I have been a “student” of our bureaucracy … politicians… and bureaucrats that actually “runs the system” on a day to day basis…your basic civil servant.
Some of these bureaucrats seemingly get on such a power trip that they will even strike out at Congress.. who holds the purse strings for their operation… when they disagree with members of Congress .. recently a DEA official accused members of Congress of “supporting criminals” https://www.pharmaciststeve.com/?p=6817
It is perfectly legal for law enforcement to lie to you… but.. it is ILLEGAL for you to lie to them..
This week a saw a comment from a chronic pain pt that had contacted AG Pam “fill up the jails” Bondi’s office and was told that the AG COULD NOT FORCE a Pharmacist fill a controlled Rx… what wasn’t said.. that the AG’s office COULD FORCE a pharmacist to NOT FILL A CONTROL RX… at least indirectly…
Everyone is focused on the term in the DEA law “corresponding responsibility”… which… to the best of my knowledge has been in the law since its inception. It would seem that since Pres Obama and AG Holder have come into power that the DEA has taken a new interpretation of these two words.
The DEA has made public statements that they don’t want to interfere with legit pts getting their medically necessary meds… but.. it would seem that the DEA has focused their communications with its registrants (Wholesalers, Pharmacies, Prescribers) on opiates getting into the wrong hands.. and not putting any emphasis on the fact that there is also a corresponding responsibility to get opiates in the RIGHT HANDS.. While the first is ILLEGAL… the latter could fall under irresponsible negligence, unprofessional conduct, failing to meet standard of care and best practices. After all the DEA has stated they don’t want to interfere with legit pts getting their meds. So if Pharmacists are found to be improperly denying legit pts their medically necessary meds… there is “no blood” on the DEA’s hands..
Are Pharmacists being set up to fail ? When all of this starts to hit the fan… will some very bright attorney be able to tear apart the “professional discretion” argument when the Pharmacist cannot document that their decisions were more based on “instincts”, “personal biases”, “gut”, “little voice” while failing to look at the existing pt’s profile and pulling a PMP report among other facts to come to a factual decision to fill or not to fill.
If the Pharmacist has decided to decline to fill the Rx.. isn’t this do to the fact that they consider that there is not appropriate medical necessity by the pt… Doesn’t that make the Rx ILLEGAL and laws are being broken… Why aren’t they filing charges with the local police against the pt and the prescriber.. isn’t that part of corresponding responsibility ?
Filed under: General Problems
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