MPJE: Filling A Suspicious Controlled Substance Prescription

In our latest question and answer, we discuss a law exam question regarding filling a suspicious prescription.

Nov 05, 2017

Cherry asked

This is a question about MPJE. I really don't know what is the answer. Please help. This is the situation: A pharmacist overheard his patient of how much he's gonna make by selling his OxyContin. What should the pharmacist do? A. Refuse to fill. B. Fill but tell the patient that he should not share his medications. C. Call the physician before filling the prescription. D. Fill the prescription and report the patient to police officers.

Answer

While we can't guarantee this is the correct answer, it would seem that option A (Refuse to fill) would be correct.

The key word in each choice is 'fill'. A pharmacist has the legal right to make a professional judgement not to fill a prescription. Knowing a patient has an intent to divert the medication as well as potentially cause harm to others would be a legitimate reason not to fill it. In addition, pharmacists have a legal obligation to prevent drug diversion and abuse. Knowingly filling this prescription would go against this obligation.

All other choices indicate that the prescription would be filled, which given the circumstances, would be a mistake. 

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