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Drug Topics contributor Steve Ariens is a nonstop crusader for the rights of pharmacists. A cause about which he is equally passionate is the suffering inflicted upon chronic pain patients denied access to the medications upon which they depend and for which they hold legitimate prescriptions. He has warned in the pages of Drug Topics about possible consequences for pharmacists who refuse to fill valid Rxs. Now he offers a page of simple instructions for patients on how to file complaints.
If a patient is denied a medication upon presentation of a valid/on-time prescription for a controlled substance, that patient may be eligible to file an ADA complaint.
If the patient is disabled, as determined by coverage under Social Security, Medicare, or private disability insurance, that patient is covered under the Americans with Disabilities Act (ADA). Many chronic pain patients meet this criterion.
The ADA parallels the Civil Rights Act of 1964. People who are disabled cannot be discriminated against because of their disabilities.
Causes
Legitimate refusal: A pharmacist can refuse to fill a valid/on-time prescription for a controlled substance if doing so would harm the patient, such as when the patient is allergic to the medication, the medication would adversely interact with other medications that the patient is taking, or the prescribed dose is above the recommended dosage, although some specialists can and do prescribed above normal doses for a patient and the practice is perfectly legal. drugtopics.modernmedicine.com...
originally posted by: BELIEVERpriest
originally posted by: NoCorruptionAllowed
a reply to: TinySickTears
This is the result of an idiot pharmacist that has a control freak issue. You are not required to tell them anything at all about your condition or what the diagnosis is. Don't tell them anything. The prescription is the only document or information that they are legally obligated to honor.
This is also the result in part to the DEA fear that all drug suppliers have been exposed to, so in the end you get these retards who think they have the power and authority to play FDA, Doctor, and DEA agent all at the same time.
A pharmacists isn't legally obligated to fill any Rx. They are however legally obligated to abide by state/federal laws, DEA/FDA/EPA regulations, Third Party Audits and Board of Pharmacy regulations. So take that into consideration before you pass judgement.
Legally they are obligated to honor all valid and legitimate prescriptions, no matter what drug is indicated. Since all the brainwashing hoopla about oxycodone started, we began to see more controlling behavior across the entire spectrum of medical care including pharmacies.
So they don't get any slack from me if they act like that, and I have seen a pharmacist get the ax for acting like they are a licensed doctor, and questioning customers way over the top.
originally posted by: misskat1
Your pharmacy should be sued for pain and suffering.
originally posted by: BELIEVERpriest
a reply to: TinySickTears
That specific medication and strength has to be logged in a national database each time its filled. That makes a lot of pharmacists nervous with new patients (due to all the sketchy pain clinics). Therefore it is always up to the Pharmacist on duty as to whether or not to fill the Rx. Its their license on the line.
You can thank the Federal Government and DEA for that. Sorry you have to deal with that, but it all stems from the War on Drugs.