University of Florida

Publications :

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., 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., 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).

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).

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 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," 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 (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).

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 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 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).