This came from the California Board of Pharmacy… It would appear that “CORRESPONDING RESPONSIBILITY” is a ONE WAY STREET at least at the state level.. or not considered more than a one way street.. Unless there is some corresponding responsibility for the pharmacist not denying a legit pt their legally written, on time medically necessary medication.. then all too many Pharmacists are going to default to a safe zone.. of it is more important to make sure that the first dose doesn’t get into the wrong hands than all the right doses get into the right hands..
Corresponding
Responsibility
It’s the Law.
http://www.pharmacy.ca.gov/publications/corresponding_responsibility.pdf
Precedential Decision
You, a pharmacist, are the last line of defense in
preventing controlled substances from getting into the wronghands.
In August 2013, the Board of Pharmacy made a 2012 license
revocation case a precedential decision.
In this case, the board revoked the licenses of both a Hunting-
ton Beach pharmacy and its pharmacist because the pharmacist
failed to comply with corresponding responsibility require
ments in the distribution of opioid drugs. Four patients died as a
result. The decision can be read online at
http://www.pharmacy.ca.gov/enforcement/fy1011/ac103802.pdf
.
The Decision and Order concluded that a pharmacist must inquire whenever a
pharmacist believes that a prescription may not have been written for a legitimate
medical purpose.
The pharmacist must not fill the prescription when the results of a reasonable
inquiry do not overcome concern about a prescription being written for a legitimate
medical purpose.
Just say “No.”
A pharmacist has a right and responsibility to deny a prescription if
it does not seem legitimate. First, check CURES then call the prescriber, but don’t
rely on the number on the prescription form as it could be phony. Once verified with
the prescriber, if a pharmacist still does not feel comfortable, refuse to fill the
prescription.
The Law
According to Health and Safety Code section 11153, “a prescription
for a controlled substance shall only be issued for a legitimate
medical purpose by an individual
practitioner acting in the usual
course of his or her professional practice.”
While the prescriber has th
e responsibility for the proper
prescribing and dispensing of controlled substances, the pharmacist
filling the prescription has a
corresponding responsibility
to ensure the prescription
is legal and not for purposes of abuse.
The criminal punishment for knowingly violating this law is imprisonment in county
jail of up to one year and a fine of up to $20,000.
Filed under: General Problems
ps. read the CA Board decision here. Several pts of this “Dr T.” died of drug overdose.
http://www.pharmacy.ca.gov/enforcement/fy1011/ac103802.pdf
I would hope that a patient can go to where their doctor of choice is. I also live 10 miles from the nearest pharmacy which happens to be in a different city since I am one mile from tripled taxes. I am a chronic pain patient. Why are my prescriptions being turned down? Some of my diagnoses are on the prescription. Not one pharmacist would take the time to call the doctor. I would not have minded. Easier to punish me than pick up the phone?
The first responsibility of the pharmacist is to protect his/her license. If you believe that a twenty something buying 180 oxy 30’s for cash with a script from a doc 60 miles away is a chronic pain patient, then you are in for trouble. The street value is up to $1/mg . Let me emphasize that we never deny our chronic pain pts their meds. We know who they are, we know the reputations of the docs etc. The cautions listed by the CA Board are only common sense.
The point is: PREVENTION IS THE KEYWORD. Fresno County where I reside was the 1st in the US to prohibit more than 6 plants. Their is so much financial incentive in one plant being worth $1000.00 or so many, murders was the result. With one individual and his son running a dispensery, last year Sheriff Deputies found in excess of $350.00 in undeclared income before prohibited here
Where Ive worked as far as I knew there were no contracts limiting pharmacies unless the doctors offices specifically called us. OR IN Medicaid put a restriction for member to see specific doc and pharmacy..then we would know via reject. I usually ran INSPECT unless I knew them very well. One place I worked Inspect had limitations til recent it didnt cross state lines and we were on IN/IL border. So it hard to check if they were going across state lines and filling multiple scripts.
Some penalties are on the books to defray others in primary or secondary charge from going the way of preNixon’s controlled substances Act of 1970. We now have more or less enough oversight already. I never thought I would see recreational cannabis (a C-I federally) being the lottery for those believing if it is legal, it is fine. Prohibition of a amount of pot for personal use is gone. ETOH is far more dangerous. Money, the big corporations are waiting with baited breath. E-Cigs? Billions, hashish, high THC cannabis, MORE BILLIONS. Pain management? It’s somewhere there.
Well, most prescribed controlled Rx’s are in a contract specifically for the individual to only go to a single source. This has exceptions of course. But in some cases if you are out of your area, your coverage could be denied. I wonder what type of nomenclature is required for travelling abroad? A letterhead from your people and copies of original scripts?
Wow, they considered 24 miles a considerable distance? That’s nothing here. I filled many scripts from Indy docs or NW IN or Chicago docs because that’s usually where the top specialists were located when I worked retail in my hometown. We’re talking an hour to 2 1/2 trip one way to the specialist, Around here, sometimes not unusal for a patient to follow a good doctor if he relocates within a decent driving distance,