Kenneth R. Baker, RPh, J.D.

PHARMACIST CONSULTANT AND OF COUNSEL

PRACTICE AREAS

Pharmacy Law & Regulation

Health Care Law

Administrative Law

Risk Management/Quality Practice

Medication Errors/CQI

Expert Witness

Education

Indiana University School of Law at Indianapolis, J.D., cum laude, 1975

Purdue University, B.S., Pharmacy, 1967

Bar Admissions

Arizona

Indiana

professional experience

Pharmacists Mutual Insurance Company: Senior Vice President, General Counsel, 1988-2007

Pharmacy Compounding Accreditation Board: Executive Director, 2005-2007

PMC Quality Commitment, LLC (division of Pharmacists Mutual Insurance Company): Executive Vice President, 2000-2005

Professional Associations and Memberships

American Society for Pharmacy Law: past president

Arizona Pharmacists Association

Arizona Pharmacy Alliance

Pharmacy Marketing Group: past president

Iowa Pharmacists Association

Iowa Pharmacy Foundation

ARTICLES

“Monitoring Controlled Substances,” Drug Topics, September 2010

"Is Patient Compliance a Medication Error?" Drug Topics, January 2010

"Pharmacy Needs a Workable Standard for When to Check the Rx Monitoring Database," Food Marketing Institute, November 2009

"Determining When Counsel Is Most Appropriate," Drug Topics, September 2009

"Can a Medication Error Be a Crime?" Drug Topics, August 2009

"I Have a Subpoena for Prescription Records. What Do I Do?" Food Marketing Institute, July 2009

"Apology Laws: If I Say 'I'm Sorry,' Can It Be Used Against Me?" Food Marketing Institute, June 2009 

“Insurance for the Compounding Pharmacy Business, Part 1: Who Is Covered?” International Journal of Pharmaceutical Compounding, September/October 2008

“What Will You Learn from Your Mistake?” Drug Topics, April 7, 2008

“Medication Errors: The Value of Habit,” Drug Topics, January 28, 2008

“Do People Sue People Who Counsel?” Drug Topics, December 3, 2007

“What Types of Drugs Are Involved in Errors?” Drug Topics, November 12, 2007

“What Kinds of Mistakes Do Pharmacists Make?” Drug Topics, October 15, 2007

“Principals of Professional Liability Insurance for Pharmacists,” chapter co-author, Pharmacy Law Desk Reference (2007)

“Principles of Professional Liability Insurance for Pharmacists,” Pharmacy Law Desk Reference, D. D. Konnor, Editor, 2007, Haworth Press

 “Legal Consideration in Drug Substitution,” Drug Topics (2005)

“Documentation in Pharmacy Practice,” chapter co-author, Pharmacy Practice Manual, 2nd edition (2001)

“The OBRA 90 Mandate and its Developing Impact on the Pharmacist’s Standard of Care,” Drake Law Review (Vol. 44, No. 3)

“Pharmacy Practice in Changing Professional Environment,” Drug Store News (2000)

“Legal and Professional Considerations of Pharmacy Credentialing,” Drug Topics (1999)

“Pharmacy Ethics and the Law,” recurring column, Drug Topics

“Pharmacy Law,” recurring column, Drug Store News Chain Pharmacist (1994-1998)

“Medication Errors,” Monthly Column, Drug Topics On-Line

“Confidentiality and the Pharmacist,” Drug Store News (1998)

“Risk Management in Pharmacy: Preventing Liability Claims,” The American Pharmacist (1994)

“What is Adequate Liability Coverage for Pharmacists?” Pharmacy Management Advisor (1994)

“Pharmacist Liability and OBRA 90,” Drug Store News for the Pharmacist (1992)

“A Study of the Causes of Pharmacy Malpractice Claims,” Pharmacy Law Annual (1991)

“When a Pharmacist Refuses to Fill,” The Indiana Pharmacist (1987)

Consultant, Pharmacists Letter

Contributor, 50 State Pharmacy Association Journals

Editor/Author, PMC Quality Commitment Newsletter

Various articles in the fields of risk management, pharmacy law, pharmacist liability, compounding law, medication errors and other subjects

presentations

“Changing Liability Issues for Hospital Pharmacists: Protecting Yourself and Your Hospital,” American Society of Health-System Pharmacists (ASHP), December 2009

“Intersection of Legal and Professional Ethics- The Attorney's Role in Advising Clients Regarding Professional Commitments,” American Society for Pharmacy Law, November 2009

“New Federal Protection of Quality-Related Records: The Patient Safety and Quality Improvement Act and the New Proposed Regulations,” Lorman Seminar, July 2008

“Peer Review and Quality Assurance Records,” Lorman Seminar, July 2008

“Reducing Dispensing Errors: Quality Control Measures in Managed Care,” Arizona Pharmacy Alliance, 2008

“Ethics & Pharmacy, a Study of Ethical Principles as Applied to Pharmacy Practice,” RxSchool, 2008

“Medication Errors: Analyzing the Risks & Starting the Process,” RxSchool, 2008

“The Law of Pharmacy Compounding,” RxSchool, 2007

“The Practice of Pharmacy in Legal Terms,” RxSchool, 2007

“Medication Errors: Implementing a System of CQI,” RxSchool, 2007

“The Essentials of Pharmacy Malpractice,” RxSchool, 2007

“Pharmacists’ Duty to Warn: Suggesting a Balance between No Duty and Undoable Duty,” co-presenter, American Society for Pharmacy Law, 2007

“Compounding Pharmacy & Accreditation,” FDLI, 2006

“Pharmacy Compounding Law,” American Society for Pharmacy Law, 2006

“Update on Pharmacy Compounding Law,” American College of Apothecaries, 2006

“Pharmacy, Law & Health Care Reform,” Midwest Pharmacy Conference

“Law and Ethics: An Interactive Look at What We Believe,” Ohio Society of Health System Pharmacists

“Pharmacist Liability: Causes & Prevention and the Effects of OBRA 90 on Pharmacist Liability,” University of Iowa School of Pharmacy

“After OBRA: The Future of Pharmacist Liability,” MediSpan Users

“Pharmacist Liability: How to Not Get Sued,” Duquesne University School of Pharmacy

“The Duty to Warn: Whose Liability Is It?” Panel Discussion (Moderator), National Counsel on Patient Information and Education

“Effects of OBRA 90 on Pharmacist Liability,” Food Marketing Institute

Other Groups and Lectures: University of Iowa, California Pharmacists Association, Nebraska Pharmacist Association, University of Missouri at Kansas City, Drake University, Georgia Pharmacists Association, Midwest Pharmacy Law Conference; Kansas Society of Hospital Pharmacists; Missouri Society of Hospital Pharmacists; Texas Pharmacists Association, University of Minnesota; Washington State Pharmacists Association, Ohio Society of Health System Pharmacists.

teaching experience

University of Iowa, College of Pharmacy: Adjunct Assistant Professor, Pharmacy Law and Ethics

Iowa Lakes Community College: Business Law

Briar Cliff College: Business Law