civil law, criminal law, and malpractice law C. Administrative law, civil law, and malpractice law D. Administrative law, civil law, and criminal law 3. What is the role of the investigator for the Board of Pharmacy: A. Provide a judgment regarding what happened to the Board of Pharmacy B. Offer no opinion to the Board, but collect the facts C. Decide what happen based on the facts and interviews and issue an opinion D. Preside over a Board of Pharmacy hearing. 4. To completely resolve a Board of Pharmacy complaint when a hearing is held can take: A. Less than a month B. Over one year C. Less than 6 months D. Less than one year 5. The government has to prove in a criminal case beyond a reasonable doubt: A. Each and every elements of the crime B. The majority of the elements of the crime C. The person or organization that filed the complaint has to prove the elements of a crime in a criminal case. D. None of the above, the pharmacist must prove their innocence 13

6. A pharmacist that renews their pharmacy license when they do not have enough ACPE continuing education credits: A. Can submit more credits when asked and resolve the issue B. Can provide a written explanation, then submit additional credits, thus resolving the issue C. No need to respond and can ignore CE matter entirely D. Will be issued a disciplinary action because the renewal license was obtained through fraud and credits were not obtained by the due date. 7. Board of Pharmacy complaints are investigated only when: A. The person that filed the complaint requests an investigation B. The Board determines an investigation is necessary C. The pharmacist asks for an investigation D. None of the above, all complaints are investigated to some extent 8. The federal government, through the DEA, will NOT pursue criminal charges when the crime involves diversion of: A. Large amounts of CII controlled substances B. Large amounts of non-controlled substances C. Large amounts of CIII controlled substances D. Large amounts of CV controlled substances 9. If a pharmacist has a disciplinary in one state and has pharmacy licenses in more than that one state then: A. There is no need to report disciplinary actions to all states where licensed B. There likely is a requirement to report a disciplinary action to every state where the pharmacist is licensed C. The disciplinary actions is just for that one state and no further issues remain with other states D. The matter is closed since the at state where the occurrence took place, resolved the matter in its entirety 10. An administrative judge hearing a Board of Pharmacy case: A. Can be of any background, most likely a lawyer B. Must be a pharmacist C. Must be a Board of Pharmacy member D. Is a Boar of Pharmacy member, but not a pharmacist Please submit your final responses on freece.com. Thank you. 14