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Law Question of the Month

Each month IPA will post a new legal question for technicians that is open for discussion

 

Q.  At What Point Is It Determined that a Prescription Has Violated the Best Interest of the Patient?

A.  When an individual takes on the responsibility of becoming a health care provider, they must be willing to always make the well-being of the patient a top priority.  For the most part, this is a task that is certainly accomplished.  When providing care to patients, pharmacists ensure that medications are accurately filled and appropriate.

 

Yet, sometimes there are instances in which good judgment does not align with the expectations of the patient and the prescribing practitioner.  Prescriptions might need to be changed, or even voided for many different reasons.  Pharmacists are able to refuse to fill a prescription, acting upon their responsibility to uphold the safety of the patient.  Indiana law states that a pharmacist has a “duty to honor all prescriptions from a practitioner…”  and if they are going to refuse to fill a prescription, the prescribed medication has to be determined to be “..against the best interest of the patient.”  At what point is it determined that a prescription has violated the best interest of the patient?  When does a pharmacist have the right to refuse a prescription?
 


 

 

 

 

Archived Questions of the Month:

 

What Can I Legally Say to a Patient?

Should Drug Recalls be Thought of as a Voluntary Action?