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Unpublished Paper
The Medicine Shoppe v. Loretta Lynch: Pharmacists’ Corresponding Responsibility with Physicians Under DEA Interpretation of the “Legitimate Medical Purpose” Standard
ExpressO (2015)
  • Jeffrey C. Grass, JD, MS, ACLM
Abstract
The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment when evaluating the legitimacy of a controlled substance prescription. Pharmacists must “resolve all red flags” before filling the prescription. The law does not require pharmacists to dispense every medication, especially if they are suspicious. To the contrary, pharmacists who deliberately ignore “red flags” that give them a reason to believe the medication does not serve a legitimate medical purpose may be administratively and criminally prosecuted, along with the issuing practitioner, as a drug trafficker. Drug trafficking is a felony offense, which may result in the loss of one’s COR, professional license or, in recent cases, criminal prosecution. The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment when evaluating the legitimacy of a controlled substance prescription. Pharmacists must “resolve all red flags” before filling the prescription. The law does not require pharmacists to dispense every medication, especially if they are suspicious. To the contrary, pharmacists who deliberately ignore “red flags” that give them a reason to believe the medication does not serve a legitimate medical purpose may be administratively and criminally prosecuted, along with the issuing practitioner, as a drug trafficker. Drug trafficking is a felony offense, which may result in the loss of one’s COR, professional license or, in recent cases, criminal prosecution. The Medicine Shoppe v. Loretta Lynch et al. 14-1223 will assist pharmacists and pharmacy owners in understanding their duties “corresponding responsibility to assure that its prescriptions for controlled substances are issued for a legitimate medical purpose” and “in the practitioner's usual course of professional practice.” In the meantime, pharmacists need to know that they are not immune from administrative, regulatory or criminal prosecution under the CSA solely due to their status. Rather, they are expected to dispense drugs for the bona fide treatment of a patient's disease. Under this regime, he or she must exercise sound professional judgment when evaluating the legitimacy of a controlled substance prescription. Pharmacists must “resolve all red flags” before filling the prescription. The law does not require pharmacists to dispense every medication, especially if they are suspicious. To the contrary, pharmacists who deliberately ignore “red flags” that give them a reason to believe the medication does not serve a legitimate medical purpose may be administratively and criminally prosecuted, along with the issuing practitioner, as a drug trafficker. Drug trafficking is a felony offense, which may result in the loss of one’s COR, professional license or, in recent cases, criminal prosecution. The Medicine Shoppe v. Loretta Lynch: Pharmacists’ Corresponding Responsibility with Physicians Under DEA Interpretation of the “Legitimate Medical Purpose” Standard
Keywords
  • The Medicine Shoppe v. Loretta Lynch: Pharmacists’ Corresponding Responsibility with Physicians Under DEA Interpretation of the “Legitimate Medical Purpose” Standard
Disciplines
Publication Date
November 15, 2015
Citation Information
Jeffrey C. Grass. "The Medicine Shoppe v. Loretta Lynch: Pharmacists’ Corresponding Responsibility with Physicians Under DEA Interpretation of the “Legitimate Medical Purpose” Standard" ExpressO (2015)
Available at: http://works.bepress.com/jeffrey_grass/2/