Petition update

Pharmacists Declared 'Health Care Providers' By Pennsylvania Court

Sandra Leal, PharmD, MPH, FAPhA, CDE
Tucson, AZ

Apr 27, 2012 — Pharmacists Declared 'Health Care Providers' By Pennsylvania Court

A recent ruling from the Superior Court of Pennsylvania found pharmacists to be "health care providers" for purposes of the state's Medical Records Act (MRA), reversing a lower court ruling that the MRA didn't apply to pharmacists and pharmacies because a pharmacy customer was not a "patient."

Pennsylvania's Superior Court reversed, finding that for purposes of the MRA, pharmacists are health care providers, persons to whom prescription medications are dispensed are patients, and patient pharmacy records maintained by the pharmacist are medical records. "The court's decision was based in large part on its review of the state Pharmacy Practice Act and Pennsylvania State Board of Pharmacy regulations (see State Board of Pharmacy website), demonstrating the importance of ensuring state pharmacy laws reflect the contemporary practice of pharmacy," according to Jason Hansen, MS, JD, APhA Director of Health Policy.