From a perticular doctor.for a perticular medication
Can pharmacies legally refuse to fill a prescription?
Question posted by harless187 on 13 June 2015
Last updated on 6 June 2022
4 Answers
yozz25
1 June 2020
If your patient comes in and is a few days short on his scheduled 4 med and he only has enough to last one more day with 5 days left until his new prescription on file of his schedule 4 med goes into effect and the law in your state provides you the option of filling this prescription when the Dr. cannot be reached, using your professional judgement, what do you do? Further the patient is long time with you, has never gone short on in such time, and meets all the other requirements in state law.. So using professional judgment, if I give him a refill or enough to cover him, all will be ok. If I don't he may go into withdrawal and injure himself, or get a seizure. So it's easy, give it to him. Not giving it to him, is a very poor judgement, leaving you open to lawsuit and being brought to the Board. Your decision to not give is putting his life in jeopardy. So NO, you are not free to do what you want considering the possible consequences. It would go so far to say, that a NO decision in this instance, shows incompetence.
tg12921
14 May 2020
Those covered under ADA cannot be refused as easily as those not covered. The ADA indicates that, “People who are disabled cannot be discriminated against because of their disabilities.
If a Pharmacist refuses to fill a valid/on time control substance prescription for reasons other than doing so would harm the patient, because the patient is allergic to the medication or medication would adversely interact with other medications the patient is taking.” “The failure of the pharmacy/Pharmacist to fill your valid/on time control medications prescriptions which may happen because of the pharmacy’s policies, the Pharmacist’s “professional discretion” or the wholesalers rationing the amount of control medications can purchase, is a violation of the patient’s civil rights under the ADA.” “Besides an ADA violation, the permit holder/store owner, Pharmacist in charge, Pharmacist refusing to fill prescriptions and wholesaler are all licensed by the various state Board of Pharmacy, and it is recommended that a complaint for unprofessional conduct be filed against each with the appropriate Board of Pharmacy. Some believe that they are in essence “practicing medicine” a complaint to the state Medical Licensing Board may be appropriate.
Dr Cappuccilli
13 June 2015
Pharmacies and pharmacists can refuse to fill anything they choose. The law permits pharmacists to refuse to fill based on our professional judgement.
That being said I would really like to see legislation that required us to document refusals - I think we should be responsible for documenting why we refuse a prescription because pharmacists often refuse for reasons that I disagree with - like tattoos or age.
kaismama
13 June 2015
I heard that even the way we dress can make a difference. That isn't right. . In virginia a copy of the prescription goes to the pharmacy board every time a narc is filled and they can have a problem if they fill too many from one dr.
kaismama
13 June 2015
Absolutely. No pharmacy is forced to fill anything, this isn't some country where we can't run our businesses the way we want. If there is a problem with some dr writting too many scripts for narcs they are almost obligated to refuse to fill them because they will get in trouble if they do.
Dr Cappuccilli
13 June 2015
It is important to note that the West Virginia supreme court ruled that addicts can sue pharmacists for damages related to addiction and abuse when they do dispense medication so I expect MORE pharmacists to refuse pain medication now than ever before.
srendell21040
6 June 2022
They are electronic now duh so if they were giving them to just anyone before they can’t now!! Use your brain
srendell21040
6 June 2022
They are electronic now duh so if they were giving them to just anyone before they can’t now!! Use your brain
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