all laws/rules have UNINTENDED CONSEQUENCES

Pharmacy benefit managers target opioid crisis

www.capitolweekly.net/pharmacy-benefit-managers-opioid-crisis/

“One critical step championed by PBMs is requiring electronic prescribing (e-prescribing) of controlled substances in Medicare. E-prescribing of controlled substances helps ensure each prescription is written by a legitimate prescriber and filled by a legitimate pharmacy.”

H.R. 4275: Empowering Pharmacists in the Fight Against Opioid Abuse Act

https://www.congress.gov/bill/115th-congress/house-bill/4275

Summary: This bill requires the Drug Enforcement Administration (DEA) to develop and disseminate training programs and materials on: (1) the circumstances under which a pharmacist may refuse to fill a controlled substance prescription suspected to be fraudulent, forged, or indicative of abuse or diversion; and (2) federal requirements related to such refusal.

 

These two policies or proposed laws could have some unintended consequences for Pharmacists and Boards of Pharmacy. The first from the PBM’s.. they are stating their belief that a e-prescribed (electronically transmitted) Rx would ENSURE that the prescription is written by a legitimate prescriber. So for a Pharmacist to refuse to fill such a prescription would legally be limited to getting a “bad” PMP report on the pt… showing that the pt is a prescriber/pharmacy shopper, drug allergy or drug interaction with other medications that the pt is taking. There could be a possible questions about a high dose, but if a pt has been previously taking a “high dose” without any health consequences.. it is really not something that the pharmacist should question.  Because of the pt’s tolerance after taking a opiate for an extended period of time… there is no way to really determine what would be a “troublesome/lethal” dose.

So a Pharmacist declining to fill a prescriptions because of his/her “feeling” of “I’m not comfortable”.. no real facts… might be something that the Board of Pharmacy (BOP) may be forced to address.. if the pt files a complaint to the BOP. Also if the pharmacist uses the excuse “Don’t have inventory”… all pharmacies have to maintain a PERPETUAL INVENTORY on C-II’s..  and not sure how much it would cost but an attorney could probably get access to that inventory to prove if the pharmacy had sufficient inventory on the specific day/time.

Will the BOP consider taking actions against a pharmacist for lying to a pt resulting in a denial of care and/or would the employer condone or look the other way on lying to pts and denial of care or would they discipline the pharmacist and/or fire him/her ?

Like all other new laws/regulations, they will be defined/clarified thru our courts and legal system.

 

 

 

2 Responses

  1. There are 100’s of legality’s being broken here,,,,but good luck finding a lawyer if u aint got 1 million to hire him/her…Furthermore the people perpetrating this bigotry,this prejudice,this lieful data is ,”our” government soo,,,then what??They have quit the U.N,,,because the U.N called them out on this torture/genocide of the chronically medically ill,,,,But u hit the nail on the head,,,,this has nothing to do w/some bullshit epidemic,,,it has everything to do w/ a prejudice, a bigotry against the MEDICINE opiates and those who take that MEDICINE,,,Just like the 1600 witch hunts,,,or thee prejudice of our blacks,,remember,,,if a black man snorted coke,,they all will rape our white women bullshit,,,,EXACT SAME PREJUDICE ON OUR MEDICINE OPIATES!!!!THE OPIATE KKK LEADER IS A MAN NAMED ANDREW KOLODNY,,,AND SOMEONE REALLY NEEDS TO CONFRONT THIS GUY,,,,FOR HIS PREJUDICIAL HATRED/IGNORANCE,,JUST LIKE THE KKK LEADERS REDORIC,,IS LITERALLY KILLING 1000’S OF MEDICALLY ILL HUMAN BEINGS OVER HIS PREJUDICE,,,jmo,,maryw

  2. I am an ACE at pegging a lie!Not bashful about it ,either.If you acept Jesus Christ as your personal Saviour,then immediately the Holy Spirit takes up residence in your soul.You’ve heard people say,”I had a gut feeling”that is not your intestines,it is the Living God in your heart.The sadly amusing part is when a pharm..tech tells me’not comfortable,dont have this in stock,dont have enough,dont have this milligram,on and on’I look them dead in the eyes and they ALWAYS flush.pupils dialate,wont look at you,I mean,c’mon!A 3yr.old could catch it!Please ,pharms,dont insult our intelligence.Just speak the truth-“I wont fill this cuz I’m prejudiced at narcotics,and I think you’re a bum for using them at all”I still have yet to see a sign in any drugstore that says “We reserve the right….”Arent there some legalities there?

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