Forensic pharmacy applies pharmaceutical sciences to legal issues. Forensic pharmacists can interpret drug and alcohol levels, estimate intoxication levels at the time of events, and provide expertise in criminal cases involving drugs. They review insurance claims for off-label drug use and can testify whether an unlabeled use is reasonable. Forensic pharmacists also help identify fraud such as falsifying medical records, diverting controlled substances, or submitting fraudulent insurance claims. Their training in pharmacology, toxicology, and pharmacokinetics makes them valuable experts in legal cases involving drugs, poisoning, and intoxication.
2. What is Forensic Pharmacy?
Pharmacists are experts in the science of drugs. Forensic pharmacy is
the application of the drug sciences to legal issues. Forensic
pharmacists engage in professional work relating to litigation, the
regulatory process, or the criminal justice system. The domain of
forensic pharmacy includes the clinical, distributive, administrative
aspects of pharmacy, and the basic pharmaceutical sciences. As
stated above, almost every profession has a forensic application. It
can also be said that almost every specialty of a profession has a
forensic application. For example, one could be a forensic psychiatric
Pharmacist, a forensic clinical pharmacist, a forensic oncology
pharmacist, and so on.
Forensic pharmacy is important in following…
Blood Levels
Drugs, Alcohol, and Driving
Criminal Cases
Off-Label Drug Use
Fraud and White-Collar Crime
Conclusion
Blood Levels
Certain drugs have a narrow therapeutic range and need to be closely
monitored (e.g. digoxin, theophylline, lithium, etc.). Clinical reasons
for which to draw blood samples include high doses and borderline
doses, signs of toxicity occurring, lack of a therapeutic effect, or
suspected poor adherence. Toxicology analysis is a common part of
the forensic autopsy and often forensic pharmacists are consulted to
3. interpret drug levels. Numerous changes occur postmortem that may
increase or decrease the blood level detected at autopsy. The
postmortem blood level may not reflect an ante mortem blood level.
Drugs, Alcohol, and Driving
Pharmacists have numerous skills that are useful in DUI cases. The
forensic pharmacist can interpret the levels of blood alcohol and
discuss the typical effects from different alcohol levels. Pharmacists
can apply pharmacokinetics to estimate the level of alcohol at the
time of the alleged event. Pharmacokinetics calculations can
especially be helpful if an extended time period exists between the
incident and time of collection. Drug interactions can be relevant to
DUI cases. Certain medications can have additive effects with ethanol,
that is lower levels of ethanol will produce greater effects. Other
Medications can alter the absorption or metabolism of ethanol.
Certain disease states may make a person susceptible to the
Effects of ethanol. Pharmacists can provide input regarding these
other factors relating to alcohol consumption such as personal injury
cases.
Criminal Cases
The work of forensic pharmacists may be needed in various types of
criminal cases. This includes cases where the drug or poison was used
as a weapon, or where medications impair the mental capacity of the
defendant or victim. Drugs as a causative factor for aggression have
been used as a criminal defense. This defense is more likely to be
successful if the drug is a prescribed medication rather than a
substance of abuse. This defense is more likely to be accepted with
involuntary ingestion rather than voluntary intoxication. Medication
Effects can be an issue in determining whether a defendant is
competent to stand trial. The effects of drugs on victims are often
related to criminal cases. Medications are often used as agents for
4. suicide and in suicide attempts. Drugs and poisons have been used as
tools of homicide. Drugs have been used to facilitate sexual assault,
Especially in dating situations. The most well-known date rape drug is
flunitrazepam (Rohypnol), although alcohol is the most common
agent. Other well-known date rape drugs include gamma-
hydroxybutyrate (GHB) and ketamine. In theory, any drug that has
sedating, mind alerting effects, or impairs memory could be used to
facilitate a sexual assault. Chemical weapons have been used in
terrorism and continue to be risk to this day.
Off-Label Drug Use
Forensic pharmacist can review insurance claims relating to
medication therapy, especially where new and unusual uses of
medications are prescribed. A pharmaceutical manufacturer, before
marketing a drug, has to obtain approval from the FDA. The product’s
labeling is part of this application process. A pharmaceutical company
may only market the drug for conditions that the FDA has approved.
However, health care providers may prescribe marketed medications
for uses other than FDA-approved uses. These are referred to as
‘‘unlabeled’’ or ‘‘off-label’’ uses. Patients, medical professionals, and
health care organizations often submit claims to insurance
companies, seeking payment for unlabeled uses. This may raise ‘‘red
flags’’ with the insurance company. A forensic pharmacist can review
Such claims and offer an opinion whether the use is reasonable and
common practice. Off label use may be brought up in malpractice
lawsuits as a standard of care issue. Prescribing off label medications
is in itself not malpractice. Many off-label uses of medications are
appropriate and medically necessary. The forensic pharmacist may
offer testimony about the need for unlabeled indications and provide
insight into appropriate use of that medication.
Fraud and White-Collar Crime
The Association of Certified Fraud Examiners defines fraud as any
intentional or deliberate act to deprive another money or property by
means of deception. Types of fraud related to forensic pharmacy
include.
5. 1. Scientific Fraud:
Submitting intentional false data for publication in a book or journal.
2. Quackery: The promotion of remedies that lack scientific support to
consumers or health professionals.
3. Drug Diversion: Obtaining controlled substances for misuse or
abuse. For more information regarding drug diversion, see an article
about Louis Fisher, RPh. The Journal of Pharmacy Practice also had
two issues devoted to drug diversion in 2006.
4. Health care Fraud: Submitting intentionally false data to insurance
companies.
5. Occupational Fraud and Abuse: This is in no way limited to
pharmacy and or even the health care industry.
6. Record Tampering: Improper changes in the writing in the medical
records after a lawsuit has been initiated or fear lawsuit after an
unexpected occurrence.
7. Counterfeit Drugs.
Overlap exists in the above areas. For example, diverting a controlled
substance that was intended to be administered to a Medicaid
patient and subsequently billed to Medicaid is both drug diversion
and Medicaid fraud. Case reports suggest that some cases of financial
fraud may be due to the need to purchase illegal drugs.
Conclusion
Pharmacists have training in therapeutics, chemistry, pharmacology,
pharmacokinetics, and toxicology. All of these areas can be applied to
a variety of forensic situations. The skills of pharmacists can be useful
in legal cases involving malpractice, personal injury, drunk and
drugged driving, fraud, criminal poisoning, date rape, and worker’s
compensation.
Thank you…