Wednesday, March 21, 2007

Deschamps' House Human Services testimony

March 19, 2007

To the Chair and Members of the House Human Services Committee:

My name is Rebecca Deschamps. I’m a practicing hospital pharmacist, and I am gravely concerned that SB397 will pose an unacceptable risk to my patients, your constituents, in the state of Montana. As a hospital pharmacist I’m removed from the “sales” aspect of pharmacy, and feel no financial threat from SB397, nor any “turf war” issues. I simply feel concern for the patients that I strive to protect.

I have the greatest respect for Sen. Kim Gillan both as a person and a legislator, and have tried to think of amendments that would address the many patient safety issues that the passage of this bill would open up. Up until now, pharmacies have served among other things as a drug information clearing house. Most of the drugs that a patient is getting from ALL practitioners are listed in the medication profile at their pharmacy. I look at this fact as one last measure of patient safety. While the majority of patients do utilize only one pharmacy, the majority of patients utilize multiple physicians in this era of medical specialties.

I have three main concerns about this bill:

Concern #1: The typical patient uses multiple providers or specialists, and the risk of drug interactions could therefore be greatly enhanced. Not only does the bill fail to address a mechanism by which the patient’s pharmacy could be alerted to new medications dispensed by a practitioner, but no mechanism exists for multiple practitioners to share their dispensing information. Considering the complex drug-drug interactions that exist for most medications today, this is truly an accident waiting to happen. Our patients, your constituents, deserve better. I don't believe that the issue would be quite as ominous if the dispensing practitioner is the primary healthcare provider for the patient. The patient’s primary healthcare provider should already have a list of most of the medications the patient is taking. The point at which patients could most likely get into trouble would be when they visit, say, a cardiologist and are put on an anti-arrhythmic, and no other healthcare provider is aware of that fact. If the primary provider made the referral, the cardiologist would most likely send a consult letter to that provider. However if the referring provider is not the primary (say an OB-GYN noticing a strange blip on a routine EKG before surgery) that information might never get back to the primary provider. Serious or fatal drug interactions could result down the road

I recently reviewed the meds of a hospitalized 50-year old male stroke victim. He was unable to communicate well, so I called his primary physician and his pharmacy to get a list of his medications. His physician had him on 3 or 4 different medications including niacin. Niacin is a vasodilator, causing the blood vessels to expand to some degree. When I called his pharmacy to see if he was on other medications as well the pharmacist listed a few items from other practitioners, then said "did anyone mention that he's on Viagra?" Viagra is contraindicated in patients taking nitrates, and nitrates too are vasodilators. The combination can cause profound hypotension (low blood pressure) and among other things, stroke. I reported this back to his primary physician who was grateful for the information even though it was a little late. I'd fault the patient’s pharmacy, and possibly the blame still lies there as well, but niacin is also available over the counter. The pharmacy might not have known when they dispensed Viagra that the patient was taking niacin as well. When the day comes that we have universal medical records, all of this will be a non-issue. Everyone will be able to see the entire picture, rather than just one or two puzzle pieces. However that day is not yet here.

Concern #2: The safety net of patient counseling does not exist in the provisions of this bill. SB397 does not even mandate that written material be given to the patient with regard to their medications. The Montana Legislature considered patient counseling important enough to pass 37-7-406: Standards for prospective drug utilization review and patient counseling:

(1) The board may by rule set standards for the provision of prospective drug utilization review information from a pharmacist to a patient before a prescription is dispensed to the patient or the patient's representative. The review may include, when applicable, an appropriate level of screening for potential drug therapy problems due to therapeutic duplication, drug disease contraindications, drug interactions, incorrect drug dosage or duration of drug treatment, drug-allergy interactions, and clinical abuse or misuse.

The Montana Board of Pharmacy responded by making patient counseling mandatory for all new prescriptions, and at the request of the patient or discretion of the pharmacist for all prescription refills. Even though pharmacists are mandated to offer to counsel on all new prescriptions, and on refills at their discretion, I realize sadly that's not always done. I can't apologize for pharmacists that shirk their duty (to me that would be the most interesting and rewarding facet of retail pharmacy practice), but I do think that most pharmacists generally make that attempt. Dispensing practitioners shouldn't be held to a lesser standard.

The question is; will busy physicians and other healthcare providers, who see a new patient on average every 15 minutes, be willing and able to counsel their patients when they dispense medications to them? When I served as Executive Director of the Board of Pharmacy I sent out a quarterly newsletter to pharmacists. In April 2003 I included the following statistics taken from the 2002 Schering Report, conducted by an independent research firm:

* Only 81% of patients are always told by the prescribing practitioner what the drug is for. If not told, they would rarely ask
* Only 67% of patients are always told by the prescribing practitioner how to take a new drug, and 44% are rarely or never told about adverse reactions.
* Forty-nine percent are never given written information about a new drug by their physician or staff. They rarely if ever ask for written information if it has not been offered.

If those supporting SB397 have any expectations that the bill will help patients in any way, those factors must be addressed.

Concern #3: SB397 contains no definition of an employer-based onsite clinic. This potentially opening up the proverbial slippery slope. Why legislate when the intent of that legislation is unclear? Possibly there's a thought that practitioners in clinics are all able to access the same data base and that this fact would help to prevent drug interactions and therapeutic duplication. That would work within each clinic if a central shared database existed, but would not be accessible by practitioners at a second clinic across town. Again, a central medication profile is a potential life-saver, and an attempt to preserve this would go a long way in protecting our most vulnerable patients.

SB397 appears to be a bill requested by an insurance company to save itself money. The fact that it was not requested by a group of pharmacists or physicians sworn to protect the health and safety of their patients speaks volumes to me, as I hope it will to you. The patients we serve and strive to protect on a daily basis are also your constituents. They deserve to be protected by the series of checks and balances presently in place. SB397 would remove those checks and balances, essentially the safety net under our patients, and they simply deserve better.

I urge you to table SB397, or your recommendation of “Do Not Pass” if the bill is sent to the House floor.

Thank you for your consideration.

Sincerely,

Rebecca (Becky) Deschamps, RPh
4505 Old Marshall Grade Road
Missoula, MT 59802
(406) 543-4692

Important legislative items: Time sensitive

Hi Eric,

You're a hero in my book for having done this! I've talked with several pharmacists in Kalispell that have asked how they could become part of your blog, and your thought of going statewide is a good one! We definitely don't have that sort of network now, and I'm disappointed that word doesn't seem to have gotten out about most of these important issues.

I testified on SB397 on Monday afternoon before the House Human Services committee. EBMS had two proponents: an attorney and one of their execs. There were three opponents: Starla Blank from the BOP, Jim Smith from MPA and myself. I've attached my written testimony, and pretty much spoke ad lib about drug interactions, patient counseling and companies such as EBMS making purely business decisions that negatively affect the medical care our patients receive. A Representative from Scobey, Julie French, had to be the hero of the day. She's a PT tech, so knows a thing or two about the medical community's responsibility toward its patients. She peppered the two proponents with very astute questions, and at one point the attorney was silent for roughly 20-30 seconds trying to think of an answer and collect her thoughts. That's unusual to see...I'm married to one, so I feel I can say that!

SB397 is still in committee, and its primary sponsor, Sen. Kim Gillan, is working to come up with amendments to cover the points that were raised on Monday, including a definition of "employer-based onsite clinic". Kim is a good person and a good legislator, but I disagree with her on the merits of SB397. If "employer-based onsite clinic" is not adequately defined, we run the same risk that we did in the 90's with the Naturopaths when the legislature passed enabling legislation but neglected to define "natural products". As you know, Naturopaths now can prescribe nearly the entire arsenal of antibiotics with the exception of the quinolones (totally synthetic) and can also prescribe Oxycontin. I've spoken with one legislator who was on one of the committees that heard and passed the original bill in the 90's, and her comment on learning how far the scope of Naturopath prescribing had gone in a period of 10 years was (excuse me) "Holy Shit!" That was apparently far from their original intent.

If every pharmacist receiving this could forward the message to all pharmacists they know, asking them to contact their area legislators on the House Human Services committee re. SB397, asking those legislators to vote to table the bill or suggest "do not pass" that would be very helpful. They can use some of my attached comments if they'd like, but most likely have plenty of their own. Starla Blank has e-mailed to me a list of some of the pharmacists in home towns of legislators on the Human Services Committee, and I've been calling those pharmacists yesterday and today to get the word out. We need to do this quickly, as SB397 won't sit in committee forever. Here's that list, thanks again to Starla:

Stoker, Ron – Darby (no pharmacy) (Becky will call Wayne Hedman in Hamilton and others)
McGillvray, Tom – Billings Shannon Robison 656-8188
Becker, Arlene – Billings Margie nafts 237-8100
Caferro, Mary - Helena
Dutton, Ernie – Billings Dan Jurovich 259-2562
French, Julie – Scobey Robert Haugo 487-5911
Ingraham, Pat – Thompson Falls S. Shear 827-4349
Jones, Bill – Conrad Jesse Parks 278-3267 Peter McKeone 271-3211
Kerns, Krayton - Laurel Carl Wallila 628-8747, John Barsness 628-7217, Robert Baldner 628-6022
McAlpin, David - Missoula
Milburn, Mike – Cascade (no pharmacy)
Peterson, Ken – Billings Ed Kent 657-4155
Reinhart, Michele - Missoula
Sands, Diane - Missoula
Starla is also hunting for pharmacists that would be willing to testify in favor of SB326, the Prescription Drug Program Monitoring bill at 8AM tomorrow (03/22) before the House Judiciary committee. We're surrounded by states that have already implemented such programs, or at least authorized them legislatively. A PDMP is not a fishing expedition, but a secure electronic program to which pharmacists e-mail an electronic record of CII-CV prescriptions they've filled. It has the potential to save patient's lives. Boards set fall-out parameters (say, more than 15 controlled substance prescriptions filled by one patient per month) and receive regular reports according to those parameters. It's strictly confidential, and unauthorized use or misuse of information gained is a felony. Such a program would be valuable to physicians seeing a patient for the first time, and would either validate their decision to prescribe or send up a red flag for further investigation. If a patient is a chronic pain patient, that explanation alone would not prevent them from receiving the medications they need. Such a program would also be useful to pharmacists...we all have patients we worry about more than others, and pharmacists could inquire and receive an activity report (all confidentially) if the patient in question is utilizing multiple pharmacies. That would be nothing we couldn't do by calling around to other pharmacies, but it would be much less time-consuming. The bill would hopefully catch doctor shoppers and loose prescribers at an early stage, and potentially save some lives. Your verbal or written testimony would be welcome. Here's a list of the House Judiciary Committee:


Member
Assignment
David Niss
Legislative Branch Staffer
Diane Rice
Chair
Pam Schindler
Secretary
Dave Gallik
Vice Chair
Ron Stoker
Vice Chair
Douglas Cordier
Member
Robyn Driscoll
Member
Bob Ebinger
Member
George Everett
Member
Julie French
Member
Rick Jore
Member
Krayton Kerns
Member
Roger Koopman
Member
Tom McGillvray
Member
Deborah Kottel
Member
Jesse O'Hara
Member
Ken Peterson
Member
Holly Raser
Member
John Ward

Time is of the essence with both of these bills. Please do your part to spread the word and contact your legislators (especially those on the committees listed) today.

Becky Deschamps

Tuesday, March 13, 2007

Dear Missoula Pharmacists,
It’s been a rough session in Helena for pharmacy interests and the most disappointing part of that, in my opinion, it that very few pharmacists seem to know about the pending bills that will potentially affect our daily lives. Here’s a summary to get your blood pressure up and going: SB522, the bill that would have allowed certain psychologists to prescribe (and also dispense pursuant to present limits of MT law) was indefinitely postponed in the Senate and did not meet the deadline for transmittal to the House. It’s primary sponsor was Sen. Dan Weinberg. Below is a list of those senators who voted to indefinitely postpone the bill in the senate and those that voted to keep it alive (a “Yea” vote had the effect of killing the bill while a “Nay” vote would have kept the bill alive). I plan to e-mail the senators I know that voted “yea” and thank them for their action, and it would be great if every pharmacist would do the same. Carol Williams of Missoula was on the Senate committee that heard SB522, and I e-mailed her with my concerns before the hearing. She shared those concerns and e-mailed back saying that she would vote against the bill. The pharmacy community needs to keep track of voting records on bills that affect us and lend their support to candidates accordingly. Bill: SB 522 Date: 2/27/2007 Time: 4:49:16 PMVote Sequence Number: 623Motion: INDEF. POSTPONE Yeas: Bales, Barkus, Black, Brown, Brueggeman, Cobb, Curtiss, Elliott, Esp, Essmann, Gebhardt, Hansen, Harrington, Jackson, Jent, Juneau, Kaufmann, Laible, Laslovich, Lewis, Lind, McGee, Pease, Perry, Peterson, Ryan, Shockley, Squires, Steinbeisser, Story, Tash,J.Tropila, M.Tropila, Wanzenried, Weinberg, Williams, Mr. President.Total 37 Nays: Balyeat, Cocchiarella, Gallus, Gillan, Hawks, Kitzenberg, Larson, Moss, Murphy, O'Neil, Schmidt, Smith.Total 12
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SB 521, the bill that would revise pharmacy laws to prohibit substitution of anticonvulsants without consent of both the prescriber and the patient has been transmitted to the house and is not yet scheduled for hearing. It passed the senate with only two dissenting votes. I’ll let you know when the hearing is scheduled. Sen. John Esp was the primary sponsor.
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HB118, the bill that deals with RN dispensing in family planning clinics, has passed the House and will be heard in the Senate Public Health Welfare and Safety committee on Wednesday March 14th. I think that bill is innocuous, but if you don’t here’s your chance to speak up! The bill’s primary sponsor was Teresa Henry of Missoula.
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HB536, the drug pedigree bill, is still in the House following a hearing on 02/14. It’s listed as a revenue bill with a transmittal deadline of 04/03. The BOP originally opposed this bill and is helping to re-draft it. Rep. Arlene Becker is the primary sponsor. This bill would provide an electronic record of locations of prescription medications from the time they left the manufacturer until they roll onto our prescription shelves, and is a good measure for patient safety. That being said, I haven’t seen the final wording of the bill and am checking pretty much daily. It will have 2 remaining readings in the House once it gets out of committee. If it passes it will be sent to the Senate.
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SB326, the prescription drug monitoring program bill (primary sponsor Sen. Trudi Schmidt of Gt. Falls) was referred to the House Judiciary committee on 03/12 and its first reading in the House is today (03/13). Senators voting AGAINST this bill in the Senate (SB326 was supported by both the BOP and MPA) were: Bales, Balyeat, Brown, Curtiss, Gebhardt, McGee, O'Neil. There are no Missoula Senators on that list and this is primarily a Missoula blog, but I’d hope that pharmacists in the areas represented by these Senators will let them know how disappointed they were about their votes. I’ll make sure that pharmacists in their home areas are aware. We’ve been too kind for too long, folks... House Judiciary members for the upcoming hearing (no date yet) are:



Diane Rice
Chair
Dave Gallik
Vice Chair
Ron Stoker
Vice Chair
Douglas Cordier
Member
Robyn Driscoll
Member
Bob Ebinger
Member
George Everett
Member
Julie French
Member
Rick Jore
Member
Krayton Kerns
Member
Roger Koopman
Member
Tom McGillvray
Member
Deborah Kottel
Member
Jesse O'Hara
Member
Ken Peterson
Member
Holly Raser
Member
John Ward
Member

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SB397, the clinic medical practitioner dispensing bill sponsored by Sen. Kim Gillan of Billings passed the Senate Public Health, Welfare and Safety committee hearing on 2/14 despite being opposed by BOP and MPA due to patient safety concerns. Most of us knew nothing about that hearing or I’d hope that the hearing room would have been full of white coats! The bill was sent to the House on 2/21 with a 50-0 vote. There are two Missoula Representatives (Dave McAlpin and Diane Sands) on the House committee that I assume will be hearing the bill next. Let them know of your concerns before the hearing and please make every attempt to show up and testify at that hearing. The hearing has not yet been scheduled and I’ll e-mail or call you (or ride down the middle of Higgins shouting and playing a trumpet) when it is. If the majority of healthcare practitioners (and to think that some psychologists were nearly added to the list!) are able to dispense in the usual course of their practice (and the typical patient sees more than one practitioner) who will be monitoring for drug interactions? This isn’t in the best interest of our patients…it’s simply an accident waiting to happen.

Members of the House Human Services committee where this bill will likely be heard next are:

Member
Assignment
Ron Stoker
Chair
Arlene Becker
Vice Chair
Tom McGillvray
Vice Chair
Mary Caferro
Member
Ernie Dutton
Member
Julie French
Member
Pat Ingraham
Member
William J Jones
Member
Krayton Kerns
Member
Dave McAlpin
Member
Mike Milburn
Member
Ken Peterson
Member
Michele Reinhart
Member
Diane Sands
Member


I’ll write more later as updated information comes across...please e-mail this and other legislative information you run across to pharmacists you know across the state. The stakes are high.

Becky Deschamps, RPh

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