+ All Categories
Home > Documents > CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain...

CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain...

Date post: 11-Sep-2020
Category:
Upload: others
View: 3 times
Download: 0 times
Share this document with a friend
30
1 CURRICULUM VITAE David Benson Brushwood CONTACT INFORMATION Dept. of Pharmaceutical Outcomes & Policy P.O. Box 100496 Gainesville, FL 32610-0496 (352) 273-6255 [email protected] 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) Assistant Professor of Pharmacy Administration The Philadelphia College of Pharmacy & Science 43rd and Woodland Philadelphia, PA 19104 July, 1982 to June, 1985
Transcript
Page 1: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

1

CURRICULUM VITAE

David Benson Brushwood CONTACT INFORMATION Dept. of Pharmaceutical Outcomes & Policy P.O. Box 100496 Gainesville, FL 32610-0496 (352) 273-6255 [email protected] 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)

Assistant Professor of Pharmacy Administration The Philadelphia College of Pharmacy & Science 43rd and Woodland Philadelphia, PA 19104 July, 1982 to June, 1985

Page 2: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

2

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)

Kanehl Scholarship Recipient (1979) National Association of Retail Druggists Award (1975) PUBLICATIONS:

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

Page 3: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

3

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). 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).

Page 4: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

4

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). 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).

Page 5: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

5

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,” 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).

Page 6: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

6

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).

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

Page 7: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

7

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 American Journal of Health-System Pharmacy 1337 (1995).

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

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,"

Page 8: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

8

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). 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

Page 9: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

9

(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).

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).

Page 10: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

10

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. 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

Page 11: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

11

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).

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

Page 12: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

12

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, 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"

Page 13: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

13

December, 1990: Pharmacy Not Liable January, 1991: Duty to Warn of Drug Interactions

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 December, 1995: Reduction in Damages January, 1996: Fraudulent Concealment February, 1996: Walking Your Talk March, 1996: Restricted Practice

Page 14: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

14

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 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?

Page 15: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

15

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 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

Page 16: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

16

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 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

Page 17: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

17

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 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.

Page 18: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

18

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 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 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).

Page 19: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

19

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 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:

“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.

Page 20: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

20

“Health Care and Patient Safety: Regulatory Perspectives,” Invited Paper at Dalhousie University, Halifax, March, 2010.

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

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

Page 21: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

21

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 19 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, 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

Page 22: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

22

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 55 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 29 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,” 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

Page 23: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

23

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 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

Page 24: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

24

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.

"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

Page 25: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

25

"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.

"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.

Page 26: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

26

"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 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,

Page 27: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

27

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

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

Page 28: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

28

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 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

Page 29: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

29

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).

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

Page 30: CURRICULUM VITAE David Benson Brushwood...Brushwood, D., “Debunking Myths of Negligence in Pain Management Practice,” 21 Journal of Pain and Palliative Care Pharmacotherapy 47

30

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).


Recommended