1

CURRICULUM VITAE

David Benson Brushwood

CONTACT INFORMATION

Dept. of Pharmaceutical Outcomes & Policy

P.O. Box 100496

Gainesville, FL 32610-0496

(352) 273-6255

brushwood@cop.ufl.edu

PERSONAL INFORMATION:

Born in Columbia, MO, September 26, 1948

Married (Chris), Four Children (Julie, Charles, Paul, John)

Member: American Pharmacists Association

American Society for Pharmacy Law

(President, 1986-1988)

American Association of Colleges of Pharmacy

American Society of Health-System Pharmacists

American Society of Law Medicine & Ethics

(Health Law Teachers Section)

Phi Lambda Sigma

Rho Chi Pharmacy Honor Society

(Chapter Advisor 1986 - 1989)

With United States Army, 1970-1972.

EDUCATION:

Law University of Kansas, School of Law

Juris Doctor in May, 1981

Pharmacy University of Kansas, School of Pharmacy

B.S. in Pharmacy in August, 1975

Pre-pharmacy University of Kansas, School of Liberal Arts and Science,

B.A. in History in May, 1970

EMPLOYMENT EXPERIENCE:

Academia Professor

Department of Pharmaceutical Outcomes & Policy

University of Florida

College of Pharmacy

Gainesville, FL 32610

July, 1990 to present (tenure, 1993)

Associate Professor to Professor of Behavioral and Administrative

Pharmacy

School of Pharmacy

West Virginia University

WVU Medical Center

Morgantown, WV 26506

July, 1985 to June 1990 (tenure, 1988)

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Assistant Professor of Pharmacy Administration

The Philadelphia College of Pharmacy & Science

43rd and Woodland

Philadelphia, PA 19104

July, 1982 to June, 1985

Law Attorney

Fisher, Patterson, Sayler & Smith

520 First National Bank Tower

Topeka, KS 66604

May, 1981 to July, 1982

Legal Intern

Douglas County District Attorney

Lawrence, KS 66044

September, 1980 to May 1981

Law Clerk

Kansas Department of Health and Environment

Forbes Field, Topeka, KS 66620

May, 1979 to August, 1979

Pharmacy Pharmacist (Part-time)

Medicine Shoppe Pharmacy

1901 Massachusetts

Lawrence, KS 66044

June, 1980 to May, 1981

Pharmacist (Part-time)

Medical Arts Pharmacy

346 Maine Street

Lawrence, KS 66044

August, 1978 to May, 1981

Pharmacist

Gessler Drug Company

4702 Oakland Street

Wichita, KS 67208

May, 1975 to August, 1978

HONORS AND AWARDS:

Pellegrino Medal (2012)

Fellow, American Pharmacists Association (2007)

Mayday Scholar (1999-2000),(2001-2002)

Larry M. Simonsmeier Paper Award (1998)

University of Kansas Alumni Certificate of Recognition (1997)

American Society of Hospital Pharmacists Award for Achievement for

Sustained Contributions to the Literature of Pharmacy Practice (1994).

University of Florida Teaching Improvement Program Award (1993).

University of Florida College of Pharmacy Faculty Recognition Award

(1992, 1993)

West Virginia University School of Pharmacy Outstanding Teacher Award

(1986)

James Hartley Beal Award For The Best Paper In Pharmacy Law

(1981, 1983)

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Kanehl Scholarship Recipient (1979)

National Association of Retail Druggists Award (1975)

PUBLICATIONS:

Phillips, E., Brushwood, D. “Application of “moral luck” in a Case Involving a

Pharmacist,” 69 Am J Health System Pharm 1604 (2012).

Brushwood, D. “California Court‟s Decision Regarding a Physician‟s Petition for

Reinstatement of his Medical License,” 69 Am J Health System Pharm 2006 (2012).

Brushwood, D., Rich, B., Webster, L., Coleman, J., Passik, S., Brennan, M.,

“Balance and the Adoption of Abuse-Deterrent Opioid Formulations in Pain

Management Practice,” 1 University of the Incarnate Word Pharmacy Review 1

(2012).

Smith, W., Brushwood, D., “The Pharmacist‟s Responsibility for Optimizing Drug

Therapy Outcomes,” 22 The Pain Practitioner 38 (2012).

Brushwood, D., “Pharmacy Department Not Liable for Use of Contraindicated Drug in

Surgical Suite.” 69 Am J Health System Pharm 349 (2012).

Brushwood, D., et al., “Legal Liability Perspectives on Abuse-Deterrent Opioids

in the Treatment of Chronic Pain,” 24 Journal of Pain & Palliative Care

Pharmacotherapy 333 (2010).

Brushwood, D., “Legal Commentary on the Case of the Challenging Spouse.” 23

Journal of Pain & Palliative Care Pharmacotherapy 373 (2009).

Brushwood, D., “Recent Trends in Pharmacy Law and Regulation.” 51 Pharmacy in

History 98 (2009).

Brushwood, D., “Drug Enforcement Administration Liability for False Arrest of

Physician,” 23 Journal of Pain & Palliative Care Pharmacotherapy 156 (2009).

Brushwood, D., Nanni, K., “Hospital Liability for Accuracy of Pharmacist

Consultations,” 66 American Journal of Health-System Pharmacists 680 (2009).

Brushwood, D., Smith, W., “Warranties of a Compounding Pharmacist,” 66 American

Journal of Health-System Pharmacists 495 (2009).

Brushwood, D., “Should the DEA Conduct a „Patient Impact Assessment‟ When

Promulgating New Restrictions on Controlled Substance Distribution?,” 22 Journal

of Pain & Palliative Care Pharmacotherapy 322 (2008).

Brushwood, D., “Multiple Schedule II Prescriptions: The Final Rule,” 22 Journal

of Pain & Palliative Care Pharmacotherapy 139 (2008).

Katz,N., Houle, B, Fernandez, K., Kreiner, P., Thomas, C., Kim, M., Carrow, G.,

Audet, A., Brushwood, D., “Update on Prescription Monitoring in Clinical

Practice: A Survey Study of Prescription Monitoring Program Administrators,” 9

Pain Medicine 587 (2008).

Strickland, J., Huskey, A., Brushwood, D., “Pharmacist-Physician Collaboration in

Pain Management Practice,” 3 Journal of Opioid Management 295 (2007).

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Brushwood, D., “Electronic Prescription Monitoring Programs: A Data-Reporting

Tool Designed to Prevent Diversion,” 7(8) Practical Pain Management 78 (October,

2007).

Brushwood, D., “Patient Perspectives on Criminal Prosecutions of Pain Management

Practitioners: Lessons from the Fisher-Miller Case,” 21 Journal of Pain and

Palliative Care Pharmacotherapy 73 (2007).

Brushwood, D. “Managing Regulatory Risks in Controlled Substance Prescribing,”

House Calls, P. 16 (Summer, 2007).

Wilson, D., Kimberlin, C., Brushwood, D., Segal, R., “Constructs underlying

community dispensing functions relative to Florida pharmacy technicians,” 47

Journal of the American Pharmacists Association 588 (2007).

Brushwood, D., “The General Recognition and Acceptance Standard of Objectivity

for Good Faith in Prescribing: Legal and Medical Implications,” 21 Journal of

Pain and Palliative Care Pharmacotherapy 35 (2007)

Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21

Journal of Pain and Palliative Care Pharmacotherapy 47 (2007).

Brushwood, D., “Affirmation of States‟ Authority to Define Legitimate Medical

Purpose,” 63 American Journal of Health-System Pharmacists 1069 (2006).

Brushwood, D.,”Asking the DEA How to Practice Medicine,” painandthelaw.org

(April, 2006).

Wilson, D., Kimberlin, C., Brushwood, D., “Exploring the Professional Expertise

of Pharmacy Technicians,” 21 Journal of Pharmacy Technology 341 (2005).

Nayak, R., Brushwood, D., Kimberlin, C., “Should Oral Contraceptives Be Sold

Without a Prescription?” 18 Journal of Pharmacy Practice 479 (2005).

Brushwood, D., “Continued Fallout from the DEA Pain Management FAQ Withdrawal,”

painandthelaw.org (September, 2005).

Brushwood, D., Review of: Erlen and Spillane (Eds) “Federal Drug Control: The

Evolution of Policy and Practice,” 47 Pharmacy in History 77 (2005).

Wilson, D., Brushwood, D., Kimberlin, C., “Regulation and Florida Pharmacy

Technicians,” Florida Pharmacy Today, 18 (September, 2005).

Brushwood, D., “VIGIL: A Regrettable Necessity for Opioid Prescribing and

Dispensing,” painandthelaw.org (July, 2005).

Brushwood, D., Abood, R., Bova, J., Seifert, R., “Meeting Regulatory Challenges

in the Changing World of Pharmacy,” U. S. Pharmacist, Supplement to June, 2005

Issue.

Planas, L.G., Kimberlin, C.L., Segal, R., Brushwood, D.B., Hepler, C.D., “A

Pharmacist Model of Perceived Responsibility for Drug Therapy Outcomes,” 60

Social Science and Medicine 2393 (2005).

Brushwood, D., “Same Day Multiple Prescriptions: Clarifying the Bungled DEA

Message,” painandthelaw.org (March, 2005).

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Brushwood, D., “Defining Legitimate Medical Purpose,” 62 American Journal of

Health-System Pharmacists 306 (2005).

Brushwood, D., “Non-Negotiables in the DEA FAQ Redux,” painandthelaw.org

(February, 2005).

Kimberlin, C., Brushwood, D., Allen, W., Radson, E. and Wilson, D., “Cancer

Patient and Caregiver Experiences: Communication and Pain Management Issues,” 28

Journal of Pain and Symptom Management 566 (2004).

Brushwood, D. “Increased Liability for Under Prescribing Will Not Improve Pain

Management,” painandthelaw.org (July, 2004).

Brushwood, D., Kimberlin, C., “Media Coverage of Controlled Substance Diversion

Through Theft or Loss,” 44 Journal of the American Pharmacists Association 439

(2004).

Brushwood, D., “Why Is Our Government Pursing a War on Doctors?”

painandthelaw.org (June, 2004).

Fishman, S., Tucker, K., Brushwood, D., “Medico-Legal Case Report and Commentary:

Inadequate Pain Management in the Context of Terminal Cancer. The Case of Lester

Tomlinson,” 5 Pain Medicine 218 (2004).

Brushwood, D., “The Chilling Effect is No Myth,” painandthelaw.org (January,

2004).

Jansen, L., Lebovits, A., Brushwood, D., “Of Self-Determination, Care by Proxy,

and New Techniques,” 5 Pain Medicine 94 (2004).

Brushwood, D., “Drug Control Policy Out of Balance,” painandthelaw.org, June,

2003.

Brushwood, D., “Professional Casualties in America‟s War on Drugs,” 60 American

Journal of Health-System Pharmacists 2004 (2003).

Brushwood, D. (Book Review), “A Question of Intent: A Great American Battle with

a Deadly Industry,” 60 American Journal of Health-System Pharmacists 1799 (2003).

Brushwood, D. and Allen, W., “Distinction Between Innovative Therapy and

Research,” 60 American Journal of Health-System Pharmacists 383 (2003).

Brushwood, D., “Maximizing the Value of Electronic Prescription Monitoring

Programs,” 31 Journal of Law, Medicine & Ethics 41 (2003).

Brushwood, D. and Kimberlin, C., “Voluntary Undertaking Rule and Duty to Warn,”

59 American Journal of Health-System Pharmacists 1867 (2002).

Brushwood, D., “Treating Addiction and Treating Pain,” painandthelaw.org

(September, 2002).

Lipowski, E., Campbell, D., Brushwood, D. & Wilson, D., “Times Savings Associated

with Dispensing of Unit-of-Use Packages,” 42 Journal of the American

Pharmaceutical Association 577 (2002).

Brushwood, D., “Liability Implications of Innovative Drug Therapy: The

Significance of Clinical Guidelines in Establishing the Legal Standard of Care,”

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15 Journal of Pharmacy Practice 279 (2002).

Brushwood, D., “For Relief of Pain: Know the Federal Rules for Dispensing

Controlled Substances,” painandthelaw.org (July, 2002).

Brushwood, D. and Winterstein, A., “Manufacturer Warnings of System-Related

Medication Errors,” 59 American Journal of Health-System Pharmacists 1110 (2002).

Brushwood, D., “Governance of Pharmacy, 1952-2002,” 42 Journal of the American

Pharmaceutical Association 383 (2002).

Brushwood, D. and Belgado, B., “Judicial Policy and Expanded Duties for

Pharmacists,” 59 American Journal of Health-System Pharmacists 455 (2002).

Brushwood, D., “The Pain Treatment Agreement,” painandthelaw.org (June,

2002).

Brushwood, D., “The Pharmacist‟s Duty to Dispense Legally Prescribed and

Therapeutically Appropriate Opioid Analgesics,” 68(1) Pharmacy Times 55

(January, 2002).

Nayak, R., Kimberlin, C., Brushwood, D., and Hepler, C., “Influence of

Attitudes and Subjective Norms on Behavioral Intention to Acquire Oral

Contraceptives Over-the-Counter,” 18 Journal of Social and Administrative

Pharmacy 185 (2001).

Brushwood, D., “Legislative Responses to the OxyContin “Crisis” in Florida,”

(November, 2001).

Brushwood, D., “Legal Issues Surrounding Therapeutic Interchange in

Institutional Settings: An Update,” 36 Formulary 796 (2001).

Brushwood, D., “Responsive Regulation of Internet Pharmacy Practice,” 10

Annals of Health Law 75 (2001).

Brushwood, D., “Governance of Pharmacy, 1902-52,” 41 Journal of the American

Pharmaceutical Association 376 (2001).

Brushwood, D., “From Confrontation to Collaboration: Collegial Accountability

and the Expanding Role of Pharmacists in the Management of Chronic Pain,” 29

The Journal of Law, Medicine & Ethics 69 (2001).

Noah, B. and Brushwood, D., “Adverse Drug Reactions in Elderly Patients:

Alternative Approaches to Postmarket Surveillance,” 33 Journal of Health Law

383 (2000).

Brushwood, D., “Governance of Pharmacy, 1852-1902,” 40 Journal of the

American Pharmaceutical Association 347 (2000).

Brushwood, D., “Clinical Practice Guidelines and The Standard of Care,” 57

American Journal of Health-System Pharmacy 159 (2000).

Brushwood, D. and Mullan, K., Preceptor Responsibility for Supervising

Pharmacy Intern,” 57 American Journal of Health-System Pharmacy 58 (2000).

Brushwood, D., “Pharmacy Litigation Review: Hospital Administration and the

Pharmacy Department,” 15 Journal of Pharmacy Technology 118 (1999).

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Brushwood, D. and Maultsby, J., “Judging Pharmacy Practice: An Evaluation of

Pharmacy Case Law and of Incident Reports from a Major Pharmacy Chain: Can

Records of Past Problems Facilitate Improvement in the Future?” Pharmacy Law

Annual 73 (1999).

Brushwood, D., “Reimbursement for Unlabeled Medication Use,” 56 American

Journal of Health-System Pharmacy 257 (1999).

Nau,D., and Brushwood, D., “State Pharmacy Regulators‟ Opinions on Regulating

Pharmaceutical Care Outcomes,” 32 The Annals of Pharmacotherapy 642 (1998).

Brushwood, D., “Regulating for Pharmaceutical Care Outcomes,” 38 Journal of

the American Pharmaceutical Association 524 (1998).

Brushwood, D., and Abood, R., “Pharmacists & The Right of Conscience,”

Florida Pharmacy Today 18 (April, 1998).

Mullan, K., and Brushwood, D., “The Civil Liability of Manufacturers, Doctors

and Pharmacists,” 258 The Pharmaceutical Journal 309 (1997).

Brushwood, D., “The Pharmacist‟s Duty Under OBRA-90 Standards,” 18 Journal of

Legal Medicine 475 (1997).

Allen, W., and Brushwood, D., “Pharmaceutically Assisted Death and the

Pharmacist‟s Right of Conscience,” 5 Journal of Pharmacy & Law 1 (1996).

Brushwood, D., “The Professional Capabilities and Legal Responsibilities of

Pharmacists: Should „Can‟ Imply „Ought‟?” 44 Drake Law Review 439 (1996).

Mullan, K., Allen, W., and Brushwood, D., “Conscientious Objection To

Assisted Death: Can Pharmacy Address This In A Systematic Fashion?” 30 The

Annals of Pharmacotherapy 1185 (1996).

Brushwood, D., “Potential Liability of Managed Care Organizations for

Malpractice of Participating Physicians,” 2 Journal of Managed Care Pharmacy

598 (1996).

Brushwood, D. And Allen, W., “Constitutional Right To Pharmaceutically

Assisted Death,” 53 American Journal of Health-System Pharmacy 1797 (1996).

Brushwood, D., "How Old Legal Precedents Produce New Rules of Law: A Case

Study of Jones v. Walgreen," 38 Pharmacy In History 3 (1996).

Brushwood, D., "Corporate Pharmacy's Responsibility For a Dispensing Error,"

53 American Journal of Health-System Pharmacy 668 (1996).

Mullan, K. and Brushwood, D., "Pharmacist's Duty to Refrain From Dispensing

Addictive Medication If Necessary," 53 American Journal of Health-System

Pharmacy 308 (1996).

Brushwood, D., "The Pharmacist's Expanding Legal Responsibility for Patient

Care," 12 Journal of Social and Administrative Pharmacy 53 (1995).

Brushwood, D., "Limits to Pharmacist's Duty to Warn," 52 AmericanJournal of

Health-System Pharmacy 1337 (1995).

Brushwood, D., "Hospital's Independent Responsibility to Obtain Informed

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Consent," 51 American Journal of Hospital Pharmacy, 2176 (1994).

Brushwood, D., "Hospital Pharmacist's Duty to Question Clear Errors in

Prescriptions," 51 American Journal of Hospital Pharmacy, 2031 (1994).

Brushwood, D., "Legal Justification for Licensure of Pharmacy Technicians,"

Journal of Pharmacy Technology, 10:61 (1994).

Brushwood, D., "Admissibility of scientific testimony into evidence,"

American Journal of Hospital Pharmacy, 51: 683 (1994).

Brushwood, D., "Hospital and pharmacist liability for sexual harassment of a

pharmacy technician," American Journal of Hospital Pharmacy, 51: 397 (1994).

Brushwood, D., "The pharmacist's drug information responsibility after McKee

v. American Home Products," Food and Drug Law Journal, 48: 377 (1993).

Brushwood, D., "Patient injury and attempted link with pharmacist's

negligence," American Journal of Hospital Pharmacy, 50: 2382 (1993).

Brushwood, D., "Pharmacolegal Considerations in the Clinical Use of

Decongestants," Pharmacotherapy, 13: 135S (1993).

Brushwood, D., and Fern, F., "Clozaril and the Threat of Product Liability:

Defensive Drug Distribution Invites Regulatory Reform," Journal of Products &

Toxics Liability, 15: 145 (1993).

Brushwood, D., "Hospital's Obligation to Monitor Medical Services," American

Journal of Hospital Pharmacy, 50: 1437 (1993).

Brushwood, D., "Conscientious Objection and Abortifacient Drugs," Clinical

Therapeutics, 15: 204 (1993).

Brushwood, D., "Hospital's refusal to hire HIV-infected pharmacist without

restrictions violates Rehabilitation Act," American Journal of Hospital

Pharmacy, 49: 1959 (1992).

Brushwood, D., "Government liable for failure to monitor a patient's

serum gentamicin concentration in an Army hospital," American Journal of

Hospital Pharmacy, 49: 1748 (1992).

Brushwood, D., Catizone, C., and Coster, J., "OBRA 90: What it means to

your practice," U. S. Pharmacist, Special Insert, August, 1992.

Brushwood, D., "Hospital liable for allergic reaction to heparin used in

injection flush," American Journal of Hospital Pharmacy, 49: 1491 (1992).

Brushwood, D., "Hospital liable for defect in cardioplegia solution,"

American Journal of Hospital Pharmacy, 49: 1174 (1992).

Weinstein, B., Brushwood, D., "Counseling: The Court's Decisions," U. S.

Pharmacist, 17(3): 76 (1992).

Brushwood, D., "Prison pharmacist may be liable for refusing to dispense

anticonvulsants to an inmate," American Journal of Hospital Pharmacy,

49: 636 (1992).

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Brushwood, D., and Carlson, J., "The Pharmacist's Responsibility to Evaluate

Suspicious Prescriptions," Food Drug Cosmetic Law Journal, 46:467 (1991).

Brushwood, D., "Legal Expectations of Expanded Pharmacy Practice," Florida

Pharmacy Today, 55(6):18 (June, 1991).

Brushwood, D., "How Courts May View a Pharmacist's Drug Counseling

Responsibility," California Pharmacist, 39(2):20 (August, 1991).

Brushwood, D., "Women of childbearing capacity may not be excluded from

working with hazardous substances because of their gender," American

Journal of Hospital Pharmacy, 48: 1281 (1991).

Brushwood, D., "The Pharmacist's Duty to Warn: Toward a Knowledge-Based Model

of Professional Responsibility, Drake Law Review, 40: 1 (1991).

Brushwood, D., "Criminal conviction for distribution of a drug not

approved by the FDA," American Journal of Hospital Pharmacy, 48: 747

(1991).

Brushwood, David B., "The Duty to Counsel: Reviewing a Decade of Litigation,"

DICP: The Annals of Pharmacotherapy, 25: 195 (1991).

Brushwood, D., "State's right to treat a prisoner forcibly with

antipsychotic drugs without a judicial hearing," American Journal of

Hospital Pharmacy, 48: 309 (1991).

Schulz, R. and Brushwood, D., "The Pharmacist's Role in Patient Care,"

Hastings Center Report, 21: 12 (January-February, 1991).

Brushwood, D., "Need for clear and convincing evidence of a patient's

wishes before artificial nutrition and hydration may be withdrawn,"

American Journal of Hospital Pharmacy, 47: 2720 (1990).

Weinstein, B., and Brushwood, D., "Ethical Issues in Pharmacy: Deception,"

U.S. Pharmacist, 15(9): 88 (1990).

Weinstein, B., and Brushwood, D., "Confidentiality: an ethical issue," U.S.

Pharmacist, 15(5): 53 (1990).

Brushwood, D., "Pharmacist's qualifications as an expert witness on a

physician's standard of care," American Journal of Hospital Pharmacy, 47:

2078 (1990).

Brushwood, D., "Liability of dispensing to an inpatient an estrogenic

drug without a patient package insert," American Journal of Hospital

Pharmacy, 47:1804 (1990)

Brushwood, D., "Drugs for the intentional termination of pregnancy," Topics

in Hospital Pharmacy Management, 10(1):34 (1990).

Brushwood, D., "Is a hospital negligent because one of its pharmacists

allowed a medical resident to obtain an abortifacient for a girlfriend?,"

American Journal of Hospital Pharmacy, 47: 822 (1990).

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Brushwood, D., "Must a Catholic hospital inform a rape victim of the

availability of the `morning-after pill'?," American Journal of Hospital

Pharmacy, 47: 395 (1990).

Brushwood, D., and Lively, B., "Refusal to Dispense a Prescription: What is

the Law?" American Pharmacy, NS29:645 (1989).

Brushwood, D., "Pharmaceutical Litigation: Judicial Tort Reform and Strict

Liability," The Journal of Legal Medicine, 10:377 (1989).

Brushwood, D., "An Overview of Pharmacist Malpractice Litigation," Pharmacy

Law Annual 1988, pp 3-47 (1989).

Brushwood, D., "Drug Induced Birth Defects: Difficult Decisions and Shared

Responsibility," West Virginia Law Review, 91:51 (1989).

Simonsmeier, L., and Brushwood, D., "Drug Counseling By Pharmacists: The Need

For Legal Recognition," Patient Education and Counseling, 13:43 (1989).

Brushwood, D., Kaufman, H., and Trumbull, W., "New Technologies and Patient

Choice: A lesson from the Chymopapain experience," Law and Medicine, 7:211

(1988).

Brushwood, D. and Simonsmeier, L., "Drug Information For Patients," The

Consultant Pharmacist, 3:149 (1988).

Brushwood, D., "Liability For Unauthorized Prescription Refills," U.S.

Pharmacist, 13(4):29 (1988).

Brushwood, D., "Strict Liability in Tort: Appropriateness of the Theory for

Retail Pharmacists," Food Drug Cosmetic Law Journal, 42:269, (1987).

Brushwood, D., "Liability Issues in Pharmacy Practice and Drug Distribution,"

The Australian Journal of Pharmacy, 68:135, (1987).

Brushwood, D., "Integrating Law Study into the Pharmacy Curriculum," American

Journal of Pharmaceutical Education, 51:84, (1987).

Brushwood, D., "Riff v. Morgan Pharmacy," Law, Medicine and Health Care,

14:202, (1987).

Brushwood, D., Simonsmeier, L., "Riff v. Morgan Pharmacy, A Legal Mandate for

Patient-Oriented Pharmacy Practice," American Pharmacy, NS27:232, (March,

1987).

Brushwood, D., "Patient-Oriented Practice can Reduce Damages in Pharmacist

Malpractice Suits," Legal Aspects of Pharmacy Practice, 10(2):11,

(March/April, 1987).

Brushwood, D., "Trends to Watch in Pharmacy Practice Liability," Drug Topics,

131(3):64, (February 2, 1987).

Brushwood, D., Tietze, K., "Eating Disorders and Ipecac Syrup," U.S.

Pharmacist, 12(2):80, (February, 1987).

Brushwood, D., "Common Grounds for Revoking Pharmacy Licenses," U.S.

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Pharmacist, 12(2):41, (December, 1986).

Brushwood, D., "Pharmacy and the Law: Competency is Not Optional," Merck

Minutes, 3(3):1, (October 19, 1986).

Brushwood, D., "Employer v. Employee: Cooperate or Litigate?" Legal Aspects

of Pharmacy Practice, 9(5):1, (September/October, 1986).

Brushwood, D., "What Can You Do About Forged Prescriptions?" U.S.

Pharmacist, 11(9):24, (September, 1986).

Brushwood, D., Simonsmeier, L., "Drug Information For Patients: Duties

of the Manufacturer, Pharmacist, Physician and Hospital," The Journal of

Legal Medicine, 7:279, (1986).

Brushwood, D., "Why Pharmacy Licenses Are Restricted," U.S. Pharmacist,

11(7):22, (July, 1986).

Brushwood, D., "How Two New Court Decisions Affect Your Liability," U.S.

Pharmacist, 11(3):20, (March, 1986).

Brushwood, D., "Proving Causation in Drug-Related Suits," U.S. Pharmacist,

11(11):16, (Jan., 1986).

Brushwood, D., Teitze, K., "The Regulatory Controversy Surrounding Syrup of

Ipecac Use and Misuse," American Journal of Hospital Pharmacy, 43:157,

(1986).

Brushwood, D., "Proscriptions on Nonprescription Sales," Legal Aspects of

Pharmacy Practice, 9(1):4, (Jan./Feb., 1986).

Brushwood, D., "Legal Careers for Pharmacists," Tomorrow's Pharmacist,

8(2):4, (Jan./Feb., 1986).

Brushwood, D., "A Sourcebook for Research in Law and Medicine," (Book

Review), American Journal of Pharmaceutical Education, 49:446, (1985).

Brushwood, D., "Liability for Erroneously Reporting a `Forged' Prescription,"

U.S. Pharmacist, 10(12):16, (Dec., 1985).

Brushwood, D., Fink, J., "The Right to Refuse Treatment with Psychotropic

Medications," American Journal of Hospital Pharmacy, 42:2709, (1985).

Brushwood, D., "The Pharmacist's Duty to Counsel Patients: Recent Legal

Developments," Patient Counseling in Community Pharmacy, 4(1):13,

(Sept./Oct., 1985).

Brushwood, D., Cole, M., "The Case for Pharmacy Law as a Career," Legal

Aspects of Pharmacy Practice, 8(6):1, (Aug./Sept., 1985).

Brushwood, D., "Legal Aspects of a Testosterone - Lowering Drug Used in Sex

Offenders," U.S. Pharmacist, 10(3):33, (March, 1985).

Brushwood, D., "Liability for Disparaging Remarks," U.S. Pharmacist,

10(1):14, (Jan., 1985).

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Brushwood, D., Abood, R., "A Third Class of Drug," Drug Intelligence and

Clinical Pharmacy, 19:62, (1985).

Brushwood, D., "Privileged Information In Pharmacy," U.S. Pharmacist,

9(11):16, (Nov., 1984).

Brushwood, D., "Pharmacy Law and Ethics," 3rd Ed. (Book Review), American

Journal of Pharmaceutical Education, 48:344, (1984).

Brushwood, D., "The Pharmacist and Execution By Lethal Injection," U.S.

Pharmacist, 9(9):25, (Sept., 1984).

Brushwood, D., "Cases In Pharmacy Law," American Druggist, 190(1):33, (July,

1984).

Brushwood, D., "Liability for Suicide," U.S. Pharmacist, 9(7):25, (July,

1984).

Myers, M., Brushwood, D., "Prescription Forgeries Abound," American Druggist,

189(6):42, (May, 1984).

Brushwood, D., "Can Countersuits Counteract Frivolous Malpractice Claims?"

Legal Aspects of Pharmacy Practice, 7(3):1, (April/May, 1984).

Brushwood, D., "Is There a Pharmacist-Patient Privilege?" Law, Medicine &

Health Care, 12(2):63, (April, 1984).

Brushwood, D., "The Pharmacist's Duty To Warn The Patient, Part I", U.S.

Pharmacist, 9(2):21, (Feb., 1984).

Brushwood, D., "The Pharmacist's Duty to Warn The Patient, Part II," U.S.

Pharmacist, 9(3):18, (March, 1984).

Myers, M., Brushwood, D., "Pharmacy Crime Study Gives Clues on How to Avoid

Being Victimized," American Druggist, 189(2):101, (Feb., 1984).

Brushwood, D., Barton, K., "Community Pharmacists Speak Out About Curbing

Crimes Against Pharmacists," Legal Aspects of Pharmacy Practice, 6(8):2,

(Nov./Dec., 1983).

Brushwood, D., "Two Legal Issues: Expert Witnesses and Bendectin Case

(letter)," Drug Intelligence and Clinical Pharmacy, 17:848, (1983).

Brushwood, D., "How To Avoid Bottlenecks in Repackaging Drugs," Legal Aspects

of Pharmacy Practice, 6(7):1, (Oct./Nov., 1983).

Brushwood, D., "Insured Pharmacist's Rights in Settlements Out of Court,"

U.S. Pharmacist, 8(12):18, (Dec., 1983).

Brushwood, D., "The Informed Intermediary Doctrine and The Pharmacist's Duty

to Warn," The Journal of Legal Medicine, 4:349, (1983).

Myers, M., Grieshaber, L., Brushwood, D., "Pharmacy Crime Problem Worsens,

New Study Finds," American Druggist, 188(2):24, (August, 1983).

Brushwood, D., Myers, M., "The Statute of Limitations," U.S. Pharmacist,

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8(6):10, (June, 1983).

Brushwood, D., "Pharmacist Liability For Suicide By Drug Overdose," American

Journal of Hospital Pharmacy, 40:439, (1983).

Brushwood, D., "Grounds For Revocation Or Suspension Of A Pharmacist's

License," American Pharmacy, NS 22:574, (1982).

Brushwood, D., "Can You Read The Handwriting On The Wall? The Pharmacist's

Liability In Filling Prescription Orders," Legal Aspects of Pharmacy

Practice, 5(6):1 (1982).

Brushwood, D., "Pharmacist Malpractice Law in Kansas," Journal of Kansas

Pharmacy, 56(4)10, (1982).

Brushwood, D., "Use Of The Countersuit by Pharmacists Who Have Been

Groundlessly Sued For Malpractice," Contemporary Pharmacy Practice, 5(2):95,

(1982).

Brushwood, D., Warren, H., "Prosecuting The Prescription Forger," American

Pharmacy, NS 21:702, (1981).

Brushwood, D., "Market Share Liability and The Health Care Professional,"

Law, Medicine and Health Care, 9(6):30 (1981).

Stella, V., Brushwood, D., Patton, T., Mikkelson, T., "Current Drug

Bioavailability Information-Oxytetracycline," Journal of Kansas Pharmacy,

50(11):20, (1976).

Brushwood, D., Patton, T., Stella, V., "Current Drug Bioavailability

Information-Insulin," Journal of Kansas Pharmacy, 50(4):21, (1976).

Brushwood, D., Patton, T., Stella, V., "Current Drug Bioavailability

Information-Nitrofurantoin," Journal of Kansas Pharmacy, 49(11):14, (1975).

REGULAR COLUMNIST:

Dickinson's Pharmacy (Monthly Column)(1989-1996)

August, 1989: The Duty to Counsel

September, 1989: Monitoring Physician Prescribing

October, 1989: Termination From Medicaid Program

November, 1989: Unfair DME Marketing

December, 1989: Using the Title "Doctor"

January, 1990: Mail-order Rx Contact Lenses

February, 1990: Medicaid Must Pay For AZT

March, 1990: Pharmacist Wins On A Technicality

April, 1990: A Loophole Plugged

May, 1990: Preferential Pricing/Statute of Limitations

June, 1990: Supermarket Pharmacy Enjoyed

July, 1990: Shoplifting Liability

August, 1990: Experts and Malpractice

September, 1990: HCFA Rejection of AWP upheld

October, 1990: No-Refund Software

November, 1990: "Pharmacist a technician"

December, 1990: Pharmacy Not Liable

January, 1991: Duty to Warn of Drug Interactions

14

February 1991: Stemming Antitrust Victory

March 1991: Unfair Reimbursement Rejected by Court

April, 1991: Unnecessary Abortion

May/June 1991: Security Kills Customer

July 1991: Sexual Harassment

August, 1991: Mother to the Rescue

September 1991: OTC to Rx Switch

October, 1991: No Duty to Non-customer

November, 1991: Changing Computer Warnings

December, 1991: No Expert Witness / No Malpractice

January, 1992: No Handicap Discrimination

February, 1992: Pharmacist Stays Out of Jail

March, 1992: Misplaced Decimal Point Leads To Suit

April, 1992: Medicaid "Aggregate Analysis" Rejected

May, 1992: Court Says Physician Dispensing O.K.

June, 1992: Patient Counseling Reduces Liability

August, 1992: Pharmacist Not A "Health Care Provider"

September, 1992: Privacy, Prescriptions and Police

October, 1992: $700,000 Settlement for Dispensing Lindane

November, 1992: Pharmacist Profits From Invention

December, 1992: Patient's Abortion Not Relevent Evidence

January, 1993: Insurance Covers Negligence and Sloppiness

February, 1993: Not Liable for Addict's Overdose

March, 1993: Mail-Order Pharmacy Sues Employee Pharmacist

April, 1993: Pharmacist Forgets PPI; But No Liability

May, 1993: Nuclear Pharmacy Mixup

June, 1993: Pharmacist Not An Expert

July, 1993: Everyone Sells Cough Syrup--Nobody is Liable

August, 1993: Courts Hear Only Reliable and Relevant Science

September, 1993: Home Care Liability

October, 1993: Duty to Warn

November, 1993: Switched Labels

December, 1993: Court Upholds OBRA 90

January, 1994: English-Only Warnings

February, 1994: Duty to Detect Prescribing Errors

March, 1994: Methamphetamine too frequently

April, 1994: Pharmacists Must Be Perfect

May, 1994: Mail Rxs and the Duty to Warn

June, 1994: Protocols and Procedures

July, 1994: Controlled Substances Diversion

August, 1994: Expert Testimony Fails

September, 1994: A Rude Pharmacist

October, 1994: The Causation Issue

November, 1994: Misfilled Rx No "Accident"

December, 1994: Duty to Refuse Prescriptions

January, 1995: 28.5 Rxs/hour is O.K. (maybe)

February, 1995: Warning Unforseeable Users

March, 1995: Compounded OTCs

April, 1995: Health Care Provider

May, 1995: Patient Adds Refills

June, 1995: Substance Over (Rx) Form

July, 1995: DUR and Confidentiality

August, 1995: Even Pharmacists Need Rxs

September, 1995: Institutional Control

October, 1995: The Wrongful Conduct Rule

November, 1995: Conscious Disregard

15

December, 1995: Reduction in Damages

January, 1996: Fraudulent Concealment

February, 1996: Walking Your Talk

March, 1996: Restricted Practice

NABP Newsletter (Semi-Monthly Column) (1989-2001)

October, 1989: Restricting Retail Pharmacy Permits for

Nonprofit Hospitals

January, 1990: Revoking a Retail Dealer's Permit

March, 1990: Mandatory Patient Counseling; Is There Really a

Mandate?

June, 1990: Prescribing Is Not The Delivery of Controlled

Substances

September, 1990: Pharmacist Liability for Mistake in

Notifying DEA

November, 1990: Good Faith Irrelevant in Record Keeping

December, 1990: Compounding Center Enjoined

January, 1991: License Suspension For Reselling Drugs

Reversed on Appeal

March, 1991: Procedural Error by State Board Does Not

Invalidate Statute

July, 1991: Filling Forgery May Mean Liability For Addict's

Death

September, 1991: Pharmacist Not Coerced By Board Inspector

November/December, 1991: No Liability Despite State Board

Counseling Mandate

February, 1992: Invalid "Phone" Prescriptions

June, 1992: Board Rules Set Practice Standards-Employer

Policies Do Not

August, 1992: Peer Review Confidentiality Subject to

Judicial Scrutiny

January, 1993: Board Sued for Race and Age Discrimination

March, 1993: License Suspension Upheld

July/August, 1993: No Right to Reinstatement Hearing

October, 1993: Good Faith in Dispensing

December, 1993: State Board Not Required To Produce Information

February, 1994: No Duty to Refuse Propoxyphene Prescriptions

April, 1994: Pharmacist Benefits from Professional Status

July, 1994: Federal Decision Restricts Compounding

September/ October, 1994: No Reimbursement for Seizure of

Diverted Pharmaeuticals

December, 1994: Pharmacist Duty to Warn

February, 1995: Workload and Malpractice

April/May, 1995: Jury Duty

July, 1995: Liability and Actions Outside the Defined

"Practice of Pharmacy"

September, 1995: Regulating for Quality Pharmacy Practice

December, 1995: Boards of Pharmacy and Dispensing Errors

February, 1996: Liability for Failure to Detect Drug-Drug

Interaction

August, 1996: Pharmaceutical Care Outcomes Regulation: What Is It?

September, 1996: Regulating Pharmaceutical Care Outcomes: Past and

Present

October, 1996: Regulating Pharmaceutical Care Outcomes: Into the Future

November/December, 1996: Nuts and Bolts of Pharmaceutical Care Outcomes

Regulation

16

January, 1997: Teaching Judgment in the Pharmacy Law Course

March, 1997: Proactive Quality Oversight Through Meaningful Peer Review

June/July, 1997: Consumer Surveys

September, 1997: Systems and Repair

November, 1997: The Quality-Related Event

January, 1998: Setting the Agenda for Expanded Enforcement Activity

March, 1998: Easy Work for Pharmacists: Can (or Should) It Be the Law?

May/June, 1998: Continuing Education and Protection of the Public Health:

What is the Next Step?

August, 1998: Are You The Enemy?

October/November, 1998: Regulating the Pharmacist‟s Right of Conscience

January, 1999: Workload is a Labor Issue

March, 1999: Use of Board Rulemaking to Increase Responsibility Within

Existing Authority

May/June, 1999: How to Be Voted Least Popular at a Pharmacy Meeting

August, 1999: Dispensing Pursuant to E-Mail Diagnosis May Violate Federal

Law

October, 1999: Regulating Appropriate Pain Management

January, 2000:Regulating Quality by Enabling System Change

March, 2000: Hindsight Bias

May, 2000: Paternalism in the Regulation of Internet Pharmacy

October/November, 2000: Flexibility Through Demonstration Projects

January, 2001: Protecting the Public by Protecting Their Drugs

March, 2001: The Challenges of Pharmacogenomics for Pharmacy Regulation

May/June, 2001: Reinterpreting “Unable to Supply”

August, 2001: Diagnosing a Fraudulent Prescription Order

October, 2001: Solving the OxyContin Abuse “Crisis”

Pharmacy Today (Monthly Column) (1996-present)

September, 1996: “Personal Knowledge” and the Pharmacist‟s Duty to Warn

October, 1996: Public Disclosure of Private Facts

November, 1996: Liability Claims Must Be Fact Based

December, 1996: Dispensing Errors Have Many Consequences

January, 1997: Are People or Systems Responsible for Errors?

February, 1997: Failure to Monitor for Asthma Inhaler Overuse

March, 1997: The Pharmacist‟s Role With Controlled Substances

April, 1997:

May, 1997: Administrative Discipline Settlements Can‟t be Used to Prove

Malpractice

July, 1997: No Liability For Erroneous Reporting Of Fraudulent

Prescription

August, 1997: Generic Substitution Requires Notification

September, 1997: Marijuana Still Not Legitimate Medicine

October, 1997: Corresponding Responsibility of a Pharmacist

November, 1997: Individual v. Corporate Responsibility

December, 1997: Anticipating Suicide and Documenting Authority to

Dispense

January, 1998: Can a Pharmacist Refuse to Refuse a Prescription?

February, 1998: Misinterpreted Prescriptions and Accuracy Audits

March, 1998: The Effect of Pharmacy Crimes on Access to Medications

April, 1998: Allergic Reaction Follows Non-Equivalent Substitution

May, 1998: Externs, Preceptors and Responsibility for Error

June, 1998: Death from Excessive Dosage

July, 1998: When a Medication Error “Speaks for Itself”

August, 1998: You Snooze, You Lose

17

September, 1998: Emotional Distress of Witness to Adverse Drug Event

October, 1998: Trade Secrets and the New Employer

November, 1998: Pharmacy Sued for Underdose Error

December, 1998: Restitution for Employee Theft

January, 1999: Grandmother Harmed by Error in Dispensing Child‟s

Medication

February, 1999: Pharmacy Error Not an On-The-Job Injury

March, 1999: “As Directed” Leads to Lawsuit

April, 1999: No Insurance Coverage for “knowing endangerment”

May, 1999: Wrong Directions, but No Harm Proved

June, 1999: Dexamethasone-Induced Adverse Effects

July, 1999: Lawyers and Their Arguments

August, 1999: Fen-Phen Warnings and Pharmacist Duties

September, 1999: OBRA „90 Recognized as Standard of Care

October, 1999: Losing the Learned Intermediary Defense

November, 1999: Television Expose Biases Jury

December, 1999: Court Allows Some Leeway on Rules and Policies

January, 2000: Accommodating Religious Beliefs

February, 2000: Hey, Look What We Did!

March, 2000: The Pharmacist and Patient: Equal Partners

April, 2000: Court Awards $16 Million for Negligent Retention and

Supervision of Pharmacist

May, 2000: Accommodation of Disabilities

June, 2000: Discovery and Incident Reports

July, 2000: A Pharmacy is Not an Urgent Care Center

August, 2000: Admitting Mistakes and Admitting Negligence

September, 2000: Righting a Wrong

November, 2000: Confirming an Excessive Dosage

December, 2000: Allergy Screening

January, 2001: Confirming Inquiries Regarding Pediatric Doses

February, 2001: Dispensing to Family Members

March, 2001: No Damages from Refusal to Dispense

April, 2001: Stress in the Pharmacy Workplace

May, 2001: Voluntary Duties

June, 2001: Screening for Fraudulent Prescriptions

July, 2001: Choosing the Applicable State Law

August, 2001: Rule Out Dispensing Error

September, 2001: Electronic Prescribing and Financial Risks

October, 2001: Physician Defames Pharmacist

November, 2001: Incivility in the Pharmacy

December, 2001: Peer Review Protection from Discovery

January, 2002: Breach of Duty, But no Causation

February, 2002: Shared Accountability

March, 2002: Science in the Courtroom

April, 2002: Pharmacy Owes Duty to Warn of Foreseeable Drug Allergy

May, 2002: Court Allows Access to Pharmacy Records

June, 2002: Discharge from “at will” Employment

July, 2002: Predicting Look Alike, Sound Alike Drug Names

August, 2002: Pharmacist-Legislators and Conflict of Interest

September, 2002: Drive-up Windows and Security

October, 2002: Expanded Responsibility Can Mean Expanded Liability

November, 2002: Separating Cause and Conduct

December, 2002: Pediatric Labeling is Not Mandatory

January, 2003: Parental Duty and Error Detection

February, 2003: Waiving the Right to Counseling

March, 2003: Paregoric, Not Opium Tincture

18

April, 2003: Policing the Police

May, 2003: Pharmacy Board Hearings Must Be Fair and Impartial

June, 2003: Package Inserts and ADR Reports as Causation Evidence

July, 2003: Diverting Preferentially Priced Drugs

August, 2003 $1 Million Verdict Not the Result of Passion or Prejudice

September, 2003: FDA Permitted to Inspect Compounding Pharmacy

October, 2003: Liability for Under Treating Pain

November, 2003: The Quandary of Altered Refills

December, 2003: Compounding, Not Manufacturing

January, 2004: Qualifying the Expert Witness

February, 2004: Limiting Physicians Access to Medications

March, 2004: Drug Therapy Monitoring in Assisted Living Facilities

April, 2004: Right Drug—Wrong Patient

May, 2004: Regulatory Violation is Negligence

June, 2004: An Information Leaflet May Contain an Express Warranty

July, 2004: A Pharmacist Provides a Service, Not a Product

August, 2004: Four Month Old Prescription

September, 2004: Damage Caps Apply to Pharmacies

October, 2004: Dismissal of Charges Not a Finding of Innocence

November, 2004: Murder in the Hospital

December, 2004: Lengthy Imprisonment for Notorious Pharmacist

January, 2005: Failure to Warn of Drug Interaction At Issue

February, 2005: A Limited Expansion of Duties

March, 2005: Is Imperfection Unprofessional?

April, 2005: MAR Transcription Error is Not Subject to Punitive Damages

May, 2005: No Duty To Warn Of Remote Risks

June, 2005: How To Deal With a Dispensing Dilemma

July, 2005: Responsibility Does Not Mean Intent

August, 2005: Dispensing for Long-Term Care Since OBRA „90

September, 2005: Close Review of Drug Charges Necessary Before Pharmacy

Board Acts

October, 2005: Pharmacists Can‟t Be Expected to Know of Every

Prescription

November, 2005: Should a Suspected Forgery Be Returned to the Patient?

December, 2005: Workload Not a Pharmacy Board Matter in North Carolina

January, 2006: Promotional, Compounding Practices Must Comply With FDCA

February, 2006: Board May Release Information to Prospective Employers

March, 2006: Pharmacists Have Greater Responsibilities Toward Patients

With Peculiar Susceptibilities

April, 2006: Litigating Francisor-Francisee Disagreements

May, 2006: Court Upholds Limits to Voluntary Undertaking

June, 2006: Cooperation with Law Enforcement Does Not Violate Duty to

Patients

July, 2006: Pharmacist‟s Monetary Claim for Denied Breaks is Dismissed

August, 2006: Reasonably Accommodating a Pharmacist‟s Refusal to Dispense

September, 2006: Alleged Racial Discrimination in the Pharmacy

October, 2006: Limiting Expert Witness Testimony

November, 2006: Responsibility for MedGuide Distribution

December, 2006: Pharmacist Liable for Assaulting Patient

January, 2007: Failure to Resolve a Prescribing Error in a UK Pharmacy

February, 2007: The Obvious Forgery

March, 2007: When a Patient Expresses a Concern About a Misfill

April, 2007: Pharmacist Duties Are Not “Common Knowledge”

May, 2007: When Medication Errors Occur in US Prisons

June, 2007: In Colorado, Internet Dispensing Must Be Based On A Valid

Prescriber-Patient Relationship

19

July, 2007: Insurance Covers Pharmacist Compounding

August, 2007: Decisional Causation and the Duty to Warn

September, 2007: Patient Accused of Drug Trafficking

October, 2007: Lessons of a Bias Case: Communication Matters

November, 2007: Miscommunication About Insurance Cards Can Cause Copay

Confusion

December, 2007: Pharmacy and the Wrongful Conduct Rule

January, 2008: State Board Disciplinary Action for TPN Error

February, 2008: Compounding For Physicians Is Not The Provision Of Health

Care

March, 2008: Expert Witnesses Must Establish Standard of Care

April, 2008: Physician-Patient Relationship On The Internet

May, 2008: Plan B Lawsuit

June, 2008: Consultant Pharmacist‟s Responsibility is to Facility, and

Not to Residents

July, 2008: Forensic Pharmacy

August, 2008: Iowa Supreme Court Rules OTC Compounding is Manufacturing

September, 2008: Sharing Liability for a Single Indivisible Event

October, 2008: Generics and Brand-Name Drugs: Substitution Decisions

November, 2008: Liability for Dispensing Drug Withdrawn from Market

December, 2008: Errors Support Discharge of Hospital Pharmacist

January, 2009: Generic Drug User Can Sue Brand Name Manufacturer

February, 2009: Judgment in Dispensing Medications

March, 2009: “Red Flags” and “Red Herrings”

April, 2009: Pharmacists Hold the Key to Privileged Information

May, 2009: Conviction for Menacing a Pharmacy Employee

June, 2009: Is it a Crime to Make a Mistake?

July, 2009: Emotional Distress After the Loss of a Pet.

August, 2009: State Generic Substitution Laws and the Orange Book.

September, 2009: Legal Standard for Drug-Drug Interaction Prevention

October, 2009: Defamation Lawsuit Against Pharmacy Journal Dismissed

November, 2009: Liability During Pharmacist-Managed Anticoagulation

December, 2009: Patient Access to Unapproved Drugs

January, 2010: Protocol Lapse or Age Discrimination?

February, 2010: Prescription Monitoring Programs and Pharmacist Liability

March, 2010: No Duty to Warn About Well-Known Risks

April, 2010: Choosing Among Generic Products

May, 2010: HIPAA Confidentiality, Law Enforcement Exception

June, 2010: Insurance Coverage of Medications for Cancer Patient

July, 2010: Medicinal Tincture or Alcoholic Beverage?

August, 2010: British Pharmacist‟s Criminal Conviction Modified on Appeal

September, 2010: Pain Overtime for Pharmaceutical Sales Representative

October, 2010: Recovering Pharmacist May Sue Lab Following Positive

Alcohol Test

November, 2010: A Pharmacy‟s Liability for Negligent Employee Supervision

December, 2010: Inexperience No Excuse for Dispensing Error of

Discontinued Dose Pack

January, 2011: Negligence Does Not Equal Recklessness

February, 2011: Corresponding Responsibility Under DEA Regulations

March, 2011: Pharmacist Conviction for Health Care Fraud Affirmed

April, 2011: “Duty to Warn” Interpreted in Arkansas, Indiana

May, 2011: Shared Responsibility for Patient-Directed Information

June, 2011: DEA Cracks Down on Internet-Related Dispensing

July, 2011: “As Directed” Prescription Exposes Pharmacy to Liability

August, 2011: Supreme Court Considers Cases Related to Pharmacy

September, 2011: Pharmacy Compounding Case Dismissed

20

October, 2011: Policy Issues in Sentencing a Drug Diverter

November, 2011: Court Limits FDA Regulation of Veterinary Compounding

December, 2011: Court Affirms Student‟s Dismissal for Plagiarism

January, 2012: Nevada Court Recognizes Expanded Role for Pharmacists

February, 2012: Retailer Terminates Lease with Inhouse Medical Clinic

March, 2012: Court Rules Patient May Access Personal PDMP Data

April, 2012: Injector Device Manufacturer Dismissed From Pharmacy Case

May, 2012: Pharmacists Deemed “Health Care Providers” By Pennsylvania Ct

June, 2012: Pharmacist Judgment Must Defer to Prescriber‟s Knowledge

July, 2012: Hard Feelings Over Insurance Provisions

August, 2012: Affirmed: Jury Verdict in Favor of Compounding Pharmacist

September, 2012: Pharmacy Not Dismissed in Drug Interaction Case

October, 2012: Controlled Substances: Difficult time for DEA, Rx

November, 2012: Religion, Conscience and Access to Medications

December, 2012: Expert‟s Report Ruled Sufficient in Texas

January, 2013: Lawsuit Dismissed Due to Pharmacist‟s Professional Status

February, 2013: Pharmacist Responsibilities do not Extend to Therapists

March, 2013: Pharmacist Violates Break Policies

April, 2013: Consequences of Pharmacy Error

DIGITAL VIDEO

Brushwood, D., “Collateral Damage in America‟s War on Drugs: The Battle

of Redding, California, 2004.

BOOKS AND BOOK CHAPTERS:

Brushwood, D., “The Challenges of Pharmacogenomics for Pharmacy

Education, Practice and Regulation,” Chapter 11 in Pharmacogenomics:

Social, Ethical and Clinical Dimensions, Mark Rothstein (Ed.), Wiley-

Liss, New York, 2003.

Abood, R. and Brushwood, D., Pharmacy Practice and the Law (3rd Ed.),

Aspen Publishers, Rockville, Md, 2000.

Brushwood, D., Pharmacy Malpractice and Regulation, Aspen Law & Business

Publishers, New York, 1998.

Abood, R. and Brushwood, D., Pharmacy Practice and the Law (2nd Ed.),

Aspen Publishers, Rockville, Md, 1997.

Brushwood, D., "Overview of Pharmacist Malpractice Liability," Chapter 4

in 1996 Wiley Medical Malpractice Update, John Wiley & Sons, Colorado

Springs (1996).

Brushwood, D., and Hepler, C., "Redefining Pharmacist Professional

Responsibility," Chapter 10 in Pharmaceutical Care, Calvin Knowlton and

Richard Penna (Eds.), Chapman & Hall, New York, 1995.

Angaran, D., Brushwood, D., and Tennenhouse, D., Risk Prevention Skills

for Pharmacists, Tennenhouse Publishers, San Francisco, 1995.

Abood, R., and Brushwood, D., Pharmacy Practice And The Law, Aspen

Publishers, Rockville, Md, 1994.

Fern, F., and Brushwood, D., "Medical-Legal Aspects of Prescribing

21

During Pregnancy," Chapter 9 in Asthma and Allergy in Pregnancy and

Early Infancy, Michael Schatz and Robert Zeiger (Eds.), Marcel Dekker,

Inc., New York, 1993.

Brushwood, D., "Legal Cases That Raise Ethical Issues," Chapter 1 in

Teaching & Learning Strategies in Pharmacy Ethics, Amy Haddad (Ed.),

Upjohn, 1992.

Brushwood, D. and Vivian, J., "Ethics Perspectives," The Upjohn Company,

1988. (With accompanying videotape).

Brushwood, D., "Medical Malpractice: Pharmacy Law," Shepard's-McGraw

Hill, Colorado Springs, CO, 1986.

Brushwood, D., "Opportunities for Lawyer-Pharmacists," Chapter in

"The Pfizer Guide," Merritt, V. (ed.), Mark Powley Associates,

1986.

PRESENTATIONS:

“Responsibilities for Prescription Drug Abuse Prevention in Pain

Management, Invited Paper at PRIME Conference, March, 2013.

“Moral Distress of an Out-of-the-Loop Clinician, Pellegrino Medal

presentation, Birmingham, AL, April, 2012.

“The VIGIL System for Controlled Substance Prescription Screening,”

Invited Paper at Wyoming Health Network, March, 2012.

“Red Flag or Red Herring: Screening Controlled Substance Prescriptions

for Legitimacy,” Invited Presentation at National Association of Drug

Diversion Investigators, St. Louis, February, 2012.

“Balancing Forgiveness and Accountability in Pharmacy CQI,” Invited

Paper at Dalhousie University, Halifax, NS, October, 2011.

“Specialty Pharmacy Practice in Pain Management,” Invited Paper at the

Armada Healthcare Specialty Pharmacy Summit, Las Vegas, NV, May, 2011.

“Legal Responsibilities and Documentation Standards of Clinical Pharmacy

Practice,” Invited Paper at the American Society of Health System

Pharmacists Midyear Meeting, Anaheim, CA, December, 2010.

“Screening Controlled Substance Prescriptions for Legitimacy: The VIGIL

System,” Invited Paper at the Eastern Medicaid Pharmacy Administrators

Association Annual Meeting, Nemacholin, PA, November, 2010.

“A Critical Evaluation of Electronic Prescription Monitoring Programs,”

Invited Paper at the Alliance of State Pain Initiatives annual meeting,

Atlanta, October, 2010.

“When a Pharmacist Inherits a Messy Chronic Pain Patient,” Invited Paper

at the American Pain Society annual meeting, Baltimore, May, 2010.

“Health Care and Patient Safety: Regulatory Perspectives,” Invited Paper

at Dalhousie University, Halifax, March, 2010.

22

“Legal Standards as a Model for Practice Standards,” Invited Paper at

University of Arizona Drug-Drug Interactions Program, Rockville, MD,

November, 2009.

“The Unduly Burdensome Potential for REMS,” Invited Paper at the

Alliance of State Pain Initiatives annual meeting, San Francisco,

October, 2009.

“Pharmacist Legal Responsibilities: a 25 Year Retrospective,” Invited

Paper at the American Pharmacists Association annual meeting, San

Antonio, March, 2009.

“Pharmacy Controls and Safeguards,” Invited Paper at the Food Marketing

Institute Risk, Insurance and Safety Management Conference, Dallas, Oct,

2007.

“Update on Prescription Monitoring in Clinical Practice: A Survey of

Prescription Monitoring Program Administrators,” Poster Presentation at

the American Pain Society Annual Meeting, Washington, DC, May, 2007.

“The Practitioner‟s Dilemma,” Invited Paper at the American Academy of

Pain Medicine annually meeting, New Orleans, February, 2007.

“The Legal Implications of 797 and JCAHO,” Invited Paper at the American

Society of Health-System Pharmacists midyear clinical meeting, Anaheim,

December, 2006.

“Medical-Legal Liability: When Doing the Right Thing May Not Be Enough,”

Invited Paper at the American Society of Consultant Pharmacists Annual

Meeting, Phoenix, November, 2006.

“Responsible Controlled Substance Prescribing: A Legal Perspective,”

Invited Paper at the Opioid Management Society meeting, Miami, October,

2006.

“Legal and Regulatory Issues Affecting Physicians,” Invited Paper at the

Florida Pain Initiative Pain Summit, Orlando, October, 2006.

“Distributive Justice in the Allocation of Influenza Vaccine,” Invited

Paper at the American Society of Health-System Pharmacists Summer

Meeting, Orlando, June, 2006.

“Legal Responsibilities in the Prescribing of Opioids for Chronic Pain,”

Invited Paper at the Texas Medical Society Annual Meeting, Dallas, May,

2005.

“Negotiating Reasonable Goals With Federal Authorities,” Invited Paper

at the American Geriatric Society Annual Meeting, Orlando, May, 2005.

“The Legal Mandate for Medication Error Prevention,” Alachua County

Association of Pharmacists, Gainesville, March, 2005.

“Meeting Legal Requirements for the Prescribing of Opioids,” Alachua

County Medical Society, Gainesville, February, 2005.

“The Challenges of Pain Management and Diversion Prevention,” Invited

23

paper at the Florida Pharmacy Association program, Tampa, January, 2005.

“Pharmacist Responsibilities in Pain Management,” Invited paper at the

Connecticut Pharmacy Association General Meeting, Mystic Seaport,

September, 2004.

“Preventing Prescription Fraud,” Invited Paper at the American

Pharmacists Association Meeting, Washington, DC, August, 2004.

“Pharmacist Responsibilities in the Prevention of Controlled Substance

Diversion,” Invited paper at the National Association of Community

Pharmacists Annual Meeting, San Diego, August, 2004.

“The Intersection of Ethics and Law: The Terri Schiavo Case,” Invited

paper at the American Association of Colleges of Pharmacy Annual

Meeting, Salt Lake City, July, 2004.

“Meeting Legal Responsibilities in the Prescribing of Opioid

Analgesics,” Invited paper at the American Academy of Nurse

Practitioners 19th Annual Conference, New Orleans, June, 2004.

“A New Paradigm for Liability in Professional Practice,” Invited paper

at the American Society of Health-Systems Pharmacists Midyear Clinical

Meeting, New Orleans, December, 2003.

“Is Knowledge Power? Developing an Infrastructure that Enhances Patient

Safety: Pharmacy CQI in Florida,” Invited paper at the American Society

of Law, Medicine & Ethics Patient Safety Conference, Boston, September,

2003.

“Chronic Pain: Ethics, Regulation and Education,” Invited paper at the

District VII-VIII NABP/AACP Annual Meeting, Whitefish, MT, September,

2003.

“Interpreting Regulatory Data from a Legal/Regulatory Perspective,”

Invited paper at the International Psychogeriatric Association Annual

Meeting, Chicago, August, 2003.

“The Pharmaceutical Industry, Who‟s Minding the Store: The Role of

Health Professions,” Invited paper at the American Society of Law,

Medicine & Ethics Health Law Teachers Conference, Wilmington, DE, June,

2003.

“Safe Harbors in Pain Management Practice,” Invited paper at the Moffitt

Cancer Center Annual Pain Management Conference, Clearwater, May, 2003.

“Evaluating Electronic Prescription Monitoring Programs,” Invited paper

at the American Society of Law, Medicine & Ethics Mayday Scholars

Program, Washington, DC, April, 2003.

“Regulating for Outcomes,” Invited paper at the Federation of

Associations of Regulatory Boards Legal Conference, Colorado Springs,

November, 2002.

“Using The Authority of Self Regulation to Improve Patient Safety,”

Invited paper at the AACP/NABP District I meeting, Providence, RI,

24

September, 2002.

“Regulating Quality Through CQI,” Invited paper at the NACDS Annual

Pharmacy Meeting, San Diego, August, 2002.

“Using CQI to Build a Safety Network,” Invited paper at the McKesson

Annual Meeting, Toronto, June, 2002.

“Quality Improvement Programs Increase Patient Safety,” Invited paper at

the NACDS Pharmacy Practice Issues Seminar, Washington, DC, April, 2002.

“A History of Pharmacy Regulation 1852-2002,” Invited paper at the APhA

Annual Meeting, Philadelphia, March, 2002.

“Drug Diversion and Abuse: The Facts,” Invited paper at the 55th

Postgraduate Assembly in Anesthesiology, New York, December, 2001.

“Legal and Ethical Issues in Pain Management,” Invited paper at the ASHP

Midyear Clinical Meeting, New Orleans, December, 2001.

“Chronic Pain: A Practical Approach to Legal and Ethical Issues,”

Invited Paper at the MAHEC Conference, Asheville, September, 2001.

“Development and Implementation of a Pharmacy Error Prevention Clinic,”

Invited paper at the NABP/AACP District III meeting, Amelia Island,

August, 2001.

“Practice Guidelines, Innovative Therapy, and the Standard of Care,”

Invited paper at the ASHP Annual Meeting, Los Angeles, June, 2001.

“Unit-of-Use Packaging: A Summary of the Policy Issues,” Invited paper

at NACDS/NCPA Unit-of-Use Conference, Washington, DC, May, 2001

“Judicial Policy Making and Pharmacist Professional Responsibility:

Accuracy, Safety, and Quality as Standards in Caring,” The 29th Annual

Albert Ebert Memorial Lecture, Chicago, April, 2001.

“Pharmacist Responsibility in Patient Care,” Katterman Lecture,

University of Washington, Seattle, April, 2001.

“Legal Considerations in Pharmacy,” Invited paper at the American

Society for Automation in Pharmacy annual meeting, Palm Beach,

September, 2000.

“Regulating for Outcomes,” Invited paper at the National Association of

Chain Drug Stores Pharmacy Meeting, San Diego, September, 2000.

“Liability and the Need for Documentation,” Invited paper at the

American Society of Consultant Pharmacists midyear conference, Las

Vegas, May, 2000.

“To Err is Human: The IOM Report as an Opportunity for Pharmacy Research

and Practice,” Philip M. Schwartz Memorial Lecture, University of

Connecticut School of Pharmacy, April, 2000.

“Pharmacist Workload: Defining the Problem and Meeting the Challenge,”

25

Keynote address at the Ohio Pharmaceutical Association Annual Meeting,

Columbus, April, 2000.

“Regulating Internet Pharmacy,” Invited Paper at Loyola University

Health Law Program, Chicago, April, 2000.

“Creating a Risk Management Framework: Opportunities for Pharmacy

Practice,” Invited paper at the American Pharmaceutical Association

Annual Meeting, Washington, D.C., March, 2000.

“Managing Ethical Dilemmas,” Invited paper at the American Society of

Health-Systems Pharmacists Midyear Clinical Meeting, Orlando, December,

1999.

“Regulating for Pharmaceutical Care Outcomes: An Update,” Invited paper

at the National Association of Boards of Pharmacy Executive Officers

Conference, Washington, DC, September, 1999.

“When Does Innovative Therapy Become the Standard of Care?” Invited

paper at the American Society of Health-Systems Pharmacists Annual

Meeting, Reno, June, 1999.

“CQI as Risk Management,” Invited paper at the American Pharmaceutical

Association Annual Meeting, San Antonio, March, 1999.

“When Does Innovative Therapy Become the Standard of Care?” Invited

Paper at the American Society of Health Systems Pharmacists Midyear

Clinical Meeting, Las Vegas, December, 1998.

“Regulating for Outcomes: A Model for Continuing Competency,” Keynote

Address at the National Board for Certification in Occupational Therapy

State Regulatory Workshop, Washington, DC, September, 1998.

“Looking Toward the Future: Regulating for Pharmaceutical Care

Outcomes,” Invited paper at the National Association of Boards of

Pharmacy Conference, San Antonio, September, 1998.

“New Requirements for Pharmacy Systems: A Review of Regulations Under

Active Consideration,” Invited paper at the American society for

Automation in Pharmacy Annual Meeting, Carlsbad, CA, August, 1998.

“Developing and Effective Risk Management System for Pharmacy Practice,”

Invited Paper at the American Pharmaceutical Association Annual Meeting,

Miami, March, 1998.

“Regulating for Health-Related Outcomes: Medication Errors and

Pharmaceutical Care,” University of South Carolina Pharmacy Public

Policy Conference, Hilton Head, February, 1998.

“Regulating for Outcomes,” Keynote Speaker at the National Association

of Boards of Pharmacy District Meeting, Portland, OR, October, 1997.

“Outcomes and Regulation,” Keynote Address at the National Association

of Boards of Pharmacy District Meeting, Norwich, CT, September, 1997.

“Redefining Pharmacist Professional Responsibility,” Keynote Address at

26

the National Association of Boards of Pharmacy District Meeting, Omaha,

August, 1997.

“Judicial Policy and Pharmacist Competence,” Invited Paper at the

National Association of Boards of Pharmacy District Meeting,

Chattanooga, August, 1997.

“Risk Management Principles for Pharmacists,” Invited Paper at the

McKesson Annual Meeting, New Orleans, July, 1997.

“Regulating for Outcomes,” Invited paper at the National Association of

Boards of Pharmacy Annual Meeting, San Diego, May, 1997.

“Liability Issues Related to the Provision of Pharmaceutical Care,”

American College of Clinical Pharmacy Spring Practice and Research

Forum, Panama City, FL, April, 1997.

“Today‟s Challenging Legal Concerns,” Southwestern Clinical Pharmacy

Seminar, Tucson, February, 1997.

“Risk Management-Sensitive Practice in Changing Times,” American Society

of Health-Systems Pharmacists Midyear Clinical Meeting, New Orleans,

December, 1996.

“Medical-Legal Liability for Anticoagulation Therapy,” American Society

of Consultant Pharmacists Annual Meeting, Nashville, November, 1996.

“Legal Principles of Malpractice for Pharmacists,” Invited paper at the

National Association of Boards of Pharmacy District Meeting, Wheeling,

October, 1996.

"Duty to Warn," Invited paper at the FDA Prescription Drug Information

Meeting, Rockville, February, 1996.

"Pharmacist Malpractice and Liability Issues," Invited paper at the

Howard L. Reed Seminar, Boston, March, 1996.

"Documentation Strategies," Invited paper at the Annual

Carolina Seminar, Greensboro, October, 1995.

"Legal Justification for Licensure of Pharmacy Technicians," Invited

paper at the National Association of Boards of Pharmacy Executive

Officer's Conference, Washington, DC, September, 1995.

"Reducing The Risk of Malpractice," Invited paper at the 37th Annual

Pharmacy Congress, Garden City, New York, May, 1995.

"Using the Principles of Pharmaceutical Care to Change the Pharmacy

Department from a Risk Management Problem to a Risk Management

Solution," Utah Society of Hospital Pharmacists Annual Meeting, Salt

Lake City, January, 1995.

"Risk Management Implications of Documenting Clinical Pharmacy Services

in Hospital Records," Invited paper at the American Society of Hospital

Pharmacists Midyear Clinical Meeting, Miami, December, 1994.

27

"The United States: OBRA 90 Legislation and Health Care Reform," Invited

paper at the FIP annual meeting, Lisbon, September, 1994.

"Integrating Professional Judgment Into The Teaching of Statutes and

Regulations," Invited paper at the American Association of Colleges of

Pharmacy Annual Meeting, Albuquerque, July, 1994.

"The Legal Foundation of Pharmaceutical Care," Invited paper at the

Illinois Council of Hospital Pharmacists Annual Meeting, Chicago, March,

1994.

"Wrongful Discharge Litigation Based on Pharmacist's Insistence on

Taking Time to Monitor Drug Therapy," American Pharmaceutical

Association Annual Meeting, Seattle, March, 1994.

"The Implications of National Healthcare Reform for Pharmacists,"

Invited paper at the ASHP midyear clinical meeting, Atlanta, December,

1993.

"Avoiding Conflict of Interest and Confidentiality Problems in

Manufacturer-Dispenser Alliances," Invited presentation at the

Developments in Pharmacy Law Seminar IV, Phoenix, November, 1993

"Establishing Standards of Pharmaceutical Care," Invited Presentation

with Charles D. Hepler at the First International Conference on

Pharmaceutical Competence, Amsterdan, November, 1993

"Pharmacolegal Considerations in the Clinical Use of Decongestants,"

Invited Presentation at the American College of Clinical Pharmacy Annual

Meeting, Reno, August, 1993.

"Pharmacist Liability for Failure to Warn," Contributed Paper at the

Association of Trial Lawyers of America Annual Meeting, San Francisco,

August, 1993.

"Expanding The Legal Expectations of Pharmacists," Invited Presentation

at the Rho Pi Phi Annual Meeting, Charleston, S.C., July, 1993.

"How Pharmaceutical Care Will Reduce Hospital Liability," Invited

Presentation at the American Society of Hospital Pharmacists Annual

Meeting, June, 1993.

"Liability and Unit of Use Packaging," Invited Presentation at the USP

Open Conference, Baltimore, December, 1992.

"Can Patient Education Really Make A Difference: The Legal

Perspective," Invited Presentation at the USP Open Conference,

Alexandria, Va, September, 1992.

"Understanding OBRA 90-Patient Counseling and DUR," Invited Paper

at the District III meeting of AACP and NABP, Orlando, August,

1992.

"Implementation of OBRA 90 and its implications for Pharmaceutical

Care," Invited Paper at the FPA annual meeting, Boca Raton, July,

1992.

28

"Medication-Related Hospital Litigation," Invited Paper at the

Florida Society of Hospital Pharmacists Midyear Meeting, Miami,

May, 1992.

"Pharmacist Rights in Matters of Conscience," Contributed Paper at

the Apha Annual Meeting, San Diego, March, 1992.

"The Pharmacist's Role In The Provision Of Risk Management and

Risk Assessment Information For Prescription Drugs: Preliminary

Findings," contributed Paper at the Apha Annual Meeting, San

Diego, March, 1992.

"Legal Principles of Patient Counseling: Risk Assessment v. Risk

Management," The Midwest Pharmacy Law Conference, Chicago,

February, 1992.

"Legal Issues in Contrast Media Agents." Invited Paper at ASHP Midyear

Clinical Meeting, New Orleans, December, 1991.

"Pharmacists and Their Consciences," Invited paper at A.S.L.M. meeting,

Washington, D.C., December, 1991.

"OBRA 90: Impact on Pharmacy Practice Standards," Invited paper at

A.S.P.L. midyear meeting, Phoenix, 1991.

"Legal Considerations in Clinical Pharmacy - Pharmaceutical Industry

Relationships," Invited paper at ACCP Annual Meeting, Minneapolis,

August, 1991.

"Risk Reduction Through Communication," Invited presentation at

N.C.P.I.E. Conference, Washington, D.C., April, 1991.

"Integrating Law, Ethics and Public Policy," Invited paper at the

Advanced Ethics Workshop, Omaha, April, 1991.

"The Pharmacist's Duty to Counsel After McKee v. American Home

Products," Contributed Paper at the Apha Annual Meeting, New Orleans,

March, 1991.

"The Role of Documentation in Indicator Development and Evaluation,"

Invited Paper at ACCP meeting, Ft. Lauderdale, February, 1991.

"Legal Considerations About New And Innovative Pharmaceutical Care

Practices." UF Law and Management Conference, Orlando, November, 1990.

"Pharmacy Law Entering the Nineties." Invited paper at Illinois

Pharmaceutical Association, Peoria, November, 1990.

"Legal Opportunities for Pharmaceutical Care". Invited paper at FSHP

Annual meeting, Orlando, August, 1990.

"Legal Aspects of Providing Drug Information," Invited paper at the

American Association of Colleges of Pharmacy Annual Meeting, Salt Lake

City, July, 1990.

"The Duty to Counsel Patients," Invited paper at the California

29

Pharmacists Association Academy Week, Kauai, Hawaii, June, 1990.

"State Regulation of Physician Dispensing," Contributed paper at

A.S.P.L. Annual Meeting, Washington, D.C., March, 1990.

"Judging Pharmacists", Invited paper at the University of Utah College

of Pharmacy Seminar, Salt Lake City, Utah, February, 1990.

"The McKee Decision - Its Legal and Professional Implications," Invited

paper at the University of Washington School of Pharmacy Annual Pharmacy

Management Seminar, Seattle, January, 1990.

"Counseling: Patients, Pharmacists, and the Pharmaceutical Industry,"

Invited paper at the Pharmacy Public Policy Conference, Hilton Head,

January, 1990.

"Judging Pharmacists: How The Courts Decide The Legal Responsibilities

Of The Pharmacy Profession," Paul J. Wurdack Memorial Lecture,

Pittsburgh, PA, October, 1989.

"Legal Requisites Of Patient Counseling," American College Health

Association Annual Meeting, Washington, D.C., May, 1989.

"Law and The Pharmacist Entering the `90's," University of Montana Law

Symposium, Missoula, MT, April, 1989.

"The Legitimate Medical Purpose," contributed paper at A.S.P.L. Annual

Meeting, Anaheim, CA, March, 1989.

"A Lawyer/Pharmacist Reviews the Operation of the Pharmacy as a Source

of Liability," invited paper at Defense Research Institute seminar on

Hospital Law, Chicago, IL, October 21, 1988.

"Evolving Legal Responsibilities of American Pharmacists," invited paper

at the Victorian College of Pharmacy, Melbourne, Australia, August, 2,

1988.

"Pharmacists' Responsibilities to Counsel Patients," invited paper at

Community Pharmacy Limited seminar, Auckland, New Zealand, July 20,

1988.

"Legal Issues in Formulary Decisions," invited paper at the American

Society of Hospital Pharmacists Annual Meeting, San Francisco, CA, June

6, 1988.

"Medical-Legal Aspects of Thrombolytic Therapy," roundtable discussion

for GWF Associates, New York, NY, May 5, 1988.

"Interpersonal Causation in Drug Litigation," contributed paper at

A.S.P.L. Annual Meeting, Atlanta, GA, March, 1988.

"Legal and Ethical Issues in Public Health," invited paper at the

American Association of Colleges of Pharmacy Annual Meeting, Charleston,

SC, July, 1987.

"Product Liability Issues for the Pharmacist," invited paper at the

30

American Pharmaceutical Association Annual Meeting, Chicago, IL, March,

1987.

"Drug Information for Patients: Legal Liability," invited paper at the

National Council of Patient Information and Education, Washington, DC,

November, 1986.

"A Lawyer/Pharmacist Reviews the Pharmacy as a Source of Liability,"

invited paper at the Defense Research Institute, Chicago, IL, October,

1986.

"Pharmacists' Malpractice Liability in the United States,"

contributed paper at the American Society of Law and Medicine

Sydney `86 Conference, Sydney, Australia, August, 1986.

"Drug Product Selection and Pharmacist Civil Liability," U.S. Pharmacist

Symposium, NY, July, 1986.

"Integrating Law Study Into the Pharmacy Curriculum," invited

presentation at the American Association of Colleges of Pharmacy Annual

Meeting, Toronto, Canada, July, 1986.

"Strict Liability Should Not Apply to Pharmacies," contributed paper at

A.S.P.L. Annual Meeting, San Francisco, CA, March, 1986.

"Recent Developments on the Issue of a Third Class of Drugs," invited

presentation at the District II NABP/AACP Program, Atlantic City, NJ,

November, 1985.

"Careers in Law for Pharmacists," invited presentation at SAPhA Regional

Meeting, Richmond, VA, October, 1985.

"Cases in Pharmacy Law: Basic Principles and Recent Developments,"

invited presentation at the Second Annual Law Lecture in honor of Albert

F. Wojcik, Ph.D., Morgantown, WV, October 5, 1985.

"The Right to Refuse Treatment with Psychotropic Medications,"

contributed paper at A.S.P.L. Annual Meeting, San Antonio, TX, February,

1985.

"Development and Implementation of a Patient Counseling Competition for

Pharmacy Students," poster session at AACP Annual Meeting, Baltimore,

MD, July, 1984.

"A Survey of Lawyer/Pharmacists," contributed paper at A.S.P.L. Annual

Meeting, Montreal, Canada, May, 1984.

"Pharmacist Discipline for Gross Immorality, Unprofessional Conduct, and

Moral Turpitude," contributed paper at A.S.P.L. Annual Meeting,

Montreal, Canada, May, 1984.

"Law and Management Courses in Colleges of Pharmacy," invited

presentation at AACP/NABP District II Annual Meeting, Wilmington, DE,

November, 1983.

"The Informed Intermediary Doctrine and the Pharmacist's Role in Patient

31

Education," contributed paper at A.S.P.L. Annual Meeting, New Orleans,

LA, April, 1983.

"Comparative Negligence and Pharmacist Malpractice," contributed

paper at A.S.P.L. Annual Meeting, Las Vegas, NV, April, 1982.

"Use of the Countersuit By Pharmacists Who Have Been Groundlessly Sued

For Malpractice," contributed paper at A.S.P.L. Annual Meeting, St.

Louis, MO, April, 1981.

"Pharmacist Legal Liability," presented as continuing education for

pharmacists in Philadelphia, PA; Atlantic City, NJ; Marquette, MI;

Minneapolis, MN; Green Bay, WI; Orlando, FL; Bethlehem, PA; Lancaster,

PA; Seven Springs, PA; Chicago, IL; Harrisburg, PA; and Pittsburgh, PA.

"Pharmacy Law Update," presented as continuing education for pharmacists

in Philadelphia, PA; Ironwood, MI; Baltimore, MD; and Charleston, WV.

"Law/Science Interface," presented as continuing education for lawyers

in Valley Forge, PA; Houston, TX; Chicago, IL; New York, NY and

Washington, D.C.

"Developing Legal Duty to Counsel Patients," presented as continuing

education for pharmacists at Richmond, VA; Phoenix, AZ; Jackson, MS;

Albuquerque, NM; Coeur D'Alene, ID; Morgantown, WV; Lexington, KY; Grand

Rapids, MI; and Virginia Beach, VA; Calaway Gardens, GA; Little Rock,

AR; Lawrence, KS; El Paso, TX; Minneapolis, MN; Springfield, IL;

Appleton, WI; Roanoke, VA; Newark, NJ; Cherry Hill, NJ; Racine, WI;

Birmingham, AL; Miami, FL; Kalamazoo, MI; Dearborn, MI; Salt Lake City,

UT; Wheeling, WV.

"Legal Issues in the Handling of Cytotoxic Agents," presented as

continuing education for pharmacists in Charleston, WV.

"Hospital Liability for Medication Errors," presented as continuing

education for pharmacists in Pittsburgh, PA; Kenosha, WI; Kansas City,

MO; Norfolk, VA.

"The Generic vs. Innovator Debate and the Pharmacist's Dilemma,"

presented as continuing education for pharmacists in Grand Rapids, MI.

GRANTS:

Validation of the VIGIL Tool Through Pharmacy Focus Groups and

Interviews. Funded by Covidien Pharmaceuticals. $47,800 (2011) (PI).

Pharmacist Responsibilities for Screening of Opioid Use in Non-Tolerant

Patients. Funded by Cephalon. $56,625 (2010) (Co-PI).

Unit-of-Use Packaging to Improve Quality in Pharmacy. Funded by the

Institute for the Advancement of Community Pharmacy, $85,000 (2000)

(PI).

Conquering Pain: Enabling Dialogue Through CD-ROM/Web. Funded by

National Institutes of Health, $100,000 (2000) (Co-PI).

32

Contemporary Legal issues in Therapeutic Interchange. Funded by

Pharmacia and Upjohn, $8,125 (1999) (PI).

Achieving Consensus on Pain Management Clinical Practice

Guidelines.Funded by Purdue Pharma Pharmaceuticals, $10,000 (1999) (PI).

Prescription Drugs and Elderly Patients: Predicting and Preventing

Unexpected Adverse Drug Reactions. Funded by Borchard Foundation,

$15,000 (1999) (Co-PI).

Expanding Pharmacist Authority to Manage Chronic Pain. Funded by

American Society of Law, Medicine & Ethics, $10,000 (1999) (PI).

Florida End of Life Partnership. Funded by Robert Wood Johnson

Foundation, $160,814 (1999) (Co-I).

Regulating for Outcomes. Funded by National Association of Boards of

Pharmacy Foundation, $24,000 (1998) (continuation grant) (PI).

Regulating for Outcomes. Funded by National Association of Boards of

Pharmacy Foundation, $24,000 (1997) (PI).

Assessing the Reliability of Adverse Drug Reaction Reporting. Funded by

United States Pharmacopeia, $1,500.00 (1995) (PI).

Liability Exposure in Pharmacist Managed Anticoagulation Clinics.

DuPont Pharma, $3,000.00 (1995) (PI).

A Critical Study of 18th and 19th Century Pharmacy-Related Litigation.

Fischelis History of Pharmacy Grant funded by the American Institute of

the History of Pharmacy, $5,000.00 (1994)(PI).

Pharmacist Legal Responsibility to Warn Patients Regarding Drug-

Alcohol Interactions. Funded by Merck, Sharp & Dohme, $5,000.00

(1993) (PI).

The Confidentiality of Patient Records in Pharmacies. Funded by

the National Association of Boards of Pharmacy Foundation,

$5,000.00 (1992) (PI).

Creating a Database of Pharmacist Liability Cases From Colonial

Times Through The Present. Funded by the University of Florida

Division of Sponsored Research, $3,268.00 (1990) (PI).

Development of a Videotape and Teacher's Manual on Pharmacy Ethics.

Funded by the Upjohn Company, $26,482.00 (1988) (PI).

Assistance with Drug Regulation and Control Course. Funded by Food and

Drug Law Institute, $3,000.00 (1987, 1988) (PI).

Non-Prescription Drug Survey of Practicing Pharmacists. Funded by

Dorsey Laboratories, Inc., $9,300.00 (1986)(PI).

Workshop on The Impaired Pharmacist. Funded by the West Virginia

33

University Faculty Development Grant Program, $583.00 (1985) (PI).

Development and Implementation of an Extracurricular Patient Counseling

Competition for Pharmacy Students. Funded by the United States

Pharmacopoeial Convention, Inc., $12,500.00 (1984) (PI).