Need refusal to fill laws for Florida *Please help*

[broland]

Hello all,
I'm doing a project for my intership preceptor. I need to know the law that says pharmacists have a right to refuse to fill, or the law that encompasses this statement. I have searched chap. 465 and 893 to no avail. Also looked in the DEA manual. This is not regarding contraceptives, more specifically narcotics. is this some sort of federal law?

Please help, I need to know the exact verbage of the law and/or where I can find it in print & on record.

thanks!

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[ArcSil]

Hello all,
I'm doing a project for my intership preceptor. I need to know the law that says pharmacists have a right to refuse to fill, or the law that encompasses this statement. I have searched chap. 465 and 893 to no avail. Also looked in the DEA manual. This is not regarding contraceptives, more specifically narcotics. is this some sort of federal law?

Please help, I need to know the exact verbage of the law and/or where I can find it in print & on record.

thanks!

I would probably check the references of this SDN article. That being said, I think the more concerning part are the states that require you to fill all scripts you receive (it's disturbing solely in the case of narcotics or sketchy Schedule II's).

It may be just that since there is an absence of a Federal Law that requires you to fill all scripts, then it is inferred that you can refuse as long as there is no state law that requires you to fill it.

However, I'm just a P1, so I would defer to P3's, P4's, and RPh's in regards to this.

 

[broland]

I checked that article and references before this post. Unfortunately the only mention of FL in the references are regarding the moral/conscious clauses regarding religious dilemma (primarily contraceptives).

I have found many articles online stating that FL does have such a law, but I have not been able to find it. It's gotta be somewhere, I'm thinking federal...

 

[pezdispenser]

The Reiss & Hall Guide to Federal Pharmacy Law book has a section "Pharmacist's Obligation to Fill a Prescription". It does not have the reference to the actual law, but it does say the pharmacist may refuse to fill if they believe the drug may cause harm to the patient. This is pretty nonspecific, but it's great because you could argue that any drug can cause harm if misused, especially narcotics.

 

[Old Timer]

This is very simple:

Valid prescription means a prescription that is issued for a legitimate
medical purpose by an individual practitioner licensed by law to administer
and prescribe the drugs concerned and acting in the usual course of the practitioner’s professional practice.

21 CFR Ch. II § 1300.02

That means if Dr. Jones is writing for copious quantities of Oxycontin 80 and Oxycodone 30, the Pharmacist may rightly conclude and there refuse to fill such rxs since they are not for a legitimate medical purpose.

 

[MountainPharmD]

This is very simple:

21 CFR Ch. II § 1300.02

That means if Dr. Jones is writing for copious quantities of Oxycontin 80 and Oxycodone 30, the Pharmacist may rightly conclude and there refuse to fill such rxs since they are not for a legitimate medical purpose.

Oldtimer, I was going to post the same thing yesterday and I thought....no, Oldtimer will be on here to set him straight. Basically I was to lazy to look it up.

To add to what Oldtimer said its called professional judegement. There is no law that specifically covers it. What Oldtimer posted is all you need. As a pharmacist if you do not feel the medication is being prescribed for a legitimate medical purpose than you have the right to use your professional judgement and refuse to fill the prescription. It is as simple as that!

 

[RedStarRx]

Not sure if this is an nj or federal law, but you can refuse to fill if not for legitimate medical purpose, question validity of the rx, or in your professional judgement, think harm will come to the patient