I'd appreciate some comments/advice. I am a middle-aged woman(lives in Maryland) with chronic back pain due to herniated discs in lower back. I see a pain specialist who writes my prescriptions for pain medication (opiates) that I have taken consistently over the past 5 years. My doctor's office writes these prescriptions, to be filled, dated for exactly 30 days apart.
Last month my prescriptions (2 pain medications, both opiates) were dated for October 25. The evening of the 24th I was in the pharmacy where I typically get scripts filled. I had gone in with my young daughter to purchase her cold & cough medicine. I asked a pharmacy technician if the scripts could be filled at that time (the 24th) since I was already in the pharmacy to buy something for my daughter. The technician was a bit snippy to me and said no, come back the next day, the 25th; so I left the 2 scripts at the pharmacy counter and the next day I went in to pick the scripts up... seemed to be no issues.
This week I went for my regular appt. at the Pain specialist's office, and the scripts were dated for the 23rd of November. I explained that I had to leave the state to attend a family function on the 22 of November and asked if the "fill dates" could be changed to Nov.22 so that I could get them filled at the regular pharmacy without the hassle of trying to fill 2 opiate scripts in another state. The nurse stated that the doctor wouldn't make this change, and told me that the pharmacy had called their office and "reported" that I tried "to refill early"!
I would like to know if this is a violation of my privacy and my medical records; if there is ANYTHING I can do about this; it just doesn't seem right on many levels!
Thank you for any advice.

Nope. Opiates are controlled substances -- tightly controlled. It is definitely not a violation of your privacy for the pharmacy to contact your doctor -- the one who prescribed the medication.

Why doesn't this seem right to you?

This is controlled medication. It's not the decision of the Pharmacist whether you can get the prescription filled early. That is the decision of your Physician.

Pharmacists and Physicians consult with each other all the time.

(My husband was a Doctor of Pharmacy and I've heard this "complaint" before. You would be amazed at the number of people who came in and wanted their prescription a day or two earlier or "extra" medication or a combination of both - some needed it, others simply wanted it. The Pharmacist is not legally allowed to make that decision when it's a controlled substance.)

It bothers me because I simply asked if the script could be filled while I was in the store purchasing other medications (for my daughter) as a matter of convenience. It's not as though I went in demanding an early refill, or something like that. I was perfectly okay with leaving the script to be filled on the following day, which meant an extra 60 minutes of driving for me to pick it up the following day.
Now, because this clerk took it upon herself to contact my doctor's office, I will be inconvenienced for an indefinite period, and it's not fun being the object of suspicion. If I need to travel out of state, for family, vacation, business, etc. I will have to locate another pharmacy that stocks the medications I need--that's certainly inconvenient and could be time-consuming!
So considering this, did the clerk violate my rights as a customer, consumer, et al?

Its HIPAA Understanding HIPAA Privacy and no your rights were not violated. The pharmacy and the doctor have a right, even a duty, to share info. You may not have intended this but now you have asked both to refill a script early so they are being cautious.

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Originally Posted by piersula

It bothers me because I simply asked if the script could be filled while I was in the store purchasing other medications (for my daughter) as a matter of convenience. It's not as though I went in demanding an early refill, or something like that. I was perfectly okay with leaving the script to be filled on the following day, which meant an extra 60 minutes of driving for me to pick it up the following day.
Now, because this clerk took it upon herself to contact my doctor's office, I will be inconvenienced for an indefinite period of time, and it's not fun being the object of suspicion. If I need to travel out of state, for family, vacation, business, etc., I will have to locate another pharmacy that stocks the medications I need--that's certainly inconvenient and could be time-consuming!
So considering this, did the clerk violate my rights as a customer, consumer, et al?

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I know you won't agree with this but you asked if the prescriptions could be filled one day early. The Pharm Tech (or Pharmacist) called your Physician to see if early refills would be allowed - they apparently were not. There was no other way to fill the prescriptions a day early.

I don't understand how you will be inconvenienced for an indefinite period. Also, if you explained the situation to your Physician I don't know why you are under suspicion. As far as the Pharmacy - this is a request that is made all the time and I'm sure they don't care one way or the other.

And, yes, like the rest of us - if you travel and need a refill you have to locate a Pharmacy in that area that will communicate with the Pharmacy you regularly use. I don't know what you are taking that would require a Pharmacy that "stocks" what you specifically need as opposed to walking into any Pharmacy and requesting that you contact your home Pharmacy.

I see no violation - the Tech was, in fact, attempting to get the refills a day early as a "favor" to you.

Quote:

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Originally Posted by piersula

It bothers me because I simply asked if the script could be filled while I was in the store purchasing other medications (for my daughter) as a matter of convenience. It's not as though I went in demanding an early refill, or something like that. I was perfectly okay with leaving the script to be filled on the following day, which meant an extra 60 minutes of driving for me to pick it up the following day.
Now, because this clerk took it upon herself to contact my doctor's office, I will be inconvenienced for an indefinite period of time, and it's not fun being the object of suspicion. If I need to travel out of state, for family, vacation, business, etc., I will have to locate another pharmacy that stocks the medications I need--that's certainly inconvenient and could be time-consuming!
So considering this, did the clerk violate my rights as a customer, consumer, et al?

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It is not a HIPAA violation when the store pharmacy doesn't operate as quickly as you like.

If you travel out-of-state, that's your responsibility to ensure that your prescription is sufficient for your trip - not your doctor or pharmacist's responsibility.

Maybe you should get the prescriptions filled when they're due and not expect everyone else to work around your schedule.

I'm going to expand on what Judy and Ballenger said.

Opiates are a tightly controlled substance... since you asked for a refill early, then asked your doctor to change the refill dates, you are under suspicion for possible opiate addiction and/or illegal sale of your meds. In this case, the doctor and the pharmacy must communicate to determine if this is the case.

There was no HIPAA violation.

And in fact the phamacist would or could have been in seroiius trouble for letting you have them, the tech could easliy have lost their job.

In fact it is so seroius that yes calling your doctor.

Trying to get them one day early, is a start of a pattern of abuse, so by asking several months in a row, you subect yourself to closer review of hier use by your doctor

I believe the pharmacy would be in violation of Federal law, there is no wiggle room with script dates just like post dating a check, try to cash a post dated check and see what happens.

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Originally Posted by ballengerb1

I believe the pharmacy would be in violation of Federal law, there is no wiggle room with script dates just like post dating a check, try to cash a post dated check and see what happens.

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Completely off-topic, but a teller at my bank told me that the date is not a legal part of the check... so you technically can cash a post-dated check :)

I am totally surprised since I have been turn down more than once, learn something new everyday. My example turns out to be bad but our poster should know by now no HIPAA violation here

I don't know what the definitive answer is but I have been told BOTH that writing something on a check ("Paid in full") is not legally binding because a check takes the place of cash and writing "Paid in full" on cash is not legally binding.

This is not a discussion thread but does anyone know? I can't find a definitive answer.

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Originally Posted by JudyKayTee

I don't know what the definitive answer is but I have been told BOTH that writing something on a check ("Paid in full") is not legally binding because a check takes the place of cash and writing "Paid in full" on cash is not legally binding.

This is not a discussion thread but does anyone know? I can't find a definitive answer.

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Not even sure on that. I know someone who cashed a check that had "paid in full" written on the memo line; he sued the person for not making subsequent payments and the judge actually ruled in their favor, said he shouldn't have cashed the check if he didn't agree to the terms written on it despite the fact that he had a signed invoice stating they would pay the full amount.