The Pharmacists Corresponding Responsibility for Controlled Substance Prescriptions

A pharmacist is required to exercise sound professional judgment when making a determination about the legitimacy of a controlled substance prescription. Such a determination is made before the prescription is dispensed. The law does not require a pharmacist to dispense a prescription of doubtful, questionable, or suspicious origin. To the contrary, the pharmacist who deliberately looks the other way when there is reason to believe that the purported prescription had not been issued for a legitimate medical purpose, may be prosecuted along with the issuing practitioner, for knowingly and intentionally distributing controlled substances, a felony offense which may result in the loss of one's business or professional license. (See United States v. Kershman, 555 Fed. 2nd 198 [U.S. Court Of Appeals, Eighth Circuit, 1977]).

To assist the pharmacist in identifying fraudulent prescriptions, see Pharmacist’s Guide to Prescription Fraud (Appendix O)

What is the pharmacist expected to do when presented with a prescription that raises questions? Although a pharmacist may be reluctant to "get involved," there really is no choice. The pharmacist is involved because a pharmacist's professional responsibilities make him or her subject to the requirements of the CSA. If you find one or two prescriptions which appear to be irregular, the best remedy may be to call the prescribing physician about your concern. Often, a friendly bit of advice from a fellow professional may be all that is needed to correct an apparent irregularity.

However, where there appears to be a pattern of prescription abuses, the pharmacist’s refusing to dispense certain prescriptions may not be enough. Abusers will simply go elsewhere, possibly to another pharmacist with whom the prescriber has an understanding. In such cases, the pharmacist should contact the State Board of Pharmacy or the local DEA Diversion Field Office. Both DEA and State authorities consider retail-level diversion priority problems. Your information will be handled confidentially and promptly. DEA cannot, however, get to the source of the diversion without your cooperation.