Ohio governor signs law designed to help prevent pharmacy errors

ByABC News
January 8, 2009, 1:36 AM

— -- As the mother of Emily Jerry looked on, Ohio Gov. Ted Strickland on Wednesday signed a new state law aimed at preventing new tragedies like the prescription error that led to her two-year-old daughter's death in 2006.

Officially known as Emily's Law, the statute for the first time requires all Ohio pharmacy technicians to meet minimum education and training standards.

Emily, who was undergoing treatment for a grapefruit-sized tumor, died after a technician at Rainbow Babies and Children's Hospital in Cleveland mixed a chemotherapy drug with a saline solution that contained 26 times more salt than normal. A hospital pharmacist failed to detect the error.

Emily's death three days later inspired her parents to start a crusade that culminated in the celebratory signing ceremony.

"We started out with Ohio having absolutely no rules or regulations for pharmacy technicians, and now we have the most stringent law in the country," said Jerry. "It's an incredible feeling that we finally got here."

Under the new law, pharmacy technicians will be required to have a high school diploma or the equivalent, submit to a criminal background check and pass a pharmacy proficiency exam. They would also be required to wear technician identification while at work.

Violations could result in criminal penalties for both technicians and their employers.

"I hope this serves as a model for other states to follow in improving patient safety in pharmacies," said state Sen. Timothy Grendell, the new law's chief sponsor.

He said USA TODAY stories over the last year that focused on prescription safety issues were instrumental to the enactment.

Strickland, calling the requirements a "common sense law," said it would turn tragedy to triumph. "Out of this incredibly painful experience and tragic loss for Emily's family their little daughter will have a legacy they can feel very good about and proud of," he said.