We here in NYLPI’s Health Justice Program, along with our partners Make the Road New York, are getting ready to hold a press conference at 12:30pm on Tuesday, December 14 near City Hall at Broadway and Park Place (East side of Broadway). We will use that opportunity to release our new report detailing our findings from a monitoring study of language access in pharmacies, and to join with consumers, advocates, and State Assemblyman Richard Gottfried, State Senator Jose Peralta, and Councilmember Julissa Ferraras in calling for the state legislature to pass a bill that would ensure standardized prescription drug labels and language assistance services in chain pharmacies all across New York State.
It may seem like common sense, but prescription drug labels are only effective if patients are able to understand them. That feeling of confusion upon returning home from the pharmacy and not understanding how to take the medication is universal. With dozens of ways for a pharmacist to write “take once a day,” it is often challenging for patients to understand and act correctly on just one prescription instruction. For those who take multiple medications, such as the elderly, and for the over 2.4 million people in the New York who speak English less than “very well” and are therefore considered limited English proficient (LEP), though, the lack of translation and prescription label standardization makes labels literally incomprehensible.
The consequences of patients’ misunderstanding prescription labels can be dire and costly. Every year, unintended misuse of prescription medications causes over one million “adverse drug events,” resulting in expensive visits to the emergency room, hospitalization, and even death.
Everyone should be given the opportunity to understand their prescription medication labels. Fortunately, solutions exist to this serious health problem that are simple, inexpensive, and efficient for pharmacies to implement. Creating easy-to-understand, standardized prescription labels, and providing that information in a patient’s language in person or over the phone, can significantly improve health outcomes.
Since 2007, NYLPI and Make the Road have been championing the issue of safe access to prescription medications in New York State, particularly with regard to language access. We worked with the New York State Office of the Attorney General to enforce existing laws relating to language access in pharmacies, which resulted in settlement agreements with seven chain pharmacies operating across the state. We also worked with the New York City Council to pass the Language Access in Pharmacies Act, which requires chain pharmacies in the city to provide translation and interpretation services for LEP consumers filling prescriptions.
This past summer, Make the Road and NYLPI surveyed over 250 chain pharmacies across New York—including Rite Aid, Duane Reade, K Mart, CVS, Pathmark, Target and Walgreens—to determine the extent to which pharmacies were complying with the city law and Attorney General settlement agreements. Chain pharmacies not bound by local law or the settlement agreements were also surveyed to determine whether additional regulation actually improves access to services for patients.
What we found encourages us that our efforts thus far are significantly improving the health and safety of all New Yorkers. It also pushes us forward in our work toward making that goal a reality. Among other findings, our results show that:
- The settlement agreements and local law have led to significant improvements in the provision of language assistance services compared to when we began this work in 2007.
- However, nearly 50% of pharmacies surveyed were still unable to state that they met the prescription label translation requirements of the laws.
- Further, almost 30% of surveyed pharmacies could not state that they provided mandated interpretation services for medication counseling.
- Pharmacies not subject to the settlement agreements or local law provide the poorest access to limited English proficient consumers.
While the oversight and additional regulation by state and local authorities have had a positive impact on patient access to pharmacies, more needs to be done. The city law only covers New York City chain pharmacies and the settlement agreement expires in 2013. In addition to the ongoing language barriers, the fact remains that many consumers, regardless of the language that they speak, continue to have a difficult time understanding the instructions and labels that accompany their medication, and there is little in existing law to help them.
The state bill, championed by Assembly Member Gottfried and State Senator Tom Duane, contains provisions that would ensure that all patients can better understand their prescription medications. The bill, which would apply to all chain pharmacies across New York, would authorize the State Board of Pharmacy to create a framework for standardized prescription labels that are easier for consumers to understand. It would also expand upon the legal requirements already contained in the local law and would codify many of the translation and interpretation requirements of the settlement agreements.
We hope you will join us at the press conference, and will sign on to show your support for New York Assembly bill A11627 (Gottfried) and Senate bill 8365 (Duane) and to call on members of the Assembly and Senate to sponsor and support the legislation.