Mary K, Walker, R.Ph. Executive
4/4/12
Steve Ariens, P.D.
National Public Relations Director, The Pharmacy Alliance
The Wyoming State Board of Pharmacy met on March 20-21, 2012 and reviewed your letter of January 12, 2012. They discussed the various suggestions for medication safety in the workplace of a retail pharmacy.
The board appreciates the efforts of your group to enhance patient care by improving work conditions.
In 2011 revisions to the Rules and Regulations, Wyoming Pharmacy Act, were proposed and approved by the board after a public hearing. A new section requiring mandatory breaks if a pharmacist worked six hours or longer was approved after some heated discussion. The rules package was sent to Governor Matt Mead but that particular section was struck from his approval. He stated that the board did not have the authority to mandate such working conditions.
The Wyoming Pharmacy Association conducted a survey through their website and collected information about meal breaks and other concerns.
Sincerely,
Mary K. Walker, R.P:h.
Governor Matt Mead
If you have any doubts about Mead’s political loyalties, go to You Tube and view his inaugural address. If you are an independent pharmacy owner in Wyoming and you voted for this guy, your vote was another nail in your coffin. Wyoming is the smallest state (population). The Board of Pharmacy did the right thing. They lived up to the mandate to protect the public and the governor killed their action with little examination. All he could see was that limiting pharmacists to 6 hours with no break could hurt the big companies. Too bad.
Mary’s letter indicates that the BOP was mightily pissed off. Otherwise, why bother? Jay Pee
I checked his educational background… he is an ATTORNEY.. could his vetoing this particular rule concerning mandatory breaks… be a self-serving act for his colleagues..
Safer pharmacies… fewer mistakes… few lawsuits and/or negotiated settlements… and thus less $$$ for attorneys..
Talk about profit$ over patient $afety…
I didn’t check his campaign funding… anyone want to put money on the fact that there is a chunk from the legal profession and particularly personal injury attorneys?
One of my favorite sayings… we have the best rules/laws/regulations that money can buy and the best politicians that entitlements can get elected-reelected.
Wyoming’s governor stated that the State Board of Pharmacy does not have authority to mandate working conditions. Does any other medical profession have authority to mandate working conditions of its members licensed by the state? Does any other licensed profession member in the state have authority to mandate its own working conditions, such as lawyers, or is this a matter for union members to resolve?
Who can mandate working conditions? Does he, and why does he? If he doesn’t, then who does?
Does this issue get resolved at the national level? Wyoming is one of the states that is ‘all about’ state’s rights in flouting national mandates such as gun control laws, bituminous coal production, and state income taxation.
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Cathy, it is good to hear from you. A voice of reason in a sea of cacophony. JP
All work environments “evolve”.. over the last 40 yrs.. our profession has evolved from one dominated by independent owners/Pharmacists to RPH/employees of public companies. the BOP’s primary duty is to protect the public’s health and safety… if the work environment evolves in such a manner that “the system” induces med errors… then it is probably time for the bureaucrats to set up to protect the public..
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Recently a major grocery store chain based in Cinni Ohio.. sent out a edict that all employees are MANDATED to take their meal/rest breaks.. because it made them for productive… BUT.. since the RPH’s are not part of the Union.. they are not mandated to take their breaks.
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How many RPH and Rx dept staff have complained that they did not have time to take a pee break.. yet any employer that denies, discourages, interfers with an employee taking a necessary bath room break.. is a violation of OSHA.. BUT.. OSHA doesn’t come looking for this violation.. they only show up when an employee is harmed or killed by on the job accident.
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I don’t hear about any mass complaints to OSHA by RPH’s over this issue.. seemingly they just “cross their legs” and keep working.
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When NC BOP went down this path – mandating work environment issues that affect safety.. they ended up in court.. and while costly .. the BOP prevailed…
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If what the BOP did is unconstitutional.. let the courts decide.. not just one man’s opinion.. IMO.. this whole decision may have more to do with inadequate budgets and having to spend time defending the decision of the BOP in a court of law.
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This is just like the PBM/insurance company.. you submit a claim.. they say NO.. cheapest/easiest thing they can do.. when you challenge them.. they bring out some vague/obscure clause in the coverage policy.. where they are hanging their hat.. for saying no.. over 50% of the patients that take their appeal to outside review board.. will prevail…
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There is a movement afoot for BOP’s to either get involved with work environment issues that affect medication errors and/or patient safety .. and/or promulgating regulations that allows them to levy stiffer/harsher fines/penalties on the permit holder.. who is responsible for such work environments issues.
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IMO.. for bureaucrats like Gov Matt Mead.. who try to keep patient safety and work place issues separate and distinct issues .. may have to eventually have to face the music when the media.. the pubic ..and the legal profession goes after those who/what are responsible for the med errors that harm patients.
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IMO… there is a whole lot of blame to go around… and there are more who are part of the problem .. than part of the solution.
The truck drivers that drive these 18 wheelers are restricted by the department of transportation from diving over a certain number of hours. Why? Because a sleepy truck driver is a danger to the public. Ok, what about a tired pharmacist that has been on his feet 10 hours without a rest break, without a meal break, or without a break to go to the restroom? Is he not also a risk to the public??? If the BOP’s have no authority to force certain working conditions, then maybe we should see if the department of transportation can force those changes. After all, a patient that gets the wrong meds from a tired pharmacist, takes the meds and drives, is a danger to the public.
@Peon… I have a friend from my teenage years .. and back in the early 90′s his business folded and he ended up becoming a over-the-road truck driver.. he would tell me about the 2-3 sets of “books” that they all kept.. to make it look like they were taking rest periods if/when they were stopped at a inspection stop. He also told me stories that many times he had the option to get a load back to a location by certain date/time and everyone knew that rest times were no part of the equation.. it was either take it… and take the risk of sitting somewhere.. waiting for another load to show up .. or “dead-head” (drive with no paying load) to another location to pick up a doable load.
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It is just like OSHA.. they don’t come looking for denial of restroom access.. someone has to complain… they only come out when the employer is FORCED to file a complaint when an employee is seriously harmed or kill from a work place accident.
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I still say that a one or more RPH’s could hire an attorney to file a complaint with HR/CCO/management/BOP and perhaps other bureaucrats.. and the RPH’s can hide behind the attorney/client confidentiality.
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The attorney doesn’t mention the number of RPH’s he/she represents.. but.. when it is a common problem… he/she could be representing a majority of the RPH’s on staff.
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It seems that a large number of RPH’s states that SOMEONE needs to do something.. well it appears that GEORGE is not going to do it ( let George do it)..
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I can assure you that everyone above you get the same/similar threats that you get.. the threat is to get everyone below them “in line”.. if you can’t we will find someone who can.
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everyone knows that they are bending/stretching/breaking laws.. but.. their job is at risk.. if they don’t conform..
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As long as corporation can keep individuals separated and/or isolated in small groups.. in order to keep them controlled…
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If you unhappy RPH’s are not using email groups, social media to undo that isolation… nothing is going to change. Either stuck it up.. or get on the stick and get your act together.
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Many of you are the next Eric Cropp in waiting…