What is a ADA violation ?

DEFINITIONS

In 1990 Congress passed the Americans with Disability Act  (ADA) .. intentionally Congress made this law every vague with the intention of it being defined in the court system. As the law has evolved, the scope of people and personal issues/diseases that are covered under the law is quite broad.

This law parallels the Civil Rights Act of 1964.. except it applies to those who are disabled. Violations of the ADA is considered a civil rights violation.

The genesis of a Pharmacist being in the position of violating the ADA is with a Rite Aid Pharmacist refusing to give a HIV+ pt a flu shot. http://www.hivplusmag.com/stigma/2014/02/06/feds-order-rite-aid-pay-fines-after-refusing-give-flu-shot-hiv-positive-customer

This ruling opened up a whole new “can of worms” for Pharmacists.  Pharmacists have always had the rights to decline filling a prescription, typically based on the pt be allergic to the medication, a major drug interaction or inappropriate dose. After Plan B (morning after pill) because available, some Pharmacists objected  because of their “moral compass” that they did not wish to dispense such medications. Legislatures and BOP’s came down on both sides of this issue.

Over the past 3-5 yrs.. the “war on drugs” have shifted to a “war on pts”..  At encouragement of the DEA, all too many Pharmacist have taken the position that they have the “right” to decline to fill a controlled medication if the don’t “feel comfortable” for whatever reason they deem is correct. They will defend the position that they take on their right to use their “professional discretion” in coming to their conclusion. However, all too many Pharmacist’s professional discretion is overly influenced by the personal phobias and biases.

What they don’t know or realize that when they are dealing with a pt covered under ADA, the rules change.. inappropriate denial of legally written/on time/ medically necessary prescription.. is considered discrimination and a civil rights violation under the ADA. It doesn’t matter if the pt is able to get their prescription filled at another pharmacy.. the discrimination violation has been committed… and if a ADA investigator determines after the fact.. that the Pharmacist’s professional discretion was WRONG and a ADA violations has occurred.

You can always take a non-confrontational approach… take the information provided here and have a “talked” with the PIC at the pharmacy you have been or wish to patronize.. Explain the situation of discrimination/civil rights violation that they are causing.  If the RPH, PIC, Permit Holder if fined, they may be charged with unprofessional conduct by the BOP and a fine imposed by the ADA will not be paid for by their professional liability insurance. Also being fined will cause the RPh to violate the company’s policies and procedures.. which can be a dismissible offense.

A pt does not need an attorney to proceed once they have been discriminated against. Here is a DIY sheet on how to proceed http://www.pharmaciststeve.com/wp-content/uploads/2014/03/How-to-file-complaints-if-patient-is-being-denied-having-a-valid4.pdf

20 Responses

  1. Hi Steve! I hope you are still available for advice. I’ve read every single article on Google about ADA violations coupled with denial of a prescription and you are the only resource I came across who made any sense. My question is this: I’m on full disability for anxiety, depression, ADHD, and permanent nerve damage in my leg. Additionally, I was addicted to opiates for 15+ years. Since 2007, I’ve taken Suboxone on and off, various antidepressants, antianxiety (no benzos anymore, THANK GOD), a mood stabilizer, and Ritilin/Adderall (switched back and forth a few times). I have been clean since February 2018. Im also involved in a mental health program (since September 2018), which includes 2 random drug tests a week. I take my sobriety very seriously and am pretty dang proud of myself for once in my life. Anyway, I get my meds at Walgreens and have for at least the last 6-8 years. I get all my meds from one doctor. Ive never had a problem until yesterday. I called to check on my scripts- since September Ive had the same scripts; Adderall, Lexapro, Suboxone, and Lamictal- my last refill was 6/10. Yesterday was 7/9. I was told they weren’t ready because the pharmacist needed to make sure what I was taking is safe. So today I’m out of my meds that I’ve gotten at Walgreens since September, from the same doctor, and at the same time each month. She was not nice about it either and made me feel like I was jonesing for my pills. Is this situation a violation of ADA since I’m on disability and my meds are due today? How should I handle this without getting upset, but instead letting her know how her tone felt like I got punched in the stomach. For real. Even as I’m writing this, my stomach hurts. I appreciate your time!

    • Yes, your are most likely being discriminated against… but the agency that enforces ADA is under the DOJ… just like the DEA is… ACLU has told many that they don’t have “funding ” to take action. Walgreen’s corporate seemingly to care less if their pharmacists don’t fill controlled Rxs.. so it is unlikely that they even attempt to intervene. likewise the state board of pharmacy will probably tell you that they can’t force a pharmacist to fill a prescription. The quickest way to get your medication is to find a independent pharmacy .. here is a website to help you locate one by zip code http://www.ncpanet.org/home/find-your-local-pharmacy there you will be dealing with the pharmacist/owner who unlike the chain pharmacist, doesn’t get the same paycheck every two weeks regards if they turn away legit pts. It is a very rare situation where pt who take my advice – take all their Rxs to a independent – get back with me and tell me that things are as bad or worse.

  2. ADA. not take complaints on refusal to fill legal prescriptions. if the govt wants to war on sick people we are going to have give it to them.

  3. My pharmacy was told by their DC office to quit filling Vicodin. So I lost a great team of women pharmacists who supported and helped me for 6 years. My new pharmacy questions every new written script by my doctor. He has to call and say yes, I wrote it, I know what it is for, and what is the problem with a very documented chronic pain patient getting the proper medication. Plus I am backed up by a pain addiction specialist that says all my medications are fine. I see him twice a year to help my internist withstand the scrutiny. I am so fed up with all of this.

  4. What if you have filed a complaint on a doctor or nurse at a pain specialist clinic and the doctor or nurse that you had complained about mistreating you still came in to treat you after you were seen by another doctor in that same office, does that doctor (that you complained about) have the right to come in and discharge you from that facility and write untrue statements about you to the point where no one is willing to see you to be treated for your illness? If so, then what can be done so the patient can be put back on their meds and continue doing daily chores as usual?

  5. First of all, I am not an attorney. however I have completed many courses in college preparing for a pre-law degree. I also have subscribed to many of the online case law websites and use them very frequently. If it is true that refusal to fill any prescription violates provisions of the ADA act then I do not understand why it would not be possible to file a civil brief containing all of the correct statutory regulations and then file an accompanying Writ of Mandamus as the requested remedy. If a judge ruled in favor of this brief then the Mandamus could be issued requiring the pharmacy in question to fill these prescriptions in all cases as long as the prescriptions complied with the state Pharmacy board edicts. Again, since I am not an attorney I hope one of the attorneys reading this post would care to comment on this subject. I would also like to know if these types of cases involving federal laws, administrative directives, state laws and contracts with these agencies allow for private recourse. If so, in my opinion, then those persons affected by such laws and contracts should be able to proceed with such actions and fprce compliance. Anyone else who can answer my questions would be welcome. Thank You.

  6. Steve, I thank you for creating this site. It has great information that I wasn’t aware a patient has in this situation. I’ll be doing a lot of reading. Thank you for caring, & giving us a voice.

  7. I called CMS about an in-network pharmacy refusing to fill my schedule II Rx because I did not use the one out of seven pharmacies of a medical center I have been a patient of since 2009. The one I was ‘assigned to fill at’ was ‘out’ of stock..CMS asked if I had notified the Part D insurance carrier. I told them that I had BUT that the insurance company rep continually tried to make up excuses for the pharmacist for every example or detail I gave her. After a lengthy conversation she told me that I could write in if I wished to make a complaint.
    I quoted her the information from BC/BS evidence of coverage (section to make a complaint/grievance) that a member could call OR write and told her I had been ATTEMPTING to make a complaint for the last 15 min about insurance fraud (explained i was NOT receiving services paid for in my premium and guaranteed in their formulary book (that ALL Rx meds listed could be filled at ANY in network pharmacy) and discrimination due to my disability caused by two systemic autoimmune diseases (and incurable) that caused chronic pain.
    I said it was discrimination under ADA if BC/BS could fill my non controlled meds then turn away my schedule II meds.. As soon as I shared these bits of info she went to ‘look for’ a supervisor. The supervisor came on after about 10 min of lovely music and tried to ask me what the problem was?!?!?! After the re-hash I was told that a complaint would be filed and investigated.. I was not very confident that my phone call was taken seriously despite receiving a letter confirming my grievance about 1 wk later.

    I was under the impression that CMS would investigate an ‘incident’ of fraud, discrimination, or other violations of regulations applied to Part D prescription benefits program. Why must I wait to see what insurance company will do about it? A violation occurred regardless of who I have told. I seek to have this violation heard by CMS, the offending Medical Center, DOJ, BC/BS, FL BOP, the Jacksonville news media, and any other entity who will give me the time of day.

    The only problem I see is that the ADA violation complaint is sent in to the DOJ.
    The DEA is under the DOJ. SO why would they prosecute/investigate issues resulting from policies and ‘unwritten rules’ advanced by the DEA who they clearly have given the green light to advance these discriminating policies and ‘unwritten rules’ against disabled citizens?It looks to me like a big circle jerk IMO. Medicare/CMS? Again FED against FED. In case you are in the dark and think a complaint to CMS is going to do anything consider reading the piece below.
    If you obtain a long acting opioid and a BT med you are in the top 5% of opioid users avg 23 Rx per yr and are considered an abuser. Dont believe me? Take a gander for yourself. Medicare/CMS is looking to tighten the screws to opiate users as well: (I fear all this complaining is merely going to single me/us out for increased persecution and lead to being totally cut off from pain relief BUT since this looks inevitable I will push ahead.)

    Title: Potential Policy Fixes to Curb Medicare Part D Opioid Abuse
    Published on: October 22, 2014 from: http://www.hematology.org/Advocacy/Policy-News/2014/3300.aspx

    Medicare Payment Advisory Commission (MedPAC) is an advisory body to Congress……minus hospice and cancer patients the total number of patients prescribed opiates (counted are those who filled even just one Rx) equals roughly 10 million. Here are their findings on the 10 million opioid ‘users’ and the red flags used to identify opiate abusers. START-

    “The top 5% of opioid users account for 69% ($1.9 billion) of total spending on opioids. Users in this percentile, on average, fill twenty-three opioid prescriptions per year at a direct cost of $3,716 per person. 29% receive prescriptions from four or more prescribers, and 31% fill prescriptions at THREE or more pharmacies.

    Under authority granted by Section 6405 of the Affordable Care Act, the Center for Medicare and Medicare Services (CMS) has enacted changes that will go into effect on June 1, 2015. Physicians prescribing opioids to Part D beneficiaries will now have to be enrolled in Medicare, PRESCRIPTIONS ORDERED BY UNAUTHORIZED PHYSICIANS WILL BE DENIED, and Medicare enrollment will be revoked for abusive prescribing. CMS is also working to develop a tool that will monitor abuse by both prescribers and pharmacies.

    MedPAC discussed a policy proposal to utilize “lock-ins” for the distribution of opioids. A lock-in limits the number of prescribers or pharmacies that can issue a medication, and it can be utilized in many different ways. At-risk patients could be locked-in to single prescribers, or a single pharmacy could be locked-in to distribute all opioids within a geographic area (e.g., a state).

    While these policies might prevent opioid abuse, they could burden physicians and patients by limiting access to pharmacies for legitimate opioid use. Findings regarding the effectiveness of the coming 2015 changes will be analyzed by CMS and may be reviewed by MedPAC in fall 2015. Additional measures, such as lock-ins, will be considered after that time.” END

    How about them apples? Pharmacy crawling could single you out for being designated ONE pharmacy to fill all your Rx at. Simple solution huh? Assign the solution (using only one pharmacy) to the situation that is causing the problem in the first place, that no ONE pharmacy can guarantee you your monthly Rx allotment. (only a govt bureaucracy could come up with as fine of a solution as this one!)
    Having your PM doctor allow your surgeon to write your post surgery pain meds (2 surgeons this yr for me) could put you over the limit for singling out as well. AND lets not forget many of us can be marked as the top 5% for Rx if fortunate enough to receive an analgesic for BT pain w/ an extended release opioid.
    (23 narcotic prescriptions per year?funny coincidence or sly move? Whichever, that figure equals one less Rx than what someone in a LEGIT PM clinc would receive in a year’s time).

    I feel like I am a rat in a maze that has no exit. I will continue to file my complaints and advocate but I dont see this thing getting any better when the only one to sic on the Fed govt is the Fed govt.

    Please, IF ANYONE HAS GOTTEN ANY SATISFACTION FROM THEIR FORAYS INTO THIS GRIEVANCE PROCESS W/ THESE CRIMINAL ENTITIES PLEASE SHARE THIS WITH US. A sliver of encouragement could go a LONG way.

    I felt my patient records were enough to satisfy anyone who should doubt I was in chronic pain, i was wrong-

    Of interest.
    *I have referrals to pain management AND 2 FIRM DIAGNOSIS of systemic autoimmune disease(s) (both incurable and disabling). They are from two of the top hospitals in the country, Johns Hopkins University Hospital and Baptist Medical Center. These have not been enough for the pill jockeys or the director of pharmacy @ BMC DESPITE THEIR HOSPITAL being responsible for filling out my SSDI disability claims AND diagnosing me w/ incurable lupus ‘overlap’/MCTD.!!!!!!
    This disease is proven by positive ANA and anti-U1-RNP antibodies, inflammatory markers (highest ESR=72!), anemia, tachycardia, gastroparesis, spondylosis,peripheral neuropathy, respiratory arrest (2000), constant infections, hypothyroid, VITD/calcium dysregulation just for starters, of this there is no dispute. Systemic sarcoidosis as Dx by mediastinal biopsy (JH Sarcoidosis Clinic) also indisputable. [The MCTD is quite a lovely combination of symptoms not only of lupus, but polymyositis and scleroderma]
    Two incurable systemic disease states in which symptom management is the only option (no cure). If ones own immune system destroying its own body at the cellular level,involving a majority of the body’s systems, is not painful enough to warrant a modest opioid regimen (no UDT fails, no ‘lost’ Rx, not one missed appt in 4 yrs, or request for dose increase) I am unsure who or what disease/injuries would qualify. Despite my chronic daily pain, I am sure that there are others out there that endure much more pain than I do, I sincerely feel empathy for them, especially those newly diagnosed who find that PM docs and pharmacies are not taking new patients and their primary care doctor is too chicken shit and/or lazy to write them an Rx or a pharmacy willing to fill it.

    These devil NARCOTICS are only one of the half dozen pain management therapies I ‘enjoy’ including occipital nerve blocks, joint injects (L/R shoulders), synovial fluid replacement w/Euflexxa-knee), TENS, diet, adjuvant meds and counseling) Oh yeah, I ask for these and would do more if possible, they are not forced on me to get pills, w/out these and the wonderful world of corticosteroids
    I would have checked out of this losing game a long time ago) .
    Support groups say accept a ‘new normal’. I could and have done this but it is getting very hard when adjustments and expectations continue to decline along with increased pain, nausea, fatigue, system failure, repeated infections (bronchitis since August) and side effects from the other dozen meds I take besides those for pain.

    If you cannot tell, I am a little pissed off and discouraged at the present time but thank you for indulging me and my exercise in cathartic ranting.

    A baying coonhound,

    • CMS and other agencies still have to report/deal with Congress.. Once Congress gets into next session in Jan.. start contacting them.. IMO.. This administration has been very myopic in what it considers discrimination.. Nothing may be capable of change until 2017.

      • Section 1.2-Rules for BC/BS Part D Drug Coverage (from Evidence of Coverage booklet).
        1-Must have a provider write your prescription.
        2-must use a network pharmacy to fill Rx
        3-Drug must be on plans formulary
        4-Drug must be used for a medically accepted indication (either approved by FDA or supported by certain reference books)

        Section 2.1-To Have Your Prescription Covered Use a Network Pharmacy

        A network pharmacy is a pharmacy that has a CONTRACT with the plan to provide your covered prescription drugs. The term “covered drugs” means ALL of the Part D prescription drugs that are covered on the plan’s Drug List. [end]

        Even W/OUT an ADA discrimination violation, failing to provide these requirements of the insurance company for the plan’s in-network participating pharmacies should constitute FRAUD. I am PAYING (Part D premium) for a service that is guaranteed (supposedly) by rules and regulations set forth IN WRITING. My Rx is in no way shape or form outside of these guidelines. So WTHell is the problem?

        When director of pharmacy spoke w/ me she apologized but said they just weren’t receiving enough medication. I told her that she could either stand up for her patients (a non profit medical system supposedly serving the community and focused on INCREASED ACCESS so much so that their pharmacies are OPEN TO THE PUBLIC and policy stated in their 4 Pillars of Excellence!!) that have been long standing patients of the medical center over ‘walk ins’ she said they were trying to do that now.

        Straight from their website and posted @ Hospital.
        http://www.baptistjax.com/about-us

        Founded in 1955, Baptist Health serves families throughout the region with high-quality, comprehensive care for every stage of life. Our health system is distinguished by four key pillars:
        Faith-based
        Our healing ministry focuses on the whole person – physically, mentally and spiritually.
        Mission-driven
        We are called to improve lives within the community, by providing excellent care for people whose lives have been interrupted by illness or injury, and by promoting health and wellness.
        Community-focused
        We exist for one reason: to serve the health care needs of people in Northeast Florida and Southeast Georgia.
        Locally governed
        Baptist Health is a not-for-profit organization owned by the community – not by shareholders. We are guided by a volunteer board of more than 85 engaged community leaders.Currently ranked as the “most preferred” health care provider in the Jacksonville area, Baptist Health is deeply honored to serve the community through a growing circle of care that includes five nationally accredited hospitals (including the region’s only children’s hospital) plus more than 200 primary care and specialty physician practices, children’s specialty clinics, home health care, behavioral health, occupational health, pharmacies, rehabilitation services and urgent care.

        I debunked her PICs explanation that the DEA was limiting orders that only the distributor was making the limitations and she should address this issue or at least stop lying to patients. Because I used the main hospital pharmacy which is better stocked over the one ‘assigned to me’ (before I was assigned you could go to either) there are patients who are ‘ahead’ of me that aren’t even patients of the medical center !!!!! No written policy has ever been shown to me.
        I have been repeatedly directed to the Pharmacy despite asking Patient Services that I wished to speak w/ someone OUTSIDE of pharmacy. The patient ‘advocate’ told me that the director of pharmacy told her she would ‘deal w/ it’ and that they had spoken w/ me on more than one occasion. Since this was a call I placed 2wks after the incident I am guessing that dealing w/ it meant ignoring me as I was when I was ‘assigned’ /limited to use of one pharmacy of their 7. I only reached the head of pharmacy by deception as none of my calls were ever returned!! I was ‘awarded’ the right to fill at the secondary pharmacy almost as a favor almost because technically I was a NEW PATIENT there (despite being a patient of the medical center since Oct 2009!) as the pharmacies operated ‘independent of each other’. But if they were out, good luck. One would figure they would make an exception once or twice a year if the assigned pharmacy was out of stock but NO they just turn you away and leave you to your own devices. That a major medical center is treating its long time disabled patients in such a manner is so mind boggling and beyond the pale that I can hardly believe it, and its happening to ME!!!

        Despite these obstacles and hoops I have been very fortunate in comparison w/ many other disabled citizens who have been forced into w/drawal when unable to find a pharmacy to fill their Rx. I have a long standing relationship w/ a pharmacy in GA who has agreed to fill my schedule II meds if I cannot get them @ the hospital. Since the management and ownership have changed since this time, they DID accomodate me after this recent snafu, I am just waiting for the other shoe to drop. Being disabled and a patient of a major medical center notwithstanding, GA pharmacies are NOT fond of filling any scheduled meds from FL let alone a schedule II Rx. First question they ask is why not fill at the hospital where you obtained it?
        Seems logical enough no? And possible too IF I wanted to drive an hour and a half one way (on day 34 of a 30 day Rx) in hopes that the delivery came in as they will not tell you over the phone.

        It doesn’t help that the public’s first thought when they hear pain management is pill mills, rogue doctors filling oxycodone for stubbed toes, and drug addicted ‘patients’ ready to rob, steal, and murder to get their fix. AND w/ PCPs unwilling to tackle the mounds of paperwork and govt scrutiny now needed they are turning away patients. Mainstream media MUST BE CONTROLLED BY THE GOVT just as in Nazi Germany. How else can it be that not one investigative journalist/reporter for a major network has asked the ONE simple question.

        HOW WERE PHARMACIES SUPPOSED TO KNOW RX FROM PILL MILLS SO MUCH SO THAT THEY WERE FINED MILLIONS WHEN THE DEA (who’s license they were prescribing them under) stood by and did nothing to prevent these pills from reaching the street? FOR YEARS!

        This whole destruction of the medical system was planned out in fine detail. The issues w/ pain management are just one area of the Federal Government’s assault on liberty. Between terrorism, the drug war, and immigration we are being systematically stripped of our constitutional rights and liberties EVERY DAY. The Bill of Rights isn’t going to be worth the paper it was printed on and will be obsolete in 10 yrs as we transition from a free country to a corporatist fascist empire. This fact is painfully obvious today w/ the help of the internet. Unlike the 70s and 80s Iran-Contra, invasion of Cambodia, CIA assassinations, and Watergate debacles THEY KNOW THAT WE KNOW AND STILL DO IT!!!! Why? Citizen apathy.

        The two political parties want citizens to focus on the differences they have while they both strive to allocate as much power to the Federal Govt as they can despite constitutional guarantees meant to stop it. They break the laws and put the ball in the state or citizens court and make it their job to stop them, knowing that most don’t have the resources to do so. Case in point, Steve’s excellent video on how doctors are entrapped and their assets seized in order that they cannot put forth a defense against their obscene charges.
        I have followed Dr Salerian’s case for some time now. The fact that they can throw a man of his credentials (top FBI psychologist) under the bus and commit him for psychiatric evaluation has to have drawn EVERY DOCTORS ATTENTION in the country. More revealing was the woman PCP from Podunk Washington, that the long arm of the law is watching EVERYONE AND CAN PROSECUTE ANYONE AT ANY TIME. Patients be damned, they are just addicts.

        That disabled patients are addicts? The seed has already been planted w/ media saturation. It will be PROVEN as patients go to any lengths to secure some relief when the faucet is finally shut off and we are transported back in time to before pain became the 5th vital sign and opiates for compassionate care of legitimate patients is denied across the board. Then the real fun begins, a REAL epidemic of suicides will emerge, and black market drugs will suddenly be available at every street corner (possibly from all the ‘out of date’ and unneeded meds turned in w/ ‘take back’ programs across the country). Why else would the DEA only want SCHEDULED MEDS? Non-controlled meds can be just as dangerous but they make it clear these are NOT to be turned in. Public safety? My a**.

        An interesting tidbit about Rx drugs that many people don’t know.
        They can be effective and active ingredients w/in therapeutic amounts even after 40 yrs! You are only padding the insurance industry’s pockets and Big Pharma when you throw away or ‘turn in’ your ‘out of date’ Rx. Check it out:

        http://www.pharmacytimes.com/news/Some-Medications-Last-Long-Past-Expiratio n-Date

        “Analysis of a cache of decades-old prescription medications discovered in a retail pharmacy has revealed that the potency of most of their ingredients was undiminished even though their expiration dates had passed…….” [28-40 YEARS]!

        buckle up kids,

        Coonhound(ed)

  8. What about the doctors ? If I have a verifiable disability that was treated with narcotics for a long time in the past, and my doctor has left the area, are other doctors legally obligated to continue the narcotic treatments ? In New York, they say they want only Pain Management doctors to write narcotics. And it’s the Pain Management doctors that are refusing to write them. Do we have any recourse when a doctor refuses to treat a patient’s pain ? Especially, in the situation where other doctors have successfully treated that patient in the past with narcotics ?

    • Liz, I will be in this exact position, in NY, and Im wondering if youve ever discovered an answer?? Thanks in advance.

      • Liz & Renah – I am in this same position, I have several verifiable illnesses and was successfully being treated with narcotics for 10 years. When my doctor retired, no new doctors, including pain management would continue his treatment. I was not given any alternative successful pain treatment and have been left bedridden in excruciating pain. I cannot find any place where the ADA will help us.

  9. Hmmm, I think just being able to get your wheelchair into the pharmacy is needed. No access to the place may be a violation. I recall a epileptic awarded millions as he upset some of those unaware a epilepic is able to work quite well as a technician. We don’t like to allow those less than the minimum amount of socially redeeming qualities to be in a position of trust or even much of any type of position that could be filled with a “more capable” individual.

  10. So nice to see a quote from the DEA. They have some input according to the governor of Tennessee. Would be nice to know what they are responsible for ,what the government is responsible for and the blame game could be stopped.

  11. Hi Steve, I am wondering how I would go about this.. It wasn’t the pharmacist who denied me the medications. It was the store. I was using Sweet bay grocery store pharmacy, that was bought out by Winn Dixie when this occurred in May. So the new store did this. The pharmacist said the store bounced back my prescriptions and that it may be another week before I would get the medicine. They claimed it was a high dose she said. It wasn’t and was not any bt med involved either. So do I file this complaint against store? or the pharmacist? I plan to fill out this complaint tomorrow and get it in the mail on Monday.

    • Donna..

      “the store” is not licensed to practice pharmacy.. so if they are making decisions that are under the purview of a pharmacist/practicing pharmacy… then that is one complaint… that would be the BOP complaint… The store is license by the state to operate a pharmacy… but they need a PIC in place, registered with the BOP for prescriptions to be legally dispensed. IMO.. anyone/entity that interferes with you getting your medication is at risk of violating the ADA. That could be the permit holder (store), the PIC and whatever executive or committee that is making that decision.

      It is illegal for a prescriber to prescribe medication without a in-person exam of the pt.. and IMO… someone limiting the amount of medication that a pt can get is “prescribing” and that is either ILLEGAL and/or if they are not a prescriber.. is practicing medicine without a license. The AMA as already came out and warned Pharmacists about their interference with the prescriber.
      This is a excerpt from the AMA website http://www.ama-assn.org/ams/pub/amawire/2013-june-19/2013-june-19.shtml

      Issued a warning against “inappropriate inquiries” from pharmacies to verify the medical rationale behind prescriptions and diagnoses, calling them an unwarranted interference with the practice of medicine.

      If they throw out some “DEA guidelines” that they are following here is a quote
      The U.S. Drug Enforcement Administration is not trying to limit or ration access to opioid painkillers, according to a DEA spokesman who says “nothing should stand in the way” of a patient getting a legitimate prescription for pain medication filled.

      “We’re not doctors. We’re regulators and enforcers of the law. If something is prescribed for a legitimate medical purpose, we’re certainly not going to get in the way,” said DEA spokesman Rusty Payne.

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