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DavidEH
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Pharmacy Authority Question?
« on: Sep 18th, 2006, 11:42pm » |
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Does a pharmacist have the ability to overstep a prescription refill?
This past friday I was refused a refill, despite a prescription from my Neuru, on authority by the pharmacist.
Due to this I was forced to go to the ER and have a IV drip of Depakote and MAgnesium, and had been without any abortives for 4 days.
Today, after my neuru's appointment, I called my insurance company to find out if I had a limit on how many pills I could get (maybe that was it), but due to my coverage I could basically get as many as prescribed.
So Insurance was not the problem, neither was the refill date (waiting the day limit between fills)... It was the pharmacist.
After a call to the main headquaters.
I received a call back from a rep.. They agreed that there was wrong doing, and pleaded with me not to lose my business (I have since changed pharmacy's and had the script filled). They said they would be having an investigation into the matter and even offered gift certificates to compensate for my inconvenience...
An Er visit (IV drip and my Arm is all black and blue), and numerous days without abortives for clusters and inconvenience hahaha...
So what authority does a pharmacy have over Doctors and Insurance Companies?
I am thinking of legal action, but not yet, don't know my rights, or the authority of a pharmacist.
Too bad for them.... Any one have any advice? Should I just take the gift certificates?
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| « Last Edit: Sep 18th, 2006, 11:43pm by DavidEH » |
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unsolved1
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Re: Pharmacy Authority Question?
« Reply #1 on: Sep 18th, 2006, 11:48pm » |
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He has all the authority he needs not to fill a script if he believes it's wrong, fake, too old, dangerous, etc and has the right to contact the doctor.
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DavidEH
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Re: Pharmacy Authority Question?
« Reply #2 on: Sep 18th, 2006, 11:50pm » |
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But the nurse (neuru's) was calling it in.
Thing was she didn't push it, and the Neuru just pushed for me to go to the ER..
Still Pharmacy is at fault I feel. . It's a major chain (and I feel for others who deal with such not a very nice person behavior)..
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| « Last Edit: Sep 19th, 2006, 12:31am by DavidEH » |
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cootie
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Re: Pharmacy Authority Question?
« Reply #3 on: Sep 19th, 2006, 12:51am » |
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What were his grounds for refuseal ? I beleive also he does have the rite to refuse refills whatever but he needs a dam valid reason and 'give it' rite ? Did he maybe not beleive it was the doctors office callin or whatever ? Not sure what the med was either.....power over pleasure Pam
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wobbie64
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Re: Pharmacy Authority Question?
« Reply #4 on: Sep 19th, 2006, 12:59am » |
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In Ohio, A pharmacist has the right to refuse to fill any script he/she feels is wrong. Be it morally, legally, whatever, they HAVE that right. I managed a REVCO Drug Store for 2 yrs then CVS (bought out) for another 3. Its rare, but there is no legal recourse you have against them. You do have a Customer Satisfaction problem though..... Chains HATE unhappy customers, ESPECIALLY PHARMACY CUSTOMERS!!! Call the district Pharmacy manager, tell them what happened, be firm, threaten to take your business to the stores biggest competitor..whomever that may be.... then take whatever coupons they throw your way...thats the best you can hope for........hope that helps.........
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TxBasslady
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Re: Pharmacy Authority Question?
« Reply #5 on: Sep 19th, 2006, 1:11am » |
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Quite interesting...something I've not heard of before.
Jean
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unsolved1
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Re: Pharmacy Authority Question?
« Reply #6 on: Sep 19th, 2006, 3:42am » |
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So can we ask ??? what med was refused and what was their reason that they gave you for refusing it?
"Inquiring minds want to know"
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cootie
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Re: Pharmacy Authority Question?
« Reply #7 on: Sep 19th, 2006, 1:30pm » |
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Dam.....that's the question I was hopein to get answer'd......nosey minds wanna know Pam 
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DavidEH
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Re: Pharmacy Authority Question?
« Reply #8 on: Sep 19th, 2006, 3:33pm » |
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The med that was refused was Relpax.
The grounds of the refusal was that it was refilled several times, and I was not allowed to have it refilled.
The pharmacist assumed that I was not allowed the refill.. Without checking my insurance..
My insurance covered it. Thus in a sense, it is business malpractice, the drugest assumed my coverage only allowed 12 pills a month, did not check and refused to fill.
I was then told to go to the ER. And was not able to fill a script, that a nurse was calling in, I was not going in to fill it mind you.. The drugest, just was so sure, that he refused..
I've sense called the company head quarters. They are located in my home state... They are performing an investagation supposedly.. I just found it funny that they offered gift certs and asked me to stay as a customer...
I am still researching law into the matter. I know there must be some law broken, in this matter. It involved the Doctor's office actually calling the pharmacist, them saying no, and me being forced alot of pain, no meds, and a ER visit to boot.
This past weekend I felt as if I was being accused of being a drug addict, this wasn't the first time I've had this happen with this pharmacy, the other time involved Imetrex nasal sprays...
I think I need to look for a lawyer...
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| « Last Edit: Sep 27th, 2006, 8:37pm by DavidEH » |
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Karla
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Re: Pharmacy Authority Question?
« Reply #9 on: Sep 19th, 2006, 3:57pm » |
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I had a perscription for as much imitrex as needed. I went to my pharmacy for my second second box of imitrex on Thurs (first on Mon). She looked at me and said she would not refill it because because there was obviously a problem! She explained it was obvious it was not working for me as it should otherwise I shouldn't need it so much so frequently. I explained to her that I suffered from 8 ha/day. Lasting 2 hrs each. Thus she was lucky I was not going through a box a day. Still she refused to refill it. I said, "Get my dr on the phone now!" This will be filled. My dr shewed her out and I got my script!
Good luck with your situation.
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Karla
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DavidEH
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Re: Pharmacy Authority Question?
« Reply #10 on: Sep 19th, 2006, 5:26pm » |
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This is exactly what I am talking about. It is poor business practice.
Not really a Doc problem, nor a Insurance problem. But a Pharmacist problem..
I mean I can see their point, but if a Doc okays it, move away, and just fill the script, call the Docs office. I've worked in a Neuru's office before.
It's a simple phone call, to okay a script...
Simple ignorance...
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| « Last Edit: Sep 19th, 2006, 5:29pm by DavidEH » |
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chewy
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Re: Pharmacy Authority Question?
« Reply #11 on: Sep 19th, 2006, 6:07pm » |
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Quote:| She explained it was obvious it was not working for me as it should otherwise I shouldn't need it so much so frequently. |
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I would have asked her to point out exactly where her MD degree was hanging on the pharmacy wall.
A pharmacy should at least contact the Doctor on the script if it is questionable for any reason. I'll bet you that the home office follow up will determine only that there was not enough follow through to be providing due diligence.
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no-one
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Re: Pharmacy Authority Question?
« Reply #12 on: Sep 19th, 2006, 6:35pm » |
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DavidEH
unfourtunately I have had the same thing happen a few times to me also, they do have the right not to accept a RX it doesn't seem right. But the responsablty falls on them if something goes wrong.
PF wishes
b
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BruceJ
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Re: Pharmacy Authority Question?
« Reply #13 on: Sep 19th, 2006, 7:26pm » |
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 I was just refused my imitrex refill by a pharmacist who didn't even understand the difference between clusters and migraines on the basis that a.) imitrex is supposed to be prescribed for migraines and not for clusters, b.) I was getting refills too often (he said I shouldn't need it any more than 4 times a month, and then suggested that I try another medication since "imitrex obviously wasn't a very effective treatment for my headaches since I needed it so often." and then told me he would not fill it more often than every ten days. After informing him that is this the only medication that truly works for me and that I have been taking it for over twelve years without incident, I pointed out that over one third of the patient info supplied with the refill dealt specifically with cluster headaches and was also specifically listed as a condition for which imitrex was intended to treat. He would not budge. I am going to file a complaint with the Arizona board of pharmacists, but am unsure of his right to refuse even though it was a valid prescription from a headache expert, and his decision was based on pure ignorance and way outdated information. Has anyone else had a similar experience with a pill-counter that was this clueless, and what did you do to deal with the situation? I am so mad I'm steaming.
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unsolved1
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Re: Pharmacy Authority Question?
« Reply #14 on: Sep 19th, 2006, 10:16pm » |
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I'm glad I don't have to go through a pharmacy for my Trex. They'd never give me what I need.
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cootie
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Re: Pharmacy Authority Question?
« Reply #15 on: Sep 19th, 2006, 10:29pm » |
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We've been refused refills cuz it was a day or too too early......that kinda freaked me out when it was sumthin ya HAD to take daily or needed daily. Nothing worse then skipping a day or two if they weren't open that next day or bad weather or sumthin happen'd or came up ya couldn't get back there that next day or two. And then with our last two doctors quiting on us for hospital jobs and the scramble to find a new doc to continue meds still has me in a tizzy of a worry. My one doc that quit sent letters to his pain management patients with a list of REHABS !!!!! Can't you still get some meds refilled when insurence refuses at the listed price ? We had that happen with Brad's imitrex and didn't know back then ins limited how many a month so the pharmacy still refilled the script but I had to pay for it.....think we blew about 600 bucks that week till we got it all straighten'd out cuz he NEEDED IT ! Doesn't seem to be as much concern that scripts for meds are patient health NEEDS that are under a doctors care and instruction and it is more of a 'what I think' situation by an uninform'd stranger (pharmacist)......where's the trust Pam
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alienspacebabe
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Re: Pharmacy Authority Question?
« Reply #16 on: Sep 20th, 2006, 12:17am » |
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A few weeks ago, I wasn't able to pick up my Imitrex vials and Zomig nasal - they wanted to contact the doctor first because of potential interactions. They said it's their policy, in order to protect consumers. They did fill them later, after talking with the neuro, and told me not to mix them.
Frustrating, but also good - someone's watching out for people, making sure that meds don't interact.
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BarbaraD
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Re: Pharmacy Authority Question?
« Reply #17 on: Sep 20th, 2006, 7:07am » |
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Guess I've been lucky with pharamists. In our little town of Gladewater we had two chronic CHes and my sister-in-law with severe migraines. We all used the same stuff. The druggist knew us all very well. The only problem we had was James (the pharamist) keeping ENOUGH in stock.
Have you tried a small drug store (mom and pop)? Get to know the pharamist - if they don't understand about CH - explain it to them.
Since moving to Shreveport, I've told several pharamists to go to hell. (Walgreen's especially - haven't had much trouble with CVS).
Personally, I think the pharamist went a little far in refusing a doctor's order without contacting the doc.
Hugs BD
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Mosaicwench
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Re: Pharmacy Authority Question?
« Reply #18 on: Sep 20th, 2006, 7:43am » |
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Don't know what the law is about a pharmacist refusing to fill a prescription, but I'd hit up the headquarters for all the costs associated with the ER visit . . . .
Might make them think twice about refusal.
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Tom K
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Re: Pharmacy Authority Question?
« Reply #19 on: Sep 20th, 2006, 9:02am » |
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This was on the news a few months ago, not about trex but about the "Morning After Pill". Pharms weren't wanting to fill the scripts because of their moral beliefs. My advice is to get to know your pharm. I've been on a great basis with my pharm and she is awesome. When I'm getting ready to go into cycle, she starts to stock up on vials and jabs, knowing that I will be soon on my way in. She has never questioned any of my scripts and has actually done some research on CH because I've talked about it with her. After dealing with the same pharm for 10 years, we have gotten to know each other pretty well. She was the 5th person we told when we found out my wife was pregnant! YMMV
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karma
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Re: Pharmacy Authority Question?
« Reply #20 on: Sep 20th, 2006, 9:13am » |
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Quote:| This was on the news a few months ago, not about trex but about the "Morning After Pill". Pharms weren't wanting to fill the scripts because of their moral beliefs. |
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Quote:| She was the 5th person we told when we found out my wife was pregnant! YMMV |
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Why? Were you mad at her? 
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| « Last Edit: Sep 20th, 2006, 9:16am by karma » |
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FramCire
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Re: Pharmacy Authority Question?
« Reply #22 on: Sep 20th, 2006, 9:46am » |
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I do not believe CH is on label for Replax thus your pharmasist was going on the "on label" use for it and thus was probably noting that abnormally high amount you are getting for migraines (which I believe is the on label use).
It is RARE that an insurance company would allow you to get more than the amount for the on label usage covered. (at least without jumping through amazing hoops).
Have you spoke directly to the pharmasist? Is it possible that your insurance did reject it at first because of the off label amount?
Anyway, I can't really understand why the pharmasist would reject the script except that he was going by the on label guidelines which sadly usually govern insurance coverage. Honestly, I can't undertand why he wouldn't check first but I am shocked your insurance company was willing to go off label without a ton of hoops.
Next time I would speak directly to the pharmasist rejecting it at the time of rejection. You should have been able to clear it up on the same day and not have to go DAYS without meds.
As for legal action, until you know the reason for his refusal FROM HIS MOUTH... I wouldn't hire anyone yet to represent you.
I'm sorry you had to go through this. I went through a 3 month process of trying to get a medicine I was told to take daily and still was only offered 6 doses a month covered by insurance.
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tpitts77
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Re: Pharmacy Authority Question?
« Reply #23 on: Sep 20th, 2006, 11:21am » |
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I have been working in a pharmacy part-time, since I was in college (6 years) and I am a CphT. I am NOT an expert in the laws. I don't think you have a case.
A pharmacist can refuse to fill any prescription that they want.
I refuse to fill on average one Rx a month. Mostly because I feel the patients are misusing the meds and don't want to be a part of that.
In your case I do feel that if you would of explained your situation (if you didn't) the phamacist would have either called your Dr. or insurance company to try and clear up what ever problem there may have been. Unless the Pharmacist was lazy. I have worked with a couple bad ones.
A lot of times what happens when I tell a customer that their Rx won't go though the insurance. They flip out, rip the Rx slip out of my hand, and storm out of the store. Before finding out what we can do to help them out, like give them a smaller amount at cash price until we clear up the problem, call the insurance, etc.
Good Luck,
Tony
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DavidEH
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Re: Pharmacy Authority Question?
« Reply #24 on: Sep 27th, 2006, 8:36pm » |
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just an update...
After less then a week, I was about to forget the whole thing, until I received a letter from said pharmacy, including a 100 dollar gift certificate...
To be honest, the letter and gift cert, did more harm then good, I feel betrayed, hurt, and really pissed off. Basically, in the letter, they admit that they dropped the "ball" (using their words) and that the 100 bucks will help me accept their appology.. Never once did they appologize for the ER visit, or 4 days without meds for the clusters (torture basically)...
I have sense spoken to one lawyer, and he is finding me the proper representation..
Basically, he said Corporations such as this pharmacy never admit to wrong doing in letter form, its almost unheard of, to have in writing that they admit to wrong doing, and well the 100 dollar gift certificate is also fishy... Those two things alone admit negliance i suppose, and the ER visit and pain caused was in direct result...
It just pissed me off, that they admited that they did wrong, and basically just wanted to keep my business...
So, we will see.
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| « Last Edit: Sep 27th, 2006, 8:38pm by DavidEH » |
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