NYS controlled substance pick up law

[MARX22]

hey guys,

So it looks like NY has this rule- “a pharmacy shall make good faith effort to verify the identity of any person accepting delivery of a dispensed prescription for a controlled substance by requiring such person, if unknown to the pharmacy, to present appropriate identification.”

What is considered appropriate? Medicaid card with photo and dob is ok, or does it have to be state or federal and UNexpired? Do you log this info somewhere? And what’s the definition of “known to the pharmacy”? If the tech recognizes the perosn at pick up, is that knowing them or are you expected to know their full name dob etc? We can be friendly with our patients or the relatives who pick up but we wont know all their details. It’s so broad and unclear.

There’s nothing about a minimum age either so if you have a teen or kid on let’s say adhd meds, can they pick up for themselves or do you need someone 18+?

I think CVS prompts you at the register to enter info, what about other chains? Independents I guess you could set the controls aside?

Also, if you need to counsel and it’s someone else picking up, do u just tell them whatever? How does HIPAA come in? People sue over everything but if they dont want us to discuss the meds with that person, they shouldnt send them in.

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[BidingMyTime]

Well, in IL where counseling is now required, it requires we counsel whoever comes in to pick up the prescription. I would say the person has waived their HIPAA by sending someone else in to pick up their prescription (not like the person couldn't read the information leaflet on their own to find out about the other's persons medicine, even if we didn't counsel.)

The other stuff, hopefully someone from NY will clarify what is best practices under NY law.

 

[MARX22]

That’s very true! Aside from counseling on the drug being given that day, if u need to counsel on that drug interacting with any other drug they’re on but that is not dispensed that day, would you? I think you should still be able to since the patient sent that person. However, patient may argue that “I didn’t know you’d discuss my other meds”

Well, in IL where counseling is now required, it requires we counsel whoever comes in to pick up the prescription. I would say the person has waived their HIPAA by sending someone else in to pick up their prescription (not like the person couldn't read the information leaflet on their own to find out about the other's persons medicine, even if we didn't counsel.)

The other stuff, hopefully someone from NY will clarify what is best practices under NY law.

 

[BidingMyTime]

That’s very true! Aside from counseling on the drug being given that day, if u need to counsel on that drug interacting with any other drug they’re on but that is not dispensed that day, would you? I think you should still be able to since the patient sent that person. However, patient may argue that “I didn’t know you’d discuss my other meds”

Well, ignorance of the law is no excuse. In IL, retail pharmacies are required to display a sign on mandatory counseling, so theoretically people should no.

Practice-wise, I only discuss specific interactions, if it is a serious interaction that might require follow-up (ie if they are on warfarin by 1 doctor and were starting something like levofloxacin that increases pro-time by another doctor, I would make they understood that they need to follow-up with the doctor who prescribes their warfarin.) If it were something like the patient is on several drugs that can cause drowsiness, I would just mention that the new drug can cause drowsiness, and that the drowsiness could be additive to any other drugs they take that cause drowsiness (no need to mention specific ones.) Overall, remember the more you tell people, the less likely they will remember any of it, so keep counseling short and to the most important points.

 

[MARX22]

Valid points. Thank you very much 🙂

Well, ignorance of the law is no excuse. In IL, retail pharmacies are required to display a sign on mandatory counseling, so theoretically people should no.

Practice-wise, I only discuss specific interactions, if it is a serious interaction that might require follow-up (ie if they are on warfarin by 1 doctor and were starting something like levofloxacin that increases pro-time by another doctor, I would make they understood that they need to follow-up with the doctor who prescribes their warfarin.) If it were something like the patient is on several drugs that can cause drowsiness, I would just mention that the new drug can cause drowsiness, and that the drowsiness could be additive to any other drugs they take that cause drowsiness (no need to mention specific ones.) Overall, remember the more you tell people, the less likely they will remember any of it, so keep counseling short and to the most important points.