Kenneth R. Baker, RPh, JD Of Counsel



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RESULTS ACHIEVED FOR CLIENTS Obtained a non-disciplinary letter of concern and obtained a closure of the matter without discipline for a nurse who had two complaints made against her license regarding treatment of an elderly home-bound patient. In our appearance before the board, we explained the reasons behind the allegations, including conversations with the physician and earlier broad directions given by the physician. TESTIMONIALS Having this man understand what I was going through and being there to support me, meant all the difference in the world to how I was able to get through the whole ugly situation. - Renee Anderson Kenneth R. Baker 602-256-3086 kbaker@rcdmlaw.com PRACTICE AREAS Medical Malpractice and Healthcare Litigation Administrative Law and Regulatory Investigations Mr. Baker conducts business in a kind, compassionate and efficient professional manner. I am grateful for the high quality of his professional assistance. - Cynthia Beanblossom Pediatric & Family Excellence VERY SATISFIED CLIENTS Jackie Hartman, MSW, LCSW PROFESSIONAL CLIENTS Pharmacists Mutual Insurance Company: Senior Vice President, General Counsel, 1988-2007 Pharmacy Compounding Accreditation Board: Executive Director, 2005-2007 PMC Quality Commitment, LLC (division of Pharmacists Mutual Insurance Company): Executive Vice President, 2000-2005 PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS American Society for Pharmacy Law: past president Arizona Pharmacists Association Arizona Pharmacy Alliance Pharmacy Marketing Group: past president Iowa Pharmacists Association Iowa Pharmacy Foundation One North Central, Suite 900 Phoenix, AZ 85004 602-307-9900 www.rcdmlaw.com EDUCATION Indiana University School of Law at Indianapolis, J.D., cum laude, 1975 Purdue University, B.S., Pharmacy, 1967

PUBLICATIONS Justice in the Distribution of Health Resources, Drug Topics, December 2013 Making Ethics Work: Manage Your Counseling Time, Drug Topics, October 2013 The Ethics of a Just Culture, Drug Topics, August 2013 The Ethical Virtues of Loyalty and Trustworthiness in Pharmacy, Drug Topics, June 2013 Ethics and Pain, Drug Topics, February 2013 Medication Safety, Dispensing Drugs Without Error. (Delmar, Cengage Learning, Clifton Park, NY, 2012) Cover Story, Medicaid reimbursement, Drug Topics, July 2012 Accreditation Standards Buttress Compounding Pharmacy, Drug Topics, May 10, 2012 Special Knowledge May Give Rise to Duty to Warn, Drug Topics, February 14, 2012 Renewing the Patient Contract, Drug Topics, December 13, 2011 The Importance of Documentation, Drug Topics, November 15, 2011 Professional Liability Insurance: A Short Primer, Drug Topics, August 11, 2011 Can I say, I m sorry?' Drug Topics, June 14, 2011 Prescription Opiods and Pharmacist Responsibility, Drug Topics, June 14, 2011 Between Cowardice and Recklessness: The Virtue of Courage, Drug Topics, April 15, 2011 The Placebo Effect': Does It Work?, Drug Topics, January 20 2011 Pharmacy CQI: Monthly Rx Safety Audits, Drug Topics, February 11, 2011 Monitoring Controlled Substances, Drug Topics, September 2010 Is Patient Compliance a Medication Error? Drug Topics, January 2010 Pharmacy Needs a Workable Standard for When to Check the Rx Monitoring Database, Food Marketing Institute, November 2009 Determining When Counsel Is Most Appropriate, Drug Topics, September 2009 Can a Medication Error Be a Crime? Drug Topics, August 2009 I Have a Subpoena for Prescription Records. What Do I Do? Food Marketing Institute, July 2009 Apology Laws: If I Say I m Sorry, Can It Be Used Against Me? Food Marketing Institute, June 2009 Insurance for the Compounding Pharmacy Business, Part 1: Who Is Covered? International Journal of Pharmaceutical Compounding, September/October 2008 What Will You Learn from Your Mistake? Drug Topics, April 7, 2008 Medication Errors: The Value of Habit, Drug Topics, January 28, 2008 Do People Sue People Who Counsel? Drug Topics, December 3, 2007 What Types of Drugs Are Involved in Errors? Drug Topics, November 12, 2007

PUBLICATIONS, Continued What Kinds of Mistakes Do Pharmacists Make? Drug Topics, October 15, 2007 Pharmacy Ethics and the Law, recurring column, Drug Topics Pharmacy Law, recurring column, Drug Store News Chain Pharmacist (1994-1998) Medication Errors, Monthly Column, Drug Topics On-Line Confidentiality and the Pharmacist, Drug Store News (1998) Risk Management in Pharmacy: Preventing Liability Claims, The American Pharmacist (1994) Principles of Professional Liability Insurance for Pharmacists, Pharmacy Law Desk Reference, D. D. Konnor, Editor, 2007, Haworth Press Legal Consideration in Drug Substitution, Drug Topics (2005) Documentation in Pharmacy Practice, chapter co-author, Pharmacy Practice Manual, 2nd edition (2001) The OBRA 90 Mandate and its Developing Impact on the Pharmacist s Standard of Care, Drake Law Review (Vol. 44, No. 3) Pharmacy Practice in Changing Professional Environment, Drug Store News (2000) Legal and Professional Considerations of Pharmacy Credentialing, Drug Topics (1999) What is Adequate Liability Coverage for Pharmacists? Pharmacy Management Advisor (1994) Pharmacist Liability and OBRA 90, Drug Store News for the Pharmacist (1992) A Study of the Causes of Pharmacy Malpractice Claims, Pharmacy Law Annual (1991) When a Pharmacist Refuses to Fill, The Indiana Pharmacist (1987) Consultant, Pharmacists Letter Contributor, 50 State Pharmacy Association Journals Editor/Author, PMC Quality Commitment Newsletter Various articles in the fields of risk management, pharmacy law, pharmacist liability, compounding law, medication errors and other subjects PRESENTATIONS Changing Liability Issues for Hospital Pharmacists: Protecting Yourself and Your Hospital, American Society of Health-System Pharmacists (ASHP), December 2009 Intersection of Legal and Professional Ethics The Attorney s Role in Advising Clients Regarding Professional Commitments, American Society for Pharmacy Law, November 2009

PRESENTATIONS, Continued New Federal Protection of Quality-Related Records: The Patient Safety and Quality Improvement Act and the New Proposed Regulations, Lorman Seminar, July 2008 Peer Review and Quality Assurance Records, Lorman Seminar, July 2008 Reducing Dispensing Errors: Quality Control Measures in Managed Care, Arizona Pharmacy Alliance, 2008 Ethics & Pharmacy, a Study of Ethical Principles as Applied to Pharmacy Practice, RxSchool, 2008 Medication Errors: Analyzing the Risks & Starting the Process, RxSchool, 2008 The Law of Pharmacy Compounding, RxSchool, 2007 The Practice of Pharmacy in Legal Terms, RxSchool, 2007 Medication Errors: Implementing a System of CQI, RxSchool, 2007 The Essentials of Pharmacy Malpractice, RxSchool, 2007 Pharmacists Duty to Warn: Suggesting a Balance between No Duty and Undoable Duty, co-presenter, American Society for Pharmacy Law, 2007 Compounding Pharmacy & Accreditation, FDLI, 2006 Pharmacy Compounding Law, American Society for Pharmacy Law, 2006 Update on Pharmacy Compounding Law, American College of Apothecaries, 2006 Pharmacy, Law & Health Care Reform, Midwest Pharmacy Conference Law and Ethics: An Interactive Look at What We Believe, Ohio Society of Health System Pharmacists Pharmacist Liability: Causes & Prevention and the Effects of OBRA 90 on Pharmacist Liability, University of Iowa School of Pharmacy After OBRA: The Future of Pharmacist Liability, MediSpan Users Pharmacist Liability: How to Not Get Sued, Duquesne University School of Pharmacy The Duty to Warn: Whose Liability Is It? Panel Discussion (Moderator), National Counsel on Patient Information and Education Effects of OBRA 90 on Pharmacist Liability, Food Marketing Institute OTHER GROUPS AND LECTURES: University of Iowa, California Pharmacists Association, Nebraska Pharmacist Association, University of Missouri at Kansas City, Drake University, Georgia Pharmacists Association, Midwest Pharmacy Law Conference; Kansas Society of Hospital Pharmacists; Missouri Society of Hospital Pharmacists; Texas Pharmacists Association, University of Minnesota; Washington State Pharmacists Association, Ohio Society of Health System Pharmacists.

BAR ADMISSIONS Arizona Indiana EDUCATION Indiana University School of Law at Indianapolis, J.D., cum laude, 1975 Purdue University, B.S., Pharmacy, 1967