DEA & surrogates are trying to throttle the availability of controlled meds to pts
I made the above blog post several days ago. I am hearing from pts claiming that some chain pharmacists are telling them that their wholesaler is no longer selling any control meds.
I know that many states’ pharmacy practice acts requires that a pharmacy stock all the meds that are normally use in the market they operate. I believe that wholesalers are also licensed by the state boards of pharmacy, but not sure if their are provisions within the state Pharmacy practice act that addresses the wholesaler’s operation or there is some separate law covering them.
I understand that some states professional licensing boards considers lying to a pt – unprofessional conduct. I suspect that many Pharmacists are working the – probably correct presumption – that pts don’t know that the Rx dept is required to maintain a perpetual inventory on all C-II’s. A pharmacy board inspector could come into the pharmacy and request the perpetual inventory on a particular med/strength and be able to tell EXACTLY on a certain day/time… what inventory of any particular med/strength the pharmacy had on hand inventory.
I often wonder what kind a response a pt would get from the Pharmacist that just told the pt that “we are out of inventory” and the pt asked that pharmacist if the pharmacy board inspector asked to see or have the particular page faxed to them, out of their perpetual inventory for the particular med/strength that their Rx if for and they just stated they had no inventory. Just what inventory on hand would it show ?
And ask the Pharmacist, do you think that the board of pharmacy might consider lying to a pt – UNPROFESSIONAL CONDUCT ?
I would also ask the Board of Pharmacy to verify if the particular pharmacy’s perpetual C-II inventory showed any inventory on hand for the particular med/strength on the particular date/time that you were told they had no inventory.
If I was a pt, I would look up the state’s pharmacy practice act and see if there is a requirement for inventory a pharmacy must/should carry. You don’t have to read the whole thing, some selective word searches should find some appropriate paragraphs.
Pt might be interested in filing a complaint with pharmacy board. Some states allow people to file complaints with the State Attorney General office, because the AG’s office is basically legal counsel for all licensing agencies in the state. If you can file a complaint with the AG and the Pharmacy Board refused to verify if the pharmacy did in fact out of inventory, then I would file a complaint against the pharmacy board for what appeared to not be concerned – or condones – pharmacists lying to pts.
If both agency ends up blowing smoke up your lower posterior orifice … contact your state Senate and House member. They are the people that passed these laws and the Governor is the one who signed them into law. Ask them, why to you pass laws when those charged with enforcing them, seems to have little interest in doing their job ?
Remember one of the core functions of the practice medicine is starting, changing, stopping a pt’s therapy. A Pharmacist lying to a pt about inventory on hand as the reason they can’t fill your Rx… and basically they are STOPPING YOUR THERAPY.
Filed under: General Problems
I work for one of the Largest Mail Order Pharmacies and when we are out of medication is because there is a shortage of pain medication. I know our Pharmacist will reach out to the doctors to get our patients a different medications or different Dosage, most Doctors do not return the calls and faxes or electronic faxes that they receive. It is a catch 22 all around.
Maybe the CATCH-22 is that you are working for THE LARGEST MAIL ORDER PHAMARCY… that is totally detached from the pt’s community and the physicians in that community, and that a pt is probably being thrown into a cold turkey withdrawal along with dramatic increase in the intensity of their pain. Thank you for clearly explaining why high acuity pts (sickest of the sick ) should not use mail order pharmacies.
Oh, yes, very common in texas chain pharmacies to say “ No we are out of drug”, when patients call looking for pain medications. Geeze Louise , with the pmp program in place, a pharmacist can check a patient’s fill history for controls . I believe it is malpractice to refuse filling a control substance, just because a patient calls to ask of drug is in stock !
Pharmacist are reluctant to let someone calling up to share if they have a particular controlled med in stock… concern of being robbed.
I guess the best solution for patients is to know your pharmacist and cultivate a relationship. I had many pain management customers and was in a medical complex in Houston medical center working for a big chain . Countless times folks would call me looking for post surgical pain meds they could not even fill at their neighborhood pharmacy. Very grateful population of patients who we welcomed to relieve their pain with their valid prescription !
Steve,
Could a situation arise where they actually are out of stock because they have used the required inventory to fill several prescriptions prior to your request?
Yes they could, but IMO, we are entering a new era of why – maybe – pharmacies are out of stock https://www.pharmaciststeve.com/dea-surrogates-are-trying-to-throttle-the-availability-of-controlled-meds-to-pts/ Also, I have heard that CVS – in particular – is controlling all inventory levels and the ordering of all Rx is handled by the pharmacy computer system. let’s assume that CVS HQ decides that they no longer wish to stock/sell Oxycodone 30 mg IR.. probably a few keystrokes from HQ and 10,000 stores, the computer has a ZERO as inventory level to be maintained, when each store sells out of Oxycodone 30 mg IR on hand… no more is ordered and the pharmacist no longer has the ability to order it from the wholesaler. I suspect that the pharmacist can look into the computer database and see what inventory level for a particular med is set at and they have no authority to change it, and they are not going to tell the pt – that the HQ won’t let them order it. If the inventory level to maintain is set at ZERO.. it is basically on “back order” until hell freezes over.
Ron Johnson specifically stated,the dea enforcement has had a definite affect on our ability to get meds I think,,in a letter he sent,,,jmo,,,THE DEA KNOWS EXACTLY what their doing,,,and they are breaking law 42-1395,,,,,,interference into medicine,and care nothing for the torture they have forced upon the medically ill in physical pain,,,,,,jmo,,,maryw
No one is above the law, except those who are in charge of enforcing the laws.. the DEA is part of the DOJ who is the ultimate decision maker of what laws are enforced and which are ignored. I expect that if/when and how many times that the DEA violate laws… the DOJ… doesn’t worry about it
Hi Steve,
I have heard the out of stock line before. As a patient, can I as for a copy of that stock on hand printout? If so, what do I call it?
Thanks for all you do. Love your articles, though most of them make me mad – not at you, but the mess that pain management has become.
no you can’t, because of other pt’s names will on the sheet… HIPAA issue. The fact that you know about it… WILL BE A SHOCK TO THE PHARMACIST… I also doubt if anyone at chain HQ would be of assistance.. most likely all you will get from HQ is “we support our Pharmacists decision” Unless the Pharmacist decides to check inventory again after they find out you know about the perpetual inventory… there is no quick resolution