Lawyers say pharmacist did the right thing

Wednesday, July 25, 2001 | 11:02 a.m.

A pharmacist who reported a North Las Vegas police officer's suspected drug abuse to the officer's employer was trying to protect the public from "immediate danger" and shouldn't be punished by the State Board of Pharmacy, according to the man's attorneys.

Scott Larsen, a pharmacist at a Walgreen's on Las Vegas Boulevard North, contacted police Aug. 23, a day after he filled a prescription for pain killers for the police officer. In addition to telling the police about her prescription history with Walgreen's, Larsen handed over a patient profile that included the names of all the doctors and pharmacies the officer, Gina Carmody, had used.

Carmody was placed on administrative leave the same day and was later fired. She became addicted to pain killers following a shoulder injury, according to a report by the state board. She has disputed her firing and the matter is in arbitration with the city of Las Vegas.

In the board's complaint Larsen is charged with violating Carmody's rights to privacy and improperly disseminating a confidential patient profile. He could face sanctions, including the potential loss of his license.

Pharmacists who suspect drug abuse are supposed to use their "professional judgment" when reporting suspected drug abuse, and there are no specific laws outlining the steps that are supposed to be followed, according to the pharmacy board. The lack of clarity led to Larsen's error, his attorney said.

"Currently, there is not a statute addressing an immediate danger to the public safety," Graham said. "... The board is left with the unfortunate task of disciplining a pharmacist who thought he was doing his duty."

In a written response to the board's accusations, attorney Robert Graham states that his client's only motivation was to protect Carmody and the public. Carmody had filled prescriptions with Larsen before and was usually in uniform at the time, Graham said.

On several occasions she exhibited behavior that Larsen believed were symptoms of drug abuse, such as high anxiety, Graham said. Larsen also noted that the refills would take place as soon as the previous refill order had expired, Graham said.

On Aug. 22 Carmody drove through the Walgreen's pick-up window in a police car, he said. Larsen called the North Las Vegas police and reported her.

"The threat to public safety was immediate, and he believed his actions were appropriate," Graham said.

The police sent a detective to the pharmacy to interview Larsen. The detective asked for a copy of a Carmody's patient profile, which had been compiled by the state board's substance abuse task force.

Carmody attracted attention because of her frequent prescriptions for narcotics from various physicians, according to a representative of the task force. The profiles are sent to all of the doctors and pharmacies that the patient has frequented, along with a cover letter warning that the information is confidential and not to be shared with anyone.

Larsen only handed over the profile at the direct request of a North Las Vegas police investigator and didn't know the police needed a warrant to obtain a copy of the report, Graham said.

The controlled substances task force advises pharmacists to report concerns to its office or the state board. This is the first time a pharmacist has contacted a patient's employer to report suspected abuse, a representative for state board said.