For decades, the proliferation of big box chain pharmacies resulted in the closure of hundreds of independent community pharmacies. However, the tide may be changing. With declining per-prescription revenues and their entire model under pressure, we are seeing the closure of many chain pharmacy locations across several different big box chains. Chain pharmacists have been complaining about working conditions for years, culminating in recent sporadic pharmacist walkouts in cities like New York, Seattle and Phoenix. State Boards of Pharmacy have largely remained silent, focusing instead on individual pharmacist dispensing errors.
Some State Boards of Pharmacy, such as Illinois, however, have taken a different approach and prohibit prescription quotas or a work environment that “fails to provide sufficient personnel to prevent fatigue, distraction, or other conditions that interfere with a pharmacist’s ability to practice with competency and safety or creates an environment that jeopardizes patient care.”[1] The issue of pharmacist meal/rest breaks has been tackled by Boards of Pharmacy for decades. Some states such as Nevada[2] and Ohio[3] mandate breaks. Others such as New York, New Jersey, New Mexico, North Dakota, West Virginia, Wisconsin and Wyoming require the pharmacy to be closed when the pharmacist is absent.
Most recently, the State Boards of Pharmacy in Vermont and Ohio have fined several big box chain pharmacies for what amounts to unprofessional conduct for working conditions. In January 2024, Vermont’s Office of Professional Regulation assessed a $275,000 fine against the state’s largest chain pharmacy in response to documented untenable working conditions for pharmacists, medication and vaccination errors, and unexpected pharmacy closures without notice. In February 2024, the Ohio Board of Pharmacy assessed a $250,000 fine against a large pharmacy chain and placed one of their pharmacies on probation for poor working conditions. The Board of Pharmacy decision requires the chain to ensure adequate staffing levels at all times to minimize fatigue, distractions and for new prescriptions and refills to be filled within a three and five day time period, respectively.
We expect this trend will continue with Boards of Pharmacy finally stepping forward to uphold their public protection goals and hold those accountable for working conditions that could endanger patients and pharmacy staff.
How Frier Levitt Can Help
If you receive a communication from a state Board of Pharmacy regarding a patient complaint, vaccination or dispensing error, you need the help of an attorney to assist with defending any ensuing disciplinary charges which may arise . Do not ignore the letter. Frier Levitt handles a myriad of State Board of Pharmacy allegations involving professional misconduct and unprofessional conduct. We also assist with drafting legislation pertinent to pharmacy practice in conjunction with various pharmacy stakeholders including different professional organizations.
[1] 225 ILC 85/31(a).
[2] Nev. Admin. Code § 639.556.
[3] O.A.C. Rule 4729:5-5.02.2.
