I was trying to fill a schedule-II narcotic at a lil pharmacy in town... the pharmacist was suspicious and made many calls to my insurance and doctor.. he found out that I had filled the same prescription from a different doc earlier that same month at a different pharmacy. So he kept my prescription and would not give it back and threatened to call the cops on me. Is this legal? I asked for it back at least 6 times and then he got mad and threatened to call the cops if I didn't leave.
Can a pharmacist legally keep my prescription even if I ask for it back? I live in California?
Question posted by howardsshopritefag on 28 May 2010
Last updated on 5 March 2019 by Funnygirl55
3 Answers
Funnygirl55
6 March 2019
First of all I don't think he has a right to take your prescription away. He could have said he would fill it when it's due.These pharmacists nowadays think they can do anything they want to people who are suffering from pain but we have to consider that there's a lot of people who are abusing and selling narcotics everywhere. The problem has reached epic proportions and now everyone has to pay for the problem along with the criminals who started it.. I would just leave and go back to the doctor and explain. If you're not doing anything wrong with your prescription you could even volunteer for drug screens to prove yourself and show that you aren't doing stupid. I'm sorry you have to put up with this terrible thing I have been there myself. I sympathize with your painful experience I've been treated really bad too.
Kayvangale
4 Aug 2015
The script is only good for so many days it varies between 7 to 13 days on average. Plus he the pharmacist probably put your name on a special pharmacy watch list. This is serious if you need a higher dose or it's no longer managing your pain tell your doctor this it's nothing to be ashamed of.
marjorie zych
28 May 2010
Unfortunately yes. It is legal in all states now. If a person is suspected of drug seeking than the pharmacist can and will keep the prescription until a new one is actually due to you. He can also send it back to the doctor who gave it to you, with a letter explaining why he sent it back and then you would have to deal with the doctor. They do it for your own protection and there's as well. If they were to give you the drug and something happened to you or you sold it they could lose their license to run a pharmacy, be fined, jailed or all three. I am surprised that he didn't call the authorities because of the legal issues he could of been in. I am not saying you did something wrong but the pharmacist did the right thing because he was trying to protect you and he has to protect himself too. Hope this answers your question appropriately. Try to put yourself in his shoes and figure out what you would of done in the same situation especially with a schedule-II drug.
howardsshopritefag
28 May 2010
Why wouldn't he just say "I can't fill this for you today, sorry" and give me my prescription back? This happened at another pharmacy ealier this year and they gave me the prescription back and I went on my way. I don't understand why he wouldn't just give it back to me. I felt like he was stealing a possesion of mine, Can I just walk into that pharmacy and steal a bottle of tylenol and say "well if my kid swallows all of these, he can die" I felt like he robbed me.
marjorie zych
28 May 2010
He may have gotten burnt before and got in trouble who knows. Unfortunately it is legal. What you suggested about the Tylenol is not that IS stealing because you are not doing it to protect yourself or anyone else, it would actually be hurting someone out there because if they needed it they wouldn't be able to get it because you took it. He has to follow the law or lose his lively hood. I think you just got lucky with the other pharmacy, they probably didn't want to make a scene where this other pharmacy obviously knows the law and doesn't want to get in trouble if he gets caught. Anyway most insurances will kick it out of the computer if you already got the medicine somewhere else, they are not going to want to pay for it again. Please do not take offense to what I said. You asked if it was legal and I answered. Just trying to help you understand. Take care
howardsshopritefag
28 May 2010
I am not offended at all. I really appreciate you explaining this to me. I just felt really violated when he "stole" something that belonged to me and threatned to call the cops when I asked for it back, nicely. The prescription was 100% legitiment, I just can't believe it is legal for a pharmacist to do such a thing... But you say it is legal and I appreciate your honesty.
marjorie zych
28 May 2010
Glad I didn't offend you I wasn't trying to. I have checked again with my attorney for another opinion but he says the same thing. I do understand why you would feel violated though especially considering it was a legitimate prescription. I don't doubt you because I am not there for one but you do have a right to challenge his decision with the pharmacy board for your state. I did find out that much though. He cannot destroy it, he must return it to the prescriber or you. Good luck to you.
howardsshopritefag
29 May 2010
Thank you for all your help. I'm still flabergasted that a pharmacy would do this, knowing what can happen to me if I suddenly stop taking this medication. Thanks again, you have been excessively helpful.
Stk38208
10 Dec 2011
You can't get the same script from two different docs if it's a c2 drug. It happened to a friend of mine and the pharmacy called the other doc. This was a 70 y/o guy but seeing how they consider these drugs so addicting pharmacist are really carefully. Depending on what state your in all the pharmacies maybe connected.
KevinJB
8 Oct 2014
It's tje same principle when an under-age person attempts to buy alcohol. The cashier can confiscate the ID, and fine both the owner of the ID and the under-age kid. Your only recourse (and why can't you do this??) is to go to the prescriber, explain what happened, and ask for a new Rx. My suspicions are that your Rx was not written by your doc, so you won't return to the office for a new Rx.
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