pharmacy law

[PharmUC]

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I am working in the pharmacy in California. One patient brought in the original bottle to ask for the refill in that bottle. I know that by law we cannot reuse the same bottle to dispense. Can anynone out there tell me which section of the law locates and what is the code for it? The patient wants a copy of the law code. Thank you so much for your help.

 

[no-see-um]

What state is this? There's State law and Federal law, and the stricter rules apply. I do not believe there is a Federal Law to this affect- with regards to packaging, save for the Poison Prevention and Packaging Act which promotes child-proof practices such as safety caps and tamper-resistant packaging. My state has no law to the effect that a patient is allowed to demand a refill in the same bottle that is presented to the pharmacy. There's labelling issues and issues of contamination, as well.

I think that dispensing in a clean bottle from the pharmacy and one that satisfies Poison prevention laws is fine, at least in my state. Never heard of a law that says that prescriptions must be filled in the same bottle the patient presents to the pharmacy. Could you please clarify? If anyone could weigh in with any information regarding such a law- I'm interested in reading on this.

 

[PharmUC]

California

 

[PharmUC]

What state is this? I've never heard of a law that says that prescriptions must be filled in the same bottle the patient presents to the pharmacy. Could you please clarify?
Which i mean is the patient wants in the same bottle but my pharmacist said that we could not do that for her refill. This is in California.

 

[no-see-um]

What state is this? I've never heard of a law that says that prescriptions must be filled in the same bottle the patient presents to the pharmacy. Could you please clarify?
Which i mean is the patient wants in the same bottle but my pharmacist said that we could not do that for her refill. This is in California.

Well, I think there are labelling issues involved, and the pharmacy also has the right to ensure the purity of the product it dispenses. I've seen bottles that have been torn up and caps that have been scratched all over and may even have been subjected to high heats. Also, what's the problem with the patient just pouring the medication into the bottle she wants if she's really so inclined?

What's the compelling reason for this patient to have it filled in this bottle? Is it a magical bottle? 🙂 I'll defer to the California folks to answer this conclusively. 👍

Thanks for posting.

 

[JerryPharmD]

There's one guy that gets an interesting container for his Viagra. We give him the bottle along with a little coin envelope (no bigger than a credit card). He dumps the tablets in the envelope and off he goes.

As for the same bottle, I believe that Federal law requires a new safety lid each time. It'd probably be best to give the patient the new bottle along side the old one, as previously stated. Have them do whatever they want and shred whatever label you need.

 

[PharmUC]

What state is this? There's State law and Federal law, and the stricter rules apply. I do not believe there is a Federal Law to this affect- with regards to packaging, save for the Poison Prevention and Packaging Act which promotes child-proof practices such as safety caps and tamper-resistant packaging. My state has no law to the effect that a patient is allowed to demand a refill in the same bottle that is presented to the pharmacy. There's labelling issues and issues of contamination, as well.

I think that dispensing in a clean bottle from the pharmacy and one that satisfies Poison prevention laws is fine, at least in my state. Never heard of a law that says that prescriptions must be filled in the same bottle the patient presents to the pharmacy. Could you please clarify? If anyone could weigh in with any information regarding such a law- I'm interested in reading on this.

I believe you misread my question. The patient wanted her medication to to be refilled. She brought a previous bottle in ( first refill) and asked to refill her medication in that bottle (second refill). I told her that we could not do that for her because by law we could not reuse the same bottle. She wants more information about the law and asked for a copy of the code of the law.

 

[no-see-um]

There's one guy that gets an interesting container for his Viagra. We give him the bottle along with a little coin envelope (no bigger than a credit card). He dumps the tablets in the envelope and off he goes.

haha,

Wife: "Is that a roll of coins, honey?"

Guy: "Nope, it's my Viagara!"

 

[no-see-um]

I believe you misread my question. The patient wanted her medication to to be refilled. She brought a previous bottle in ( first refill) and asked to refill her medication in that bottle (second refill). I told her that we could not do that for her because by law we could not reuse the same bottle. She wants more information about the law and asked for a copy of the code of the law.

I know, I know. This is the original bottle it was dispensed in and she wants you to refill in that bottle. I thought you were asking if there was a law that says you need to do what this lady requests? I didn't know that you denied her that request! I would have, as well.

Makes more sense. I'd say that that's a pharmacist's judgement call regarding knowledge of pharmacy and intent to dispense a clean product.

 

[PharmUC]

Well, I think there are labelling issues involved, and the pharmacy also has the right to ensure the purity of the product it dispenses. I've seen bottles that have been torn up and caps that have been scratched all over and may even have been subjected to high heats. Also, what's the problem with the patient just pouring the medication into the bottle she wants if she's really so inclined?

What's the compelling reason for this patient to have it filled in this bottle? Is it a magical bottle? 🙂 I'll defer to the California folks to answer this conclusively. 👍

Thanks for posting.

She wants to save the environment and does not want to produce so much waste product for this planet!

 

[PharmUC]

I know, I know. This is the original bottle it was dispensed in and she wants you to refill in that bottle. I thought you were asking if there was a law that says you need to do what this lady requests? I didn't know that you denied her that request! I would have, as well.

Makes more sense. I'd say that that's a pharmacist's judgement call regarding knowledge of pharmacy and intent to dispense a clean product.

She wants the copy of the law? where can I get it?

 

[no-see-um]

She wants to save the environment and does not want to produce so much waste product for this planet!

That's a good reason. Perhaps a recycling program of sorts?

 

[PharmUC]

That's a good reason. Perhaps a recycling program of sorts?

My pharmacist and I are looking for the law regard this topic to prove that what said is corrected. It would be great you can help us looking the law regarding this topic? Thank you so much.

 

[sdn1977]

My pharmacist and I are looking for the law regard this topic to prove that what said is corrected. It would be great you can help us looking the law regarding this topic? Thank you so much.

Sorry - I came to the party late, but I KNOW CA law.

Look at B&P 4076, 4077, 4078 & CA 1717 b (1). Pretty much all of them indicate that each rx fill needs the date of fill & the initials of the tech/pharmacist filling on that particular date. Each date has its own unique composition - it may be the exact same people, but the date changes.

You absolutely cannot reuse medication containers - not in any way shape or form in CA.

That bottle represents the last & final product given to the patient & if it does not represent what you did, it is in violation of the codes above - there may be more....I'm too tired to look them up, but this is enough to satisfy a patient.

In fact, your word should be enough!

 

[no-see-um]

Sorry - I came to the party late, but I KNOW CA law.

Look at B&P 4076, 4077, 4078 & CA 1717 b (1). Pretty much all of them indicate that each rx fill needs the date of fill & the initials of the tech/pharmacist filling on that particular date. Each date has its own unique composition - it may be the exact same people, but the date changes.

You absolutely cannot reuse medication containers - not in any way shape or form in CA.

That bottle represents the last & final product given to the patient & if it does not represent what you did, it is in violation of the codes above - there may be more....I'm too tired to look them up, but this is enough to satisfy a patient.

In fact, your word should be enough!

Definitely more of a state-law thing, and even an interpretation of the law with regards to professional judgement. I totally agree that the pharmacist's word should be enough. It's like going back to McDonalds and saying, 'could you please put my BigMac' in this old wrapper? "I'm sorry, sir, but store policy will not let me do that." We are told to prepare your order using clean items. Who could argue with that?!

Heck, sometimes refills are filled with a different manufacturer and you want to dispense in a clean, unused bottle. I do agree, however, that there should be recycling programs for used bottles, but not in that manner.

 

[sdn1977]

Definitely more of a state-law thing, and even an interpretation of the law with regards to professional judgement. I totally agree that the pharmacist's word should be enough. It's like going back to McDonalds and saying, 'could you please put my BigMac' in this old wrapper? "I'm sorry, sir, but store policy will not let me do that." We are told to prepare your order using clean items. Who could argue with that?!

Heck, sometimes refills are filled with a different manufacturer and you want to dispense in a clean, unused bottle. I do agree, however, that there should be recycling programs for used bottles, but not in that manner.

At both my places of employment, all the HIPAA products are recycled. The paper products go to a company which I believe remakes paper. The vials are sent to a company who takes plastics of all sorts - medication vials, soda bottles, etc and melts them back into plastic & remakes them.

So - in our state, they are reused & who knows, may be remade into vials again for all I know. But, the reuse cannot take place at the retail level for a number of reasons & most have to do with contamination you have no control over.

 

[PharmUC]

Sorry - I came to the party late, but I KNOW CA law.

Look at B&P 4076, 4077, 4078 & CA 1717 b (1). Pretty much all of them indicate that each rx fill needs the date of fill & the initials of the tech/pharmacist filling on that particular date. Each date has its own unique composition - it may be the exact same people, but the date changes.

You absolutely cannot reuse medication containers - not in any way shape or form in CA.

That bottle represents the last & final product given to the patient & if it does not represent what you did, it is in violation of the codes above - there may be more....I'm too tired to look them up, but this is enough to satisfy a patient.

In fact, your word should be enough!

Thank you so much.

 

[sdn1977]

Thank you so much.

You're welcome😀

 

[alwaystired]

What if the label is peeled off and the bottle is in good condtion and you use a new safety lid? Can you reuse the bottle then? Or is the law explicit about a NEW bottle being needed with the new label. [I know a new label is mandatory]

 

[Hels2007]

What if the label is peeled off and the bottle is in good condtion and you use a new safety lid? Can you reuse the bottle then? Or is the law explicit about a NEW bottle being needed with the new label. [I know a new label is mandatory]

I don't know about your state, but in Nebraska you could only reuse glass bottles, never plastic.

 

[sdn1977]

What if the label is peeled off and the bottle is in good condtion and you use a new safety lid? Can you reuse the bottle then? Or is the law explicit about a NEW bottle being needed with the new label. [I know a new label is mandatory]

Can't reuse anything in CA.

Why would you?

This costs less than nothing & your reptuation can be damaged by getting "caught out" reusing bottles. Would you want that? I wouldn't!

This is the cost of doing business & really costs nothing! As for being "green" - its recycled.....just like your beer bottles or cans.

I can't tell you how many IV supplies I've "wasted" doing IVs over the years. It really, really is not worth your reputation or the possible repercussions - just my own opinion, but also is CA state law.

I will admit, I did work for a guy who was tight as a tick many, many years ago & he'd rewash liquid bottles & take labels off rx bottles and reuse them. I was disgusted 30 years ago. My opinion hasn't changed.