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
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.
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.
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.
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.
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