LIABILITY PROTECTION

To advocate that the pharmacy workforce be able to provide services consistent with the standard of care to patients without fear of legal consequences, harassment, or liability; further,

To advocate that protection against liability extend to referrals for out-of-state care and for providing services consistent with the standard of care to patients from another state.

Rationale

In some states, pharmacists face potential civil or criminal liability for providing certain patient care services consistent with the standard of care, including services related to reproductive health, gender-affirming care, and prevention and post-prophylaxis for HIV. Subjecting pharmacists to such liability for providing patient services consistent with the standard of care not only inappropriately infringes on the practice of pharmacy, it increases risks to patients. Given the chilling effect of the laws impeding certain patient care services, patient access to services may be reduced or eliminated. Treatment delays, particularly for time-sensitive care related to reproductive health and provision of post-exposure prophylaxis (PEP) and pre-exposure prophylaxis (PrEP), adversely impact patient care and outcomes and may result in patient or fetal mortality. Further, fear of prosecution could not only unduly limit the number of pharmacists willing or able to provide these services, but also significantly hinder training and specialization in these areas in the next generation of clinicians, damaging our nation’s clinical pipeline. This policy is meant to apply only to care provided consistent with the standard of care and would not extend to protect against liability associated with negligence or malpractice.