Delaware
pharmacists have recently been reminded of their “corresponding responsibility”
under Delaware and federal law. Regulations provide that while “the
responsibility for the proper prescribing and dispensing of controlled
substances is upon the prescribing practitioner . . . a corresponding responsibility rests with the pharmacist who fills the
prescription.” 21 CFR § 1306.04;
Delaware Controlled Substances Act Regulation 4.3.1
This
responsibility can create tension between prescribing practitioners and
pharmacists, who are at times obligated to confirm the validity and
appropriateness of a controlled substance prescription. Many prescribing practitioners are reporting
receiving frequent calls from pharmacists, who are asking questions about the reasons
certain controlled substances have been prescribed.
Earlier
this week, the federal government sent a significant remainder to the health
care community that pharmacists and pharmacies can and will be held accountable
for the failure to comply with these regulations. On June 11, 2013, the
Walgreen Company (the nation’s largest pharmacy operator) agreed to pay $80
million to resolve DEA charges that several Walgreens pharmacies did not
properly control oversight and handling of narcotic painkillers, particularly
oxycodone. The $80 million settlement is
the largest ever paid by a pharmacy chain.
According
to the DEA, six Florida Walgreens pharmacies were responsible for “an
unprecedented number” of record keeping and dispensing violations under the
federal Controlled Substances Act, allowing prescription painkillers to be
diverted for abuse or to the black market.
The DEA alleged that the retail pharmacies knew or should have known
that the prescriptions were not for legitimate medical use.
Delaware
pharmacists and prescribers are partners in guarding against prescription drug
diversion and misuse. As with any good
partnership, open communication will benefit the partnership.
