Federal Law???

Posts: 171
Joined: 2008-04-22

I called the pharmacy today to ask what generic they used when filling norco 10/325 and the pharmacist told me that it was against federal law to disclose what generic he uses unless he has the script in hand.  I have never had this happen at any other pharmacy.  Does anyone know if this is true?




Posts: 865
Joined: 2006-04-12
I highly doubt the

I highly doubt the pharmacist was telling the truth because I have heard tons of people on this forum talking about calling pharmacies and getting manufacturers for generics. I guarantee you it was just because it was a controlled substance and they have some office policy about that.



Posts: 136
Joined: 2006-08-17
Rights

Hey Hydro- from my own personal experience; I lived in Illinois for all my life up until a year ago , moved to beautiful southern Arizona. Both states upon my asking the Pharmacist I was informed that what they carry from different Pharmaceutical companies, you have the right to ask. I detest Mallinkrodt norco (burns up my stomach & they stink)my Safeway pharmacy started carrying them & I would always receive Qualitest. One time I got the Mallincrodt & I asked them if I could please get the Qualitest.They were very nice and ordered the Qualitest and it is noted on file to fill my script with that brand only. hope this helps!

 




solo5010's picture
Posts: 1227
Joined: 2005-10-06
Hydro, there is definately

Hydro, there is definately not a fed law that says they cant tell you what brand they carry. However there isnt a law that says they have to tell you what brand they carry either. side note, they are usually required to tell you the price over the phone for all medications (state laws, not fed) but a lot of pharmacies will say they arent allowed to for controlled meds (they think it protects them from Oxy break in's. I guess if they give you a price you know they have them in stock ). I would call the pharmacy back, ask to speak to the Pharmacist and ask again. If s/he says its against the law again, ask what part of  Title 21 Controlled Substances Act part 1306 says its against the law? Or specifically what state legislation forbids? I also advise looking up your states legislation reguarding pharmacies, or emailing your states board of pharmacy general contact and asking them if its against the law and if so, what legislation specifically.



kirby's picture
Posts: 3677
Joined: 2004-12-26
Available Generics

Quote:
...the pharmacist told me that it was against federal law to disclose what generic he uses unless he has the script in hand

 

I always call around and ask - not because I'm particular or think one generic is better than another. It's just that I agree with the old saying "Variety is the spice of life." Besides, I want different ones to photograph!Laughing

Back to the original statement that it's against federal law to disclose... NOT TRUE. It's not federal law.

It's possible your particular state has some law that prohibits the pharmacist from disclosing this information, but it's not US law.

If your state does prevent disclosure, then that's ridiculous. The consumer should always be able to make a choice of what he purchases and consumes, whether it be a brand of cereal, lettuce from a certain locale or a particular manufacturer's pharmaceutical.

If your pharmacist is telling the truth, then this a lawsuit waiting to happen.

The consumer is the end user and most important person involved (since he's the decision maker), and he is entitled to purchase the brand he believes will benefit him.


I'm not a pharmacist or a medical doctor. This message is not medical advice nor is it an offer to provide medical advice. All drug identifications should be validated by a licensed MD or pharmacist.



Posts: 171
Joined: 2008-04-22
Every other pharmacy that I

called in my area told me the price as well as the brand they used.  I don't know,  this guys whole attitude stunk.  I think he thought that I didn't have a legit rx. 



Posts: 1027
Joined: 2007-04-12
The pharmacist's statement

The pharmacist's statement probably does do a lot to discourage questionable narcotic prescriptions or questionable narcotic users from using his pharmacy, which is probably his intent.  Effective, yes.  Legal, yes.  Ethical, ?.  Maybe he just realized someone got away with passing an illicit script for some narcotic and he was just peeved about that when you called.       




Posts: 171
Joined: 2008-04-22
Questionable??

Are you implying that I am a "questionable" narcaotics user? or that my rx was questionable?  This pharmacy has only been open for 1 month.




gtrplayer's picture
Posts: 2681
Joined: 2006-08-22
I do not aim to speak for

I do not aim to speak for Dr. Lois, but I can tell you that the implication was not towards you. It was an "in general" statement, meaning that perhaps the pharmacist realized that he/she had just filled someone else's illegal script. 

But, I think if a pharmacy is only open for one month, and is already getting calls about what generic narcotics they carry, the pharmacist is already pounding his head against the wall.

gtrplayer




KK's picture
Posts: 142
Joined: 2007-05-01
When I was using the

When I was using the Duragesic Patches, I called my Pharmacy and asked them if they had the Mylan brand and the 75mcg strength and the Pharmacist told me that she couldn't relay that info over the phone b/c they were afraid of being robbed if someone knew that they had it in stock. She said she had to have the actual script in her hand. She said it goes for ALL narcotics/controlled substances. I live in Georgia and that was the first I've heard of it.

KK



Posts: 171
Joined: 2008-04-22
sorry

Sorry if I came off sounding like an ***.  That was not my intention.  Its just that prescription drug abuse is rampant where I live.