Guest guest Posted July 29, 2005 Report Share Posted July 29, 2005 , In Louisiana the state board publishes the minimum dimensions for a written prescription, but only states a CII script be signed in ink or indelible pencil by the prescriber - nothing about copies. Funny how you couldn't get the doc, but they could on their cell phone.... Did you follow up at another time to see if you could get someone in the office? I'd call/e-mail your state board for clarification on the photocopy issue - even if it's just for piece of mind. Let us know what you find out - great topic to bring up in class. Anne LaVance, BS, CPhT Texpert Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 30, 2005 Report Share Posted July 30, 2005 Dear , This sh/would be a state lawm with the exception of the signature. I know of no Fed Law other than the signature and I think date. But where to begin to find it??? I would have to search high an low on that one. Now in the state of California a doctor can have every thing filled out by his/her agent except the date and signature which must be done by the doctor. This went into effect when we got rid of Triplicates last year. Before that all had to be written by the doctor. However I do think that pre-printed orders of drugs that the doctor frequently orders are acceptable. But I do believe that they have to come from the printer and I do not think that a photocopy is allowed. What concerns me is two things: 1. The cell phone call. Even if you spoke to a person using thepts phone, how would you know if the pt dialed a legitamate doctor. It could be a 'hot room' (fake doctor). And any phone number given to you by the pt other than what is on the script is suspect! 2. The irregular or jagged edges of the paper that the script is written on.....So where was this copied? a 5 & dime?? (you are too young to know what that is I think/er hope!). Well now this leads ME to be suspicious of the script and paper itself! Now I will tell you this but I have not looked for this law, but I was taught it YEARS ago so it may have changed. There was an OLD Fed law that once said a doctor may write a prescription on anything! Anything even a coctail napkin, and it is legitamate as long as everything needed is on the prescription. HOWEVER I was also instructed by this well respected pharmacist that most pharmacists would call or verify the doctor's script or just NOT fill it. He said most would confiscate the napkin/script and not fill it. But that was back when I was in a junior college pharm tech program, in l985; so the law may nto exist anymore and also any state may make it more stringent, such as in California all Cii-CV must be written on special printed security prescriptions forms, obtained from DOJ (or ?agency) approved printers. A cocktail napkin would not suffice! The law may still be on the books, but state law that is more stringent would supercede it. My bet is waiting on our resident pharmacist: Della. So still no answer on this one! Sorry .... Jeanetta Mastron CPhT BS Pharm Tech Educator Founder/Owner > > Hi Everyone, > > We had a customer come to the pharmacy with a photo-copied prescription for a schedule 2 drug. It wasn't only the copy that stuck out like a sore thumb but the fact that the paper wasn't even cut square. It was jagged and sloppy around the edges. But the date and doctor's signature were written in ink. Just to be clear, the md information, patient name, drug and directions were all copied. The date and md signature were in ink. The pharmacist told the patient she could not fill a photo-copied prescription. She called the doctor and left a message with his voice mail. Ironically, the patient was able to get the doctor on his cell phone. The doctor argued the point about the copy saying that he didn't want to write the prescription over and over since it was only a 7 day supply and he would have to write one a week so he copied it. And he was adament that there is no reason a pharmacy can refuse a photo-copied prescription. > > I have searched high and low and can't find anything pertaining to copies. It seems like it should just be common sense. What would stop anyone from copying precriptions and changing the date as they want it? > > Does anyone know a specific law? Or can you point me in the right direction? > > Comments? > > FYI, the rx was for Desoxyn 5mg sig Take 15 tablets qd #105 . > > Thanks, > > > -- > To love what you do and feel that > it matters - how could anything > be more fun? -- Graham > > . . . for my heart rejoiced in > all my labour . . . Ecclesiastes > 2:10 > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 30, 2005 Report Share Posted July 30, 2005 , I apologize, but my brain is not coming up with city/state that you are in. This wouldn't fly in Texas. For C-II's, they have to be on special prescription blanks which each have their own unique serial #. I don't give 'credit' to calls over a cell phone. The person can give me a # and I'll call them back, or they call me on the land line, and even THEN I'll ask them what the # to the office is, etc, etc. Della (who is just barely functional @ the moment.) On 7/29/05, cphtgenius@... <cphtgenius@...> wrote: > > Hi Everyone, > > We had a customer come to the pharmacy with a photo-copied prescription for a schedule 2 drug. It wasn't only the copy that stuck out like a sore thumb but the fact that the paper wasn't even cut square. It was jagged and sloppy around the edges. But the date and doctor's signature were written in ink. Just to be clear, the md information, patient name, drug and directions were all copied. The date and md signature were in ink. The pharmacist told the patient she could not fill a photo-copied prescription. She called the doctor and left a message with his voice mail. Ironically, the patient was able to get the doctor on his cell phone. The doctor argued the point about the copy saying that he didn't want to write the prescription over and over since it was only a 7 day supply and he would have to write one a week so he copied it. And he was adament that there is no reason a pharmacy can refuse a photo-copied prescription. > > I have searched high and low and can't find anything pertaining to copies. It seems like it should just be common sense. What would stop anyone from copying precriptions and changing the date as they want it? > > Does anyone know a specific law? Or can you point me in the right direction? > > Comments? > > FYI, the rx was for Desoxyn 5mg sig Take 15 tablets qd #105 . > > Thanks, > > > -- > To love what you do and feel that > it matters - how could anything > be more fun? -- Graham > > . . . for my heart rejoiced in > all my labour . . . Ecclesiastes > 2:10 > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 30, 2005 Report Share Posted July 30, 2005 Hi Della, I am in NJ. We have state prescription blanks here too - blue, with a watermark and the state seal. ALL rx's written by NJ doctors must be on these blanks. Years ago before the NJ state blanks became law, our BOP had a specific law on the books prohibiting photo-copies. But with the inception of the new blanks (for reasons not totally clear to me) that law was removed. All I can find are laws regarding fax and e-prescribing. But this md is from PA. They can have blanks printed wherever they want it seems. There is no uniformity at all. Still that does not account for a photo-copy. This particular RPh does not take cell phone calls either. Her partner does. She told the patient to tell the doctor to call back on our phone. He did. She was a little suspicious but when he started arguing the point with her and demanding that she fax him a copy of that law she said she believed he was really the md. She refused the script but just wants to prove herself now. Thanks, -- To love what you do and feel that it matters - how could anything be more fun? -- Graham .. . . for my heart rejoiced in all my labour . . . Ecclesiastes 2:10 -------------- Original message -------------- , I apologize, but my brain is not coming up with city/state that you are in. This wouldn't fly in Texas. For C-II's, they have to be on special prescription blanks which each have their own unique serial #. I don't give 'credit' to calls over a cell phone. The person can give me a # and I'll call them back, or they call me on the land line, and even THEN I'll ask them what the # to the office is, etc, etc. Della (who is just barely functional @ the moment.) On 7/29/05, cphtgenius@... <cphtgenius@...> wrote: > > Hi Everyone, > > We had a customer come to the pharmacy with a photo-copied prescription for a schedule 2 drug. It wasn't only the copy that stuck out like a sore thumb but the fact that the paper wasn't even cut square. It was jagged and sloppy around the edges. But the date and doctor's signature were written in ink. Just to be clear, the md information, patient name, drug and directions were all copied. The date and md signature were in ink. The pharmacist told the patient she could not fill a photo-copied prescription. She called the doctor and left a message with his voice mail. Ironically, the patient was able to get the doctor on his cell phone. The doctor argued the point about the copy saying that he didn't want to write the prescription over and over since it was only a 7 day supply and he would have to write one a week so he copied it. And he was adament that there is no reason a pharmacy can refuse a photo-copied prescription. > > I have searched high and low and can't find anything pertaining to copies. It seems like it should just be common sense. What would stop anyone from copying precriptions and changing the date as they want it? > > Does anyone know a specific law? Or can you point me in the right direction? > > Comments? > > FYI, the rx was for Desoxyn 5mg sig Take 15 tablets qd #105 . > > Thanks, > > > -- > To love what you do and feel that > it matters - how could anything > be more fun? -- Graham > > . . . for my heart rejoiced in > all my labour . . . Ecclesiastes > 2:10 > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 30, 2005 Report Share Posted July 30, 2005 Dear , Best Bet: All ASHP State Chapters and APhA chapters have a 'legal' representativev or 'officer' like a president, vice pres, secretary. If she the RPh is a member she would call them and ask them what the law is on this in addition to having them back up her actions, should this go furter. In addition the state board of pharmacy may have a legal dept rep that helps RPh find specific state or fed law. Let us know how this continues to play out. Many of us now very interested in the law and this circumstance. Love ya Respectfully Jeanetta Mastron --- cphtgenius@... wrote: > Hi Della, > > I am in NJ. We have state prescription blanks here > too - blue, with a watermark and the state seal. > ALL rx's written by NJ doctors must be on these > blanks. Years ago before the NJ state blanks became > law, our BOP had a specific law on the books > prohibiting photo-copies. But with the inception of > the new blanks (for reasons not totally clear to me) > that law was removed. All I can find are laws > regarding fax and e-prescribing. > > But this md is from PA. They can have blanks > printed wherever they want it seems. There is no > uniformity at all. Still that does not account for > a photo-copy. > > This particular RPh does not take cell phone calls > either. Her partner does. She told the patient to > tell the doctor to call back on our phone. He did. > She was a little suspicious but when he started > arguing the point with her and demanding that she > fax him a copy of that law she said she believed he > was really the md. She refused the script but just > wants to prove herself now. > > Thanks, > > > > -- > To love what you do and feel that > it matters - how could anything > be more fun? -- Graham > > . . . for my heart rejoiced in > all my labour . . . Ecclesiastes > 2:10 > > -------------- Original message -------------- > , > > I apologize, but my brain is not coming up with > city/state that you are in. > > This wouldn't fly in Texas. For C-II's, they have > to be on special > prescription blanks which each have their own unique > serial #. > > I don't give 'credit' to calls over a cell phone. > The person can give > me a # and I'll call them back, or they call me on > the land line, and > even THEN I'll ask them what the # to the office is, > etc, etc. > > Della > (who is just barely functional @ the moment.) > > On 7/29/05, cphtgenius@... > <cphtgenius@...> wrote: > > > > Hi Everyone, > > > > We had a customer come to the pharmacy with a > photo-copied prescription for a schedule 2 drug. It > wasn't only the copy that stuck out like a sore > thumb but the fact that the paper wasn't even cut > square. It was jagged and sloppy around the edges. > But the date and doctor's signature were written in > ink. Just to be clear, the md information, patient > name, drug and directions were all copied. The date > and md signature were in ink. The pharmacist told > the patient she could not fill a photo-copied > prescription. She called the doctor and left a > message with his voice mail. Ironically, the > patient was able to get the doctor on his cell > phone. The doctor argued the point about the copy > saying that he didn't want to write the prescription > over and over since it was only a 7 day supply and > he would have to write one a week so he copied it. > And he was adament that there is no reason a > pharmacy can refuse a photo-copied prescription. > > > > I have searched high and low and can't find > anything pertaining to copies. It seems like it > should just be common sense. What would stop anyone > from copying precriptions and changing the date as > they want it? > > > > Does anyone know a specific law? Or can you point > me in the right direction? > > > > Comments? > > > > FYI, the rx was for Desoxyn 5mg sig Take 15 > tablets qd #105 . > > > > Thanks, > > > > > > -- > > To love what you do and feel that > > it matters - how could anything > > be more fun? -- Graham > > > > . . . for my heart rejoiced in > > all my labour . . . Ecclesiastes > > 2:10 > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 30, 2005 Report Share Posted July 30, 2005 , Upon reading that you say you have state prescription blanks, then it's kind of a moot point, as the 'copied' prescription did not fit the law of the state the prescription was going to be filled in. Had a guy from New York bring me a C-II prescription from New York, which apparently allows C-II's to be written on a regular prescription blank? Since, Texas does have the special (individual numbered, each Dr has their own State DPS number which is cross-referenced with the serial # on the prescription), the prescription brought from New York was not a valid prescription in Texas. I know that won't necessarily satisfy your RPh. So, here is what she's really looking for: From Department of Law and Public Safety, Division of consumer Affairs, New Jersey Board of Pharmacy, Statues and Regulations (http://www.state.nj.us/lps/ca/pharm/pharmacy.pdf -- caution, it's 127 pages, as linked from http://www.state.nj.us/lps/ca/medical/pharmacy.htm) as of September 2004, page 29: 45:14-14. " Prescription " defined The term " prescription " as used in R.S.45:14-13, and R.S.45:14-15 to R.S.45:14-17 means an order for drugs or medicines or combinations of mixtures thereof, written or signed by a duly licensed physician, dentist, optometrist, veterinarian, or other medical practitioner, a certified nurse midwife, a nurse practitioner/clinical nurse specialist or a physician assistant, licensed or approved to write prescriptions intended for the treatment or prevention of disease in man or animals, and includes orders for drugs or medicines or combinations or mixtures thereof, on a New Jersey Prescription Blank obtained from a vendor approved by the Division of Consumer Affairs in the Department of Law and Public Safety pursuant to section 6 of P.L.1996, c. 154 (C.45:14-14.6), transmitted to pharmacists through word of mouth, telephone, telegraph or other means of communication by a duly licensed physician, dentist, optometrist, veterinarian, other medical practitioner, a certified nurse midwife, a nurse practitioner/clinical nurse specialist or a physician assistant, licensed or approved to write prescriptions intended for the treatment or prevention of disease in man or animals, and such prescriptions received by word of mouth, telephone, telegraph or other means of communication shall be recorded in writing by the pharmacist and the record so made by the pharmacist shall constitute the original prescription to be filed by the pharmacist as provided for in R.S.45:14-15, but no prescription, for any narcotic drug, except as provided in section 15 of P.L.1970, c. 226 (C.24:21-15), shall be given or transmitted to pharmacists, in any other manner, than in writing signed by the physician, dentist, veterinarian, other medical practitioner, certified nurse midwife, nurse practitioner/clinical nurse specialist or a physician assistant, giving or transmitting the same, nor such shall prescription be renewed or refilled. The requirement in this section that a prescription for any narcotic drug be given or transmitted to pharmacists in writing signed by the prescriber, shall not apply to a prescription for a Schedule II drug written for a long-term care facility resident or hospice patient if that prescription is transmitted or prepared in compliance with federal Drug Enforcement Administration regulations 21 C.F.R.1306.11(d),(e),(f) and (g). Page 31, 45:14-14.4. Pharmacists prohibited from filling prescription not issued on New Jersey prescription blank Section repealed by L.2003,c. 280 effective 180 days following enactment [approved January 14, 2004]. a. Beginning 180 days after the effective date of P.L.1996, c. 154 (C. 45:14-14.1 et al.), a prescription issued by a licensed prescriber or health care facility shall not be filled by a pharmacist unless the prescription is issued on a New Jersey Prescription Blank bearing the prescriber's license number or the unique provider number assigned to a health care facility, as required pursuant to section 2 or 3 of P.L.1996, c.154 (C. 45:14-14.2 or 45:14-14.3). Notwithstanding the provisions of this subsection to the contrary, the Director of the Division of Consumer Affairs in the Department of Law and Public Safety may temporarily suspend the operative date of this subsection if the director finds that an insufficient number of licensed prescribers or licensed health care facilities have obtained the required prescription blanks by the operative date with the results that persons seeking to have prescriptions filled would be substantially inconvenienced. The director shall notify licensed pharmacists of the new operative date of this subsection. b. Notwithstanding the provisions of subsection a. of this section to the contrary, for the 90 days following the 180-day period or such other operative date as may be determined by the Director of the Division of Consumer Affairs pursuant to subsection a. of this section, a pharmacist, prior to filling a prescription, shall request verification in writing or orally, of the prescription from the prescriber of health care facility if the pharmacist receives a prescription that is not issued on a New Jersey Blank as required by section 2 or 3 of P.L.1996, c. 154 (C. 45:14-14.2 or 45:14-14.3). 45:14-14.6. Establishment of format for uniform prescription blanks Sorry, had enough typing. Dunno if this will help..... But I'd think it basically says that any prescription NOT on a New Jersey Prescription Blank isn't a legal prescription in New Jersey. And the PA Doc can't do a thing about it unless he is licensed also in NJ. Della Re: Need Help With A Law? Hi Della, I am in NJ. We have state prescription blanks here too - blue, with a watermark and the state seal. ALL rx's written by NJ doctors must be on these blanks. Years ago before the NJ state blanks became law, our BOP had a specific law on the books prohibiting photo-copies. But with the inception of the new blanks (for reasons not totally clear to me) that law was removed. All I can find are laws regarding fax and e-prescribing. But this md is from PA. They can have blanks printed wherever they want it seems. There is no uniformity at all. Still that does not account for a photo-copy. This particular RPh does not take cell phone calls either. Her partner does. She told the patient to tell the doctor to call back on our phone. He did. She was a little suspicious but when he started arguing the point with her and demanding that she fax him a copy of that law she said she believed he was really the md. She refused the script but just wants to prove herself now. Thanks, Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 2, 2005 Report Share Posted August 2, 2005 - Hi Della, Just wantedd you to know that C-II drugs CANNOT be written on a regular script. They must be written on the correct serial numbered pads. Telephoned Rxs from our store phone-no cell phone calls ever for anything-for C-II's equql a five day supply only with a New York cover only within 72 hrs. that customer was TRYING to pull a fast one glad he did not get over. Thanks Rosie NYC In , " Della " <dhengel@g...> wrote: > , > > Upon reading that you say you have state prescription blanks, then it's kind > of a moot point, as the 'copied' prescription did not fit the law of the > state the prescription was going to be filled in. > > Had a guy from New York bring me a C-II prescription from New York, which > apparently allows C-II's to be written on a regular prescription blank? > Since, Texas does have the special (individual numbered, each Dr has their > own State DPS number which is cross-referenced with the serial # on the > prescription), the prescription brought from New York was not a valid > prescription in Texas. > > I know that won't necessarily satisfy your RPh. > > So, here is what she's really looking for: > > From Department of Law and Public Safety, Division of consumer Affairs, New > Jersey Board of Pharmacy, Statues and Regulations > (http://www.state.nj.us/lps/ca/pharm/pharmacy.pdf -- caution, it's 127 > pages, as linked from http://www.state.nj.us/lps/ca/medical/pharmacy.htm) as > of September 2004, page 29: > > 45:14-14. " Prescription " defined > > The term " prescription " as used in R.S.45:14-13, and R.S.45:14-15 to > R.S.45:14-17 means an order for drugs or medicines or combinations of > mixtures thereof, written or signed by a duly licensed physician, dentist, > optometrist, veterinarian, or other medical practitioner, a certified nurse > midwife, a nurse practitioner/clinical nurse specialist or a physician > assistant, licensed or approved to write prescriptions intended for the > treatment or prevention of disease in man or animals, and includes orders > for drugs or medicines or combinations or mixtures thereof, on a New Jersey > Prescription Blank obtained from a vendor approved by the Division of > Consumer Affairs in the Department of Law and Public Safety pursuant to > section 6 of P.L.1996, c. 154 (C.45:14-14.6), transmitted to pharmacists > through word of mouth, telephone, telegraph or other means of communication > by a duly licensed physician, dentist, optometrist, veterinarian, other > medical practitioner, a certified nurse midwife, a nurse > practitioner/clinical nurse specialist or a physician assistant, licensed or > approved to write prescriptions intended for the treatment or prevention of > disease in man or animals, and such prescriptions received by word of mouth, > telephone, telegraph or other means of communication shall be recorded in > writing by the pharmacist and the record so made by the pharmacist shall > constitute the original prescription to be filed by the pharmacist as > provided for in R.S.45:14-15, but no prescription, for any narcotic drug, > except as provided in section 15 of P.L.1970, c. 226 (C.24:21-15), shall be > given or transmitted to pharmacists, in any other manner, than in writing > signed by the physician, dentist, veterinarian, other medical practitioner, > certified nurse midwife, nurse practitioner/clinical nurse specialist or a > physician assistant, giving or transmitting the same, nor such shall > prescription be renewed or refilled. The requirement in this section that a > prescription for any narcotic drug be given or transmitted to pharmacists in > writing signed by the prescriber, shall not apply to a prescription for a > Schedule II drug written for a long-term care facility resident or hospice > patient if that prescription is transmitted or prepared in compliance with > federal Drug Enforcement Administration regulations 21 > C.F.R.1306.11(d),(e),(f) and (g). > > Page 31, 45:14-14.4. Pharmacists prohibited from filling prescription not > issued on New Jersey prescription blank > > Section repealed by L.2003,c. 280 effective 180 days following enactment > [approved January 14, 2004]. > > a. Beginning 180 days after the effective date of P.L.1996, c. 154 > (C. 45:14-14.1 et al.), a prescription issued by a licensed prescriber or > health care facility shall not be filled by a pharmacist unless the > prescription is issued on a New Jersey Prescription Blank bearing the > prescriber's license number or the unique provider number assigned to a > health care facility, as required pursuant to section 2 or 3 of P.L.1996, > c.154 (C. 45:14-14.2 or 45:14-14.3). > > Notwithstanding the provisions of this subsection to the contrary, the > Director of the Division of Consumer Affairs in the Department of Law and > Public Safety may temporarily suspend the operative date of this subsection > if the director finds that an insufficient number of licensed prescribers or > licensed health care facilities have obtained the required prescription > blanks by the operative date with the results that persons seeking to have > prescriptions filled would be substantially inconvenienced. The director > shall notify licensed pharmacists of the new operative date of this > subsection. > > b. Notwithstanding the provisions of subsection a. of this section > to the contrary, for the 90 days following the 180-day period or such other > operative date as may be determined by the Director of the Division of > Consumer Affairs pursuant to subsection a. of this section, a pharmacist, > prior to filling a prescription, shall request verification in writing or > orally, of the prescription from the prescriber of health care facility if > the pharmacist receives a prescription that is not issued on a New Jersey > Blank as required by section 2 or 3 of P.L.1996, c. 154 (C. 45:14- 14.2 or > 45:14-14.3). > > 45:14-14.6. Establishment of format for uniform prescription blanks > > Sorry, had enough typing. > > Dunno if this will help..... But I'd think it basically says that any > prescription NOT on a New Jersey Prescription Blank isn't a legal > prescription in New Jersey. > > And the PA Doc can't do a thing about it unless he is licensed also in NJ. > > Della > > Re: Need Help With A Law? > > Hi Della, > > I am in NJ. We have state prescription blanks here too - blue, with a > watermark and the state seal. ALL rx's written by NJ doctors must be on > these blanks. Years ago before the NJ state blanks became law, our BOP had > a specific law on the books prohibiting photo-copies. But with the > inception of the new blanks (for reasons not totally clear to me) that law > was removed. All I can find are laws regarding fax and e- prescribing. > > But this md is from PA. They can have blanks printed wherever they want it > seems. There is no uniformity at all. Still that does not account for a > photo-copy. > > This particular RPh does not take cell phone calls either. Her partner > does. She told the patient to tell the doctor to call back on our phone. > He did. She was a little suspicious but when he started arguing the point > with her and demanding that she fax him a copy of that law she said she > believed he was really the md. She refused the script but just wants to > prove herself now. > > Thanks, > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 2, 2005 Report Share Posted August 2, 2005 That's interesting. And thanks for the info. It's always nice to know. But then again, if it doesn't fit Texas laws, then it doesn't get filled. But that is definately interesting.... Della On 8/2/05, rosienyc2002 <hrd123@...> wrote: > - Hi Della, Just wantedd you to know that C-II drugs CANNOT be > written on a regular script. They must be written on the correct > serial numbered pads. Telephoned Rxs from our store phone-no cell > phone calls ever for anything-for C-II's equql a five day supply only > with a New York cover only within 72 hrs. that customer was TRYING to > pull a fast one glad he did not get over. Thanks Rosie NYC Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 3, 2005 Report Share Posted August 3, 2005 Della and , First of all, good to know there is another Texan in the Group!! Della is right, C2 scripts for MOST drugs in Texas are printed on a special blue pad that is somewhat like a check... Meaning that if you hold it up to the light, there is a watermark.--- It is EXTREMELY HARD to 'fake' and IMPOSSIBLE to copy or scan as the copy machine or scanner will end up giving the 'addict' or whomever tries to copy the script, a piece of paper that has COPY COPY COPY all over it. Also in Texas there will not only be the Doc's DEA # but his DPS # on the script. If you happen to be a Tech. in Texas and you receive this kind of script (from a legitimate pad... perhaps 'misplaced'.. ah hell let's just come right out and say it... stolen from a doc. by a pt.) remember that it is Texas Law that the C2 script must be in PRINT... NOT CURSIVE! And in Texas, we do still have triple scripts (D.E.A. Forms) for any natural or synthetic C2 Opiod drug. As a Tech. in Texas, this problem most likely will not come up unless you either work in a small town or an extremely busy pharmacy, so here is Texas State Law as I have been taught so far: (Major Caveat: I am not a Lawyer or a Pharmacist. If you would like more clarification about the Laws of the state of Texas, call the Texas State Board of Pharmacy or log onto their website, http:www.tsbp.state.tx.us) If you receive a photocopy of any C2 script, DO NOT FILL IT YOURSELF. In Texas, this is a moot point because your RPh will deal with the pt. who is trying to 'get ya', but in other states this might not be the case. Check the Pt.'s INSURANCE... A major sign of 'Doctor Shopping' is rejection of a script 'as a duplicate from another Doc.' OR a patient that is willing to pay $15.00 a pill (Retail) for Focalin. As far as the C2 ADHD meds go, at least in Texas, you will get a 'good' script on the proper pad that will read something like: ALL IN PRINT (NO CURSIVE ALLOWED!) Ritalin 5 Mg. SIG: 1 (one) tablet PO Q AM 1 (one) tablet PO Q 12:00 PM 1 (one) tablet PO Q 5:00 PM Dispense: 30 (Thirty) Tablets I hope this helps someone, and remember that you ALWAYS have the right to say NO when it comes to filling scripts. If you do not yet have this kind of relationship with your RPh, you either need to develop it or move on. Remember, you could possibly be held liable (financially OR criminally) if you break the Laws of the state in which you practice. Ignorance of the Law is NEVER an excuse, so find out exactly what the LAWS of your state are and follow them! Good Luck! Christian B. Oliver RCPhT (Texas) In , " Della " <dhengel@g...> wrote: > , > > Upon reading that you say you have state prescription blanks, then it's kind > of a moot point, as the 'copied' prescription did not fit the law of the > state the prescription was going to be filled in. > > Had a guy from New York bring me a C-II prescription from New York, which > apparently allows C-II's to be written on a regular prescription blank? > Since, Texas does have the special (individual numbered, each Dr has their > own State DPS number which is cross-referenced with the serial # on the > prescription), the prescription brought from New York was not a valid > prescription in Texas. > > I know that won't necessarily satisfy your RPh. > > So, here is what she's really looking for: > > From Department of Law and Public Safety, Division of consumer Affairs, New > Jersey Board of Pharmacy, Statues and Regulations > (http://www.state.nj.us/lps/ca/pharm/pharmacy.pdf -- caution, it's 127 > pages, as linked from http://www.state.nj.us/lps/ca/medical/pharmacy.htm) as > of September 2004, page 29: > > 45:14-14. " Prescription " defined > > The term " prescription " as used in R.S.45:14-13, and R.S.45:14-15 to > R.S.45:14-17 means an order for drugs or medicines or combinations of > mixtures thereof, written or signed by a duly licensed physician, dentist, > optometrist, veterinarian, or other medical practitioner, a certified nurse > midwife, a nurse practitioner/clinical nurse specialist or a physician > assistant, licensed or approved to write prescriptions intended for the > treatment or prevention of disease in man or animals, and includes orders > for drugs or medicines or combinations or mixtures thereof, on a New Jersey > Prescription Blank obtained from a vendor approved by the Division of > Consumer Affairs in the Department of Law and Public Safety pursuant to > section 6 of P.L.1996, c. 154 (C.45:14-14.6), transmitted to pharmacists > through word of mouth, telephone, telegraph or other means of communication > by a duly licensed physician, dentist, optometrist, veterinarian, other > medical practitioner, a certified nurse midwife, a nurse > practitioner/clinical nurse specialist or a physician assistant, licensed or > approved to write prescriptions intended for the treatment or prevention of > disease in man or animals, and such prescriptions received by word of mouth, > telephone, telegraph or other means of communication shall be recorded in > writing by the pharmacist and the record so made by the pharmacist shall > constitute the original prescription to be filed by the pharmacist as > provided for in R.S.45:14-15, but no prescription, for any narcotic drug, > except as provided in section 15 of P.L.1970, c. 226 (C.24:21-15), shall be > given or transmitted to pharmacists, in any other manner, than in writing > signed by the physician, dentist, veterinarian, other medical practitioner, > certified nurse midwife, nurse practitioner/clinical nurse specialist or a > physician assistant, giving or transmitting the same, nor such shall > prescription be renewed or refilled. The requirement in this section that a > prescription for any narcotic drug be given or transmitted to pharmacists in > writing signed by the prescriber, shall not apply to a prescription for a > Schedule II drug written for a long-term care facility resident or hospice > patient if that prescription is transmitted or prepared in compliance with > federal Drug Enforcement Administration regulations 21 > C.F.R.1306.11(d),(e),(f) and (g). > > Page 31, 45:14-14.4. Pharmacists prohibited from filling prescription not > issued on New Jersey prescription blank > > Section repealed by L.2003,c. 280 effective 180 days following enactment > [approved January 14, 2004]. > > a. Beginning 180 days after the effective date of P.L.1996, c. 154 > (C. 45:14-14.1 et al.), a prescription issued by a licensed prescriber or > health care facility shall not be filled by a pharmacist unless the > prescription is issued on a New Jersey Prescription Blank bearing the > prescriber's license number or the unique provider number assigned to a > health care facility, as required pursuant to section 2 or 3 of P.L.1996, > c.154 (C. 45:14-14.2 or 45:14-14.3). > > Notwithstanding the provisions of this subsection to the contrary, the > Director of the Division of Consumer Affairs in the Department of Law and > Public Safety may temporarily suspend the operative date of this subsection > if the director finds that an insufficient number of licensed prescribers or > licensed health care facilities have obtained the required prescription > blanks by the operative date with the results that persons seeking to have > prescriptions filled would be substantially inconvenienced. The director > shall notify licensed pharmacists of the new operative date of this > subsection. > > b. Notwithstanding the provisions of subsection a. of this section > to the contrary, for the 90 days following the 180-day period or such other > operative date as may be determined by the Director of the Division of > Consumer Affairs pursuant to subsection a. of this section, a pharmacist, > prior to filling a prescription, shall request verification in writing or > orally, of the prescription from the prescriber of health care facility if > the pharmacist receives a prescription that is not issued on a New Jersey > Blank as required by section 2 or 3 of P.L.1996, c. 154 (C. 45:14- 14.2 or > 45:14-14.3). > > 45:14-14.6. Establishment of format for uniform prescription blanks > > Sorry, had enough typing. > > Dunno if this will help..... But I'd think it basically says that any > prescription NOT on a New Jersey Prescription Blank isn't a legal > prescription in New Jersey. > > And the PA Doc can't do a thing about it unless he is licensed also in NJ. > > Della > > Re: Need Help With A Law? > > Hi Della, > > I am in NJ. We have state prescription blanks here too - blue, with a > watermark and the state seal. ALL rx's written by NJ doctors must be on > these blanks. Years ago before the NJ state blanks became law, our BOP had > a specific law on the books prohibiting photo-copies. But with the > inception of the new blanks (for reasons not totally clear to me) that law > was removed. All I can find are laws regarding fax and e- prescribing. > > But this md is from PA. They can have blanks printed wherever they want it > seems. There is no uniformity at all. Still that does not account for a > photo-copy. > > This particular RPh does not take cell phone calls either. Her partner > does. She told the patient to tell the doctor to call back on our phone. > He did. She was a little suspicious but when he started arguing the point > with her and demanding that she fax him a copy of that law she said she > believed he was really the md. She refused the script but just wants to > prove herself now. > > Thanks, > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted August 3, 2005 Report Share Posted August 3, 2005 Christian, I'm actually in NW Houston. Dunno if that's anywhere near you or not. Della Re: Need Help With A Law? Della and , First of all, good to know there is another Texan in the Group!! Quote Link to comment Share on other sites More sharing options...
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