STATUTORY PROTECTION FOR MEDICATION-ERROR REPORTING

To collaborate with other healthcare providers, professions, and stakeholders to advocate and support state and federal legislative and regulatory initiatives that provide liability protection for the reporting of actual and potential medication errors by individuals and healthcare providers; further,

To provide education on the role that patient safety organizations play in liability protection.

Rationale

Medication-error reporting at the state and federal level has been shown to improve medication-use systems and aid in conducting a root cause analysis of a medication error. Liability protection for such reporting at the federal is necessary to achieve this analysis and improve patient safety. Pharmacists need to be aware of legal protection for error reporting under the federal Patient Safety and Quality Improvement Act of 2005. The Act set up a network of federally sanctioned Patient Safety Organizations (PSOs) that provide protection for healthcare providers, including pharmacy personnel. A PSO is prohibited from identifying individuals or organizations that report and the information used for educational purposes must be de-identified, including contextually as necessary. The Act overrides state protections and supports the collaboration sought among providers who report and work with a PSO.