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Nevada News: When a Pharmacist May Refuse to Fill a Prescription
Reprinted from the July 2006 Nevada State Board of Pharmacy Newsletter.
On May 4, 2006, the Board’s new regulation regarding when and how a pharmacist may refuse to fill a prescription became effective. Under the new regulation, a pharmacist may refuse to fill a prescription if he or she determines in his or her professional judgment that the prescription might harm the medical health of a patient, might be fraudulent, or might not be for a legitimate medical purpose. If a pharmacist makes such a judgment, he or she must contact the prescriber to attempt to resolve the concern. If the pharmacist cannot immediately contact the prescriber, the pharmacist may return the prescription to the patient, may retain the prescription, may make a copy of the prescription and return it, or may dispense up to a three days’ supply (except for Schedule IIs), or any combination of these possibilities.
If the contact with the prescriber verifies the pharmacist’s concern, the pharmacist may not dispense the prescription. If the contact with the prescriber resolves the pharmacist’s concern, the pharmacist may dispense the prescription. This new regulation does not allow a pharmacist to decline to fill a prescription for non-professional reasons such as the pharmacist’s religious, moral, or philosophical convictions. These questions have been left to the Nevada Legislature.
