P: (312) 235-1131
F: (312) 423-9303
30 North LaSalle Street
Chicago, IL 60602
Edward D. Rickert
As a pharmacist and attorney, Edward Rickert has used his background and experience to represent pharmacies, pharmacists, physicians, long term care providers, and other health care providers in a variety of matters, including professional negligence, licensure, regulatory and business issues. In addition to his representation of health care providers, Mr. Rickert has represented drug and medical device manufacturers in both civil and regulatory matters, and insurance companies in a variety of insurance defense and coverage matters, at both the trial and appellate court level. In the labor and employment law area, Mr. Rickert has counseled and defended employers on a variety of issues, including non-compete agreements, trade secrets, sexual harassment, discrimination and retaliatory discharge.
- Lead counsel in trial court and Illinois Appellate Court case involving the federal Patient Safety and Quality Improvement Act of 2005 (PSQIA). Obtained dismissal of State’s petition to enforce subpoenas seeking incident reports of medication errors involving several pharmacists by successfully arguing that the reports were privileged patient safety work product transmitted to component Patient Safety Organization (PSO), and were therefore fully protected and privileged under federal law. Affirmed on appeal. Illinois Department of Financial and Professional Regulation v. Walgreen Co., 2012 IL App (2d) 110452, 970 N.E.2d 552 (Ill. App. Ct. 2d Dist. 2012).
- Serves as national counsel for several pharmacies, healthcare technology companies, and drug and medical device manufacturing and wholesaling companies, providing advice, counsel and representation before state and federal regulatory agencies, including the FDA and DEA.
- Assisted specialty pharmacy with the development of a compliance program focusing on FWA, HIPAA and state regulatory issues.
- Assisted clients in developing compliance strategies, including review and analysis of laws and regulations in all fifty states, in areas that include, among others, licensing issues, change of ownership transactions, drug product selection, Medicaid reimbursement, electronic prescribing, state privacy laws, telepharmacy and related technology issues, and remote prescription processing and dispensing.
- Successfully defended pharmacies and pharmacists in pharmacy malpractice cases, including cases involving allegations of failure to warn or monitor drug therapy and prescription misfill cases.
- Represented numerous pharmacies, pharmacists and other healthcare practitioners in licensure actions before professional boards across the country, including Arizona, California, Florida, Illinois, Indiana, Michigan and other states.
- Defended Medicare and Medicaid recoupment and termination matters.
- University of Iowa, Iowa City, Iowa (B.S. in Pharmacy, 1983)
- Chicago Kent College of Law at the Illinois Institute of Technology, Chicago, Illinois (J.D., with honors, 1988)
- Illinois, 1988
- U.S. District Court for the Northern District of Illinois, 1988
- U.S. District Court Southern District of Illinois, 1988
- U.S. District Court for the Central District of Illinois, 1988
- U.S. Court of Appeals 7th Circuit
- U.S. Court of Appeals 8th Circuit
Awards and Recognitions
- American Society for Pharmacy Law, President's Award, 2004
- UIC College of Pharmacy, Outstanding Teacher of the Year, Class of 2000 & 2001
- Recipient of James Hartley Beal Award for Outstanding Paper in Pharmacy Law, 1997
- Co-Chair, Legal Task Force/Clinical Labs, Pharmacy and Payer Workgroup, Illinois Office of Health Information Technology
- Illinois Bar Association
- Chicago Bar Association
- American Pharmacists Association
- Illinois Council of Health Systems Pharmacists (Director of Governmental Affairs)
- Illinois Pharmacists Association
- American Society for Pharmacy Law
- Academy of Managed Care Pharmacy
- American Society for Pharmacy Law (Past President, Past Member of Board of Directors)
- "Exchange Health Plans Are Not Considered Federal Health Care Programs? HHS Limits the Anti-Kickback Statute," American Health Lawyers Association Connections, February 2014
- Legal and Regulatory Issues in Self-Care Pharmacy Practice (Book Chapter), Handbook of Nonprescription Drugs (17th Ed. 2011).
- Co-Author, Telepharmacy: Identifying Legal Issues for Pharmacists (Book Chapter), Pharmacy Law Desk Reference, (Haworth Press 2007).
- The Pharmacist’s Evolving Duty to Warn: A View From the Courts, Clinical Trends in Pharmacy Practice, Vol. 18, No. 3 (2004). (Available at http://www.fujisawa.com/medinfo/cont_ educ/clin_trnd/clin_trnd_page.htm.)
- HIPAA and Pharmacy Practice for the Pharmacy Technician, Illinois Council of Health-System Pharmacists Tech Topics, Vol. 9, January 2004.
- Telemedicine and Electronic Prescriptions: Identifying Legal Issues For Pharmacists In The Information Age, Glaxo Wellcome Trends In Pharmacy On-line Newsletter, December, 1996 (www.helix.com).
Seminars and Presentations
- "340B Discount Drug Program: Updates and Changes Affecting Contract Pharmacies", American Society for Pharmacy Law, Developments in Pharmacy Law XXIV, Amelia Island, FL, November 2013
- Illinois Controlled Substances Act Update, ICHP-IPhA Legislative Days, State Capitol, Springfield, Illinois, March 7, 2012.
- Is it Legitimate? Understanding the Pharmacist's Corresponding Responsibility under the Controlled Substances Act, Cardinal Health Retail Business Conference, Orlando, FL, July 13 – 14, 2012.
- Pharmacy Malpractice: The View From The Courts, Midwestern University College of Pharmacy, Downers Grove, IL, February 10, 2012.
- Pharmacy Practice Update 2012, University of Illinois, Department of Ambulatory Care Pharmacy, Chicago, IL, October 15, 2012.
- Trends in the Regulation of Automation, American Society for Pharmacy Law, 2012 Developments in Pharmacy Law Seminar XXIII, Ventana Canyon Resort, Tucson, Arizona, November 15-18, 2012.
- Compounding versus Manufacturing and Other Light-Hearted Legal Issues in Illinois: Where We Are and Where We Are Headed, The Missouri Society and Illinois Council of Health-System Pharmacists 2013 Spring Meeting, St. Charles, Missouri, April 13, 2013.
- Illinois Law Update, 2011 Continuing Education Fall Summit, UIC College of Pharmacy, Chicago, Illinois, October 14, 2011.
- 2011 Legislative Update, UIC College of Pharmacy, ICHP – Student Chapter, State Capitol, Springfield, Illinois, February 22, 2011.
- Protecting Provider Records from Discovery – Patient Safety Organizations (PSO) and Other Programs, American Society for Pharmacy LawSeminar XXII, St. Petersburg, Florida, November 20, 2011.
- Treating “Pain Management” Patients Effectively, Illinois/Indiana Orthopedic Physician Association Meeting, Chicago, IL, August 13, 2010.
- Defending Drug Charges: Drug Abuse and Malprescribing, American Society of Interventional Pain Physicians, Comprehensive Review Course in Controlled Substance Management, Chicago, IL, August 10, 2010.
- Board of Pharmacy Boot Camp: Avoiding Unwanted Attention, International Academy of Compounding Pharmacists 2009 Annual Meeting – Compounders on Capitol Hill, Washington, D.C., June 14, 2009.
- Drug Diversion: Is it Legitimate?, American Pharmacists Association 2009 Annual Meeting, San Antonio, Texas, April 3, 2009. (Co-Presenter).
- Co-Presenter: Reclaiming Authority over Professional Standards for Controlled Substance Dispensing: Is the DEA Always Right? Or, Can Pharmacists Develop Less Restrictive and More Effective Rules to Reduce Controlled Substance Diversion? Developments in Pharmacy Law Seminar XIX, Las Vegas, Nevada, November 15, 2008.
- Bioterrorism Preparedness Training for Pharmacists and Nurses – Special Populations: Legal and Regulatory Issues, Emergency Preparedness Seminar for Healthcare Providers, Metropolitan Chicago Healthcare Council. Lincolnshire, IL, August 8, 2008.
- A Malpractice Primer for Pharmacists, American Pharmacists Association 156th Annual Meeting, San Diego, California, March 15, 2008. (Co-Presenter.)
- Pharmacy Under Siege: Contemporary Legal Issues, Fourth Annual Fall Healthcare Symposium, Sheraton Colonial Hotel & Conference Center, Wakefield, Massachusetts, November 1, 2007.
- Is it Legitimate? Assessing the Legitimacy of Controlled Substance Prescriptions, American Pharmacists Association 155th Annual Meeting, Atlanta, Georgia, March 15, 2007. (Co-Presenter.)
- Pharmacy under Siege: Contemporary Legal and Ethical Issues, American Pharmacists Association 155th Annual Meeting, Atlanta, Georgia, March 16, 2007.
- Patient Safety Law, American Pharmacists Association Annual Meeting & Exposition, San Francisco, CA, March 19, 2006.
- Advisory Board, Pharmacists’ Responsibilities in Managing Opioids: 2005 Update, A Continuing Education Monograph for Pharmacists, American Pharmacists Association, December 2005.
- Drug Safety Issues – Physician Responsibility and Liability, Adventist La Grange Memorial Hospital and Adventist Hinsdale Hospital Grand Rounds, November 29, 2005 and December 15, 2005.
- Quality Improvement and Peer Review Laws, National Association of Chain Drug Stores/American Society for Pharmacy Law Developments in Pharmacy Law XVI, Tucson, AZ, November 13, 2005.
- Evaluating Therapeutic Equivalence: A Pharmacist’s Guide: 2005 Update, APhA Continuing Education Program, Bentonville, Arkansas, May 10, 2005.
- Controlled Substance Prescriptions and Pain Management: Striking a Balance, Cardinal Health Retail Business Conference, Anaheim, California, August 4, 2004; Kentucky and Virginia Pharmacists Association, Breaks Interstate Park, Elkhorn City, Kentucky, October 8, 2004; APhA Continuing Education Program, Detroit, Michigan, January 25, 2005.
- To Speak or Not to Speak . . . Preparing for a Board of Pharmacy Investigation, American Society for Pharmacy Law Developments in Pharmacy Law XV, St. Petersburg, FL, November 13, 2004. (Co-Presenter.)
- Drug Utilization Review: Fact or Myth?, 12th Annual Pharmacy Law Institute Symposium, Ohio Northern University, July 26, 2002.
- Practicing Pharmacy in the 21st Century: Liability and Practice Concerns, American Pharmaceutical Association Annual Meeting, Philadelphia, Pennsylvania, March 17, 2002.
- Continuous Quality Improvement in Pharmacy: Legal, Regulatory and Practical Issues, California Pharmacists Association 2001 Western Pharmacy Education Faire, Reno, Nevada, October 9, 2001.
- Pharmacy Law Update, Federal Bureau of Prisons Pharmacy Specialty Education Program, Jacksonville, Florida, September, 2001.