New Jersey Pharmacy Error Bill Passed by Senate Committee

The New Jersey Senate Health, Human Services and Senior Citizens Committee has unanimously passed an identical version of "The Pharmacy Quality Improvement and Error Prevention Act" A-1025. The new bill is identical to the one I discussed in April of last year, with almost the same provisions and the same language.

This bill titled "The Pharmacy Quality Improvement and Error Prevention Act S-409" has been introduced by Senator Jeff Van Drew, and claims to seek to establish strong measures to prevent pharmacy errors across New Jersey. These measures include the creation of a Medication Error Prevention Task Force consisting of 24 members, that would be responsible for providing guidelines for the improvement of pharmacy quality control standards, and to reduce the number of errors that occur at New Jersey pharmacies.   The bill also require pharmacies in the state to monitor and review any pharmacy errors that may occur, and also mandates the State Board of Pharmacy to release regular alerts about prescriptions drugs that have similar sounding names, so that the frequency of errors is reduced. Pharmacists are required to report any medication errors occurring on their watch to the Board of Pharmacy.

So far, so good. 

What the press release fails to mention however, is that any pharmacist who reports any medication error information to the Board will be immune from liability in a civil action as a result of  injury causedby that mistake. What that means, is that the bill like its predecessor, A-1025, gives pharmacists immunity from being held liable for any injuries or fatalities their errors may cause.

The wheels seem to be spinning fast as this legislation moves ahead on its way to becoming a full fledged law. It will now proceed to the full Senate for consideration. Unfortunately, New Jerseyans seem to be unaware of the potential implications that this legislation has for their right to protect themselves, and claim compensation in the event of a pharmacy error-related injury. It removes any compulsion that big name pharmacy chains have to maintain quality standards in the dispensation of medicines to patients. Just a few weeks ago, I mentioned how CVS in North Carolina had an incentive scheme in place that rewarded employees for filling the maximum number of prescriptions in a single day. Lured by the incentives, pharmacists were topping 500 prescriptions a day, when the acceptable limit in that state is 150. A mad rush to fill prescriptions inevitably lead to mistakes, even fatal ones. If the bill is passed, customers who suffer from the consequences of these practices, will lose any rights they have to be compensated for their injuries.

It's become imperative that we draw attention to this issue that threatens to impact all New Jerseyans. To learn more about how this bill is bound to affect your lives, please contact me at my pharmacy error lawyers office.

After Selling Expired Medications to New Jerseyans, Rite Aid Settles with State

You have read on this blog my ongoing reporting and analysis of the epidemic of pharmacy errors and the threat to the public that it poses. Well here is a variation on the theme.  Today it was announced on NJ.com, that retail pharmacy chain Rite Aid settled a lawsuit with New Jersey for $475,000 for selling expired over-the-counter medications along with expired infant formulas and baby food. According to the article, 42 Rite Aid stores were found selling expired items throughout New Jersey. If the chain, which also includes Eckerd stores, fails to comply with the terms of the settlement over the next year, it faces an additional $175,000 in penalties.

 Once again, I implore the public to be extra vigilant when shopping at these pharmacies. It is bad enough that we are forced to defend ourselves against prescription errors at the hands of pharmacists and their technicians; now simply going to the shelves for Tylenol or a can of Similac has become a potential health threat to us as well.