“You can’t just refuse to fill a legitimate prescription issued for a legitimate purpose.”

“You can’t just refuse to fill a legitimate prescription issued for a legitimate purpose.

Even with red flags.   How many Rx’s we fill would be argued as legit if we say no ? The bop visiting if you say no! To their law of corresponding responsibility: This from Tony Park. (See 733 in BOP law book)  More good news from professor Park : our white lie? You know : gee sorry we’re out of norco ?  The bop is responding to complaint and citing and fining if pharmacies say we’re out n pt complains to bop.  Bop visits and does a back count.  “

Pharmacists are damned if they do and if they don;t, they have their licenses taken, all because management and corporations will not provide manpower and workplace issues, all due to OBRA 90 laws.

This showed up in my inbox today…it would appear that the California Board of Pharmacy is taking complaints from pts seriously when they are told that the pharmacy “does not have inventory” or lies to pts in some other manner to deny a pt from getting a legit/on time/medically necessary prescription filled.

By Federal law, all pharmacies are required to keep a perpetual physical inventory on all C-II’s. So if a audit is done on a medication to see if a pharmacy did in fact have inventory on hand when the Pharmacist claims that the pharmacy is “out of stock” and declines/refused to fill a valid/on time/medically necessary prescription… it would take only a few minutes to confirm/deny having inventory on hand at the time the pt presented a prescription.


733. Dispensing Prescription Drugs and Devices
(a) A licentiate shall not obstruct a patient in obtaining a prescription drug or
device that has been legally prescribed or ordered for that patient. A violation
of this section constitutes unprofessional conduct by the licentiate and shall subject the licentiate to disciplinary or administrative action by his or her licensing agency.
(b) Notwithstanding any other law, a licentiate shall dispense drugs and
devices, as described in subdivision (a) of Section 4024, pursuant to a lawful order or prescription unless one of the following circumstances exists:
(1) Based solely on the licentiate’s professional training and judgment,
dispensing pursuant to the order or the prescription is contrary to law, or the
licentiate determines that the prescribed drug or device would cause a harmful
drug interaction or would otherwise adversely affect the patient’s medical condition.
(2)  The prescription drug or device is not in stock. If an order, other than an
order described in Section 4019, or prescription cannot be dispensed because
the drug or device is not in stock, the licentiate shall take one of the following
(A) Immediately notify the patient and arrange for the drug or device to be
delivered to the site or directly to the patient in a timely manner.
(B) Promptly transfer the prescription to another pharmacy known to stock the
prescription drug or device that is near enough to the site from which the
prescription or order is transferred, to ensure the patient has
timely access to the drug or device.
(C) Return the prescription to the patient and refer the patient. The licentiate
shall make a reasonable effort to refer the patient to a pharmacy that stocks the
prescription drug or device that is near enough to the referring site to ensure
that the patient has timely access to the drug or device.
(3) The licentiate refuses on ethical, moral, or religious grounds to dispense a
drug or device pursuant to an order or prescription. A licentiate may decline to
dispense a prescription drug or device on this basis only if the licentiate has
previously notified his or her employer, in writing, of the drug or class of drugs
to which he or she objects, and the licentiate’s employer can, without creating
undue hardship, provide a reasonable accommodation of the licentiate’s
objection. The licentiate’s employer shall establish protocols that ensure that
the patient has timely access to the prescribed drug or device despite the licentiate’s refusal to dispense the prescription or order. For purposes of this section, “reasonable accommodation” and “undue hardship” shall have the same meaning as applied to those terms pursuant to subdivision (l) of Section 12940 of the Government Code.
(c) For the purposes of this section, “prescription drug or device” has the same  meaning as the definition in Section 4022.
(d) This section applies to emergency contraception drug therapy and self- administered hormonal contraceptives described in Section 4052.3.191
(e) This section imposes no duty on a licentiate to dispense a drug or device pursuant to a prescription or order without payment for the drug or device, including payment directly by the patient or through a third-party payer accepted by the licentiate or payment of any required copayment by the patient.
(f) The notice to consumers required by Section 4122 shall include a statement
that describes patients’ rights relative to the requirements of this section.


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