Is it legal for one doctor to tell a pharmacy to void another doctor’s prescription?
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Is it legal for one doctor to tell a pharmacy to void another doctor’s prescription?
I was told, after the pharmacy called the ER, that because I have a history of drug dependence the doctor on call today (not the doctor from last night who wrote me the prescription) had told them to void my prescription and so they did. I’m not a drug addict and I’m pretty sure that denying me pain medicine simply because I have a history of drug use is against the law–discrimination. What constitutes discrimination in a situation like this?
Asked on March 11, 2015 under Malpractice Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It is not discrimination, at least no in the eyes of the law: only discrimination specifically barred by law is "discrimination" legally, and no law protects those with a history of drug use. Furthermore, if the doctor felt that it was medically necessary or appropriate to void the presecription based on your history, and that judment was a medically reasonable one (which is not to say that it must be absolutely correct--doctors may differ--just that it is reasonable), then he/she would not have done anything wrong.
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