Redispensing meds in MD office

Does anyone know the law regarding redispensing returned meds in an MD’s
office? When patients D/C their meds or die, the meds are brought here to
the office and we like to give them to needy patients.  I know pharmacies
don’t do this (perhaps they should!), but is it OK  (i.e., lawful) to do
it here? We always put expiration dates on drugs we dispense. Thanks.

9 Responses to “Redispensing meds in MD office”

  1. admin says:

    in response to your question about redispensing meds returned to a
    physicians office—i don’t think it is legal.  i do know that when a
    customer/patient returns meds to the pharmacy (ex md d/c’d the med) the
    pharmacy cannot take them back.  i would think it holds the same for the
    doctors office.  yes, there are expiration dates on the bottles but–those
    only hold if meds are stored under ideal conditions and also, is for the
    patients info to know when the meds need to be destroyed.  as wonderful as
    it sounds to give those meds to needy people, unfortunately, i don’t think
    you can.  
    maddie teller-kook, pharm.d., r.ph.

  2. admin says:

    In <33vapv$…@search01.news.aol.com> nap…@aol.com (Nap531) wrote:

    >Does anyone know the law regarding redispensing returned meds in an MD’s
    >office?

    I’m fairly certain this is legal as long as they are not controlled
    medications (i.e. Class II or III).  However, from a liability
    standpoint you must realize that the medication has been out of your
    control for an extended period of time – older, out of date meds
    could have been put in a newer ‘in date’ bottle, temperature or
    light sensitive meds could have been left on the dash of the car
    for a week, etc.  I would think you might be better off to call
    your local pharmaceutical representative and request professional
    samples.

    Ian Wendt

  3. admin says:

    In article <33vapv$…@search01.news.aol.com>, Nap531 <nap…@aol.com> wrote:
    >Does anyone know the law regarding redispensing returned meds in an MD’s
    >office? When patients D/C their meds or die, the meds are brought here to
    >the office and we like to give them to needy patients.

    U.S. Pharmacy Law varies from state to state. Many states have
    laws which explicitly prohibit this (I don’t have my law books handy so I
    can’t check the states I’ve got books for, nor can I check the
    federal law right now). You need to check with a lawyer in your state or
    whatever other jurisdiction you’re under.

    Even if it is legal you may still be responsible for the for the strength
    and purity of what you dispense. For example, it’s very reasonable to
    expect that many of the patients stored their drugs under conditions
    where the drug would degrade very rapidly. e.g. in a hot steamy bathroom.
    Thus if the drug had broken down to toxic or inactive products and the
    patient got sick due to a toxic breakdown product or whose medical
    condition did not improve or even got worse because you were giving them
    a medication with no active drug in it, you would be responsible. For
    example, redispensing an oral contraceptive which had been improperly
    stored and had such a low amount of contraceptive hormones, that
    the patient became pregnant. Thus even female
    physicians and pharmacists can be liable in paternaty suits. Or take
    many of the caridac meds, small changes in dose can often have
    significant clinical consequences.

    Nor is it that far fetched that someone could give you a drug that has
    been tampered with, or was contaminated in some way. Failure to consider
    this very possible scenario (remember the Tylenol tapering case) would
    leave you open to liability if a patient got hurt.

    Thus regardless what the law explicitly prohibits, it is your
    responsibility to consider what are the risks
    which can be reasonably expected to be associated with redispensing
    drugs, and to guard your patients from these risks.

    I’ld say lack of potency, toxic breakdown products, and tampering are
    risks that it would be reasonable to expect would happen.  

    >We always put expiration dates on drugs we dispense. Thanks.

    How do you select these ‘expiration dates’. Manufacturers expiration
    dates are based on keeping the drugs in the original sealed container
    under specified storage conditions. Even hospitals which repackage
    medications for individual use within the hospital, and really don’t have
    to worry so much (because they store drugs under these conditions) only put
    limited expiration dates on their repackaged
    drugs (i.e. much shorter that the manufacturers expiration date). So since
    you have no idea how these medications were stored, nor
    are prescription vials always ideally suited for keeping drugs long term
    how can you possibly know that the drug isn’t bad before you even
    repackage it. Or do you even repackage it. If you simply put a new label on
    it, without putting it in a new safety vial you’re probably violating the
    poison prevention packaging act (US federal law). Also do you take the
    time to properly
    label the drug and keep records. The physician is bound by the same laws
    and requirements as the pharmacist. Which reminds me, how do you know
    what are the lot numbers of medications you dispense, it’s usually not
    put on a prescription label. What if there’s a recall of
    a specific lot of a medication, how do you know if you’ve dispensed it,
    and are you going to be able to contact your patients to tell them to
    return it.

    Also check with the manufacturer. Sometimes they have programs to
    provide medications to needy patients.

  4. admin says:

    Ian –
      Wait a second or two…someone returns drugs to a physician’s office
    and the drugs are dispensed to another patient…what is wrong with this
    picture:
       Why are the drugs returned?  Death, Did not work, Wrong meds?
       Who are the meds being dispensed to?  Poor?  How much did you pay?
    How much is the carrier paying?
       When is this occuring?  Ultra highcost drugs – interferons,
    oncologly preps…?
       How does this practice occur?  Physician?  Office Nurse?  Unskilled
    office worker repackaging unwanted, used prescriptions?
    .
      Seems to me that the boards of medicine and pharmacy should be asked
    to comment.

  5. admin says:

    In article <33vl43$…@ixnews1.ix.netcom.com>,

    Ian Wendt <IanWe…@ix.netcom.com> wrote:

    >….. temperature or
    >light sensitive meds could have been left on the dash of the car
    >for a week, etc.

    I’m always amazed at how most people have no concept of proper medicine
    storage.  In cars in the summer sun; medicine cabinets in humid, steamy
    bathrooms; kitchen counters/cabinets right next to (or above) the stove,
    oven, coffeemaker.  I’ve also seen many instances of what could be an
    especially unpredictable practice, which is storing many pills/capsules
    of different types, in the same bottle!  Women do this all the time so
    that multiple bottles don’t clutter up their purses.  I’m sure that
    99% of the time, none of this really matters very much, BUT it could…..

    laure…@fx.net

  6. admin says:

    In article <33vapv$…@search01.news.aol.com>, nap…@aol.com (Nap531) says:

    >Does anyone know the law regarding redispensing returned meds in an MD’s
    >office? When patients D/C their meds or die, the meds are brought here to
    >the office and we like to give them to needy patients.  I know pharmacies
    >don’t do this (perhaps they should!), but is it OK  (i.e., lawful) to do
    >it here? We always put expiration dates on drugs we dispense. Thanks.

       Illegal, Illegal, Illegal!  At least here, in Illinois.   Once a drug
    leaves a pharmacy (or MD office), it may not be returned to stock and
    redispensed.  The law stands because once a drug leaves the custody of a
    pharmacy, there is no way to assure that the drugs have been appropriately
    stored and/or not tampered with.
    -Paul Sovcik, PharmD      University of Illinois

  7. admin says:

    - Hide quoted text — Show quoted text -

    In article <33vl43$…@ixnews1.ix.netcom.com> IanWe…@ix.netcom.com (Ian Wendt) writes:
    >In <33vapv$…@search01.news.aol.com> nap…@aol.com (Nap531) wrote:

    >>Does anyone know the law regarding redispensing returned meds in an MD’s
    >>office?

    >I’m fairly certain this is legal as long as they are not controlled
    >medications (i.e. Class II or III).  However, from a liability
    >standpoint you must realize that the medication has been out of your
    >control for an extended period of time – older, out of date meds
    >could have been put in a newer ‘in date’ bottle, temperature or
    >light sensitive meds could have been left on the dash of the car
    >for a week, etc.  I would think you might be better off to call
    >your local pharmaceutical representative and request professional
    >samples.

    >Ian Wendt

    Redispensing drugs is not legal….
    Most health professionals try to help people, not provide a vehicle to
    spread disease; through redispensing drugs…
    Reed Bonham

  8. admin says:

    - Hide quoted text — Show quoted text -

    In article <33vqfh$…@news.u.washington.edu> k8821…@u.washington.edu (Ronald Kavanagh) writes:
    >In article <33vapv$…@search01.news.aol.com>, Nap531 <nap…@aol.com> wrote:
    >>Does anyone know the law regarding redispensing returned meds in an MD’s
    >>office? When patients D/C their meds or die, the meds are brought here to
    >>the office and we like to give them to needy patients.

    >U.S. Pharmacy Law varies from state to state. Many states have
    >laws which explicitly prohibit this (I don’t have my law books handy so I
    >can’t check the states I’ve got books for, nor can I check the
    >federal law right now). You need to check with a lawyer in your state or
    >whatever other jurisdiction you’re under.

    >Even if it is legal you may still be responsible for the for the strength
    >and purity of what you dispense. For example, it’s very reasonable to
    >expect that many of the patients stored their drugs under conditions
    >where the drug would degrade very rapidly. e.g. in a hot steamy bathroom.
    >Thus if the drug had broken down to toxic or inactive products and the
    >patient got sick due to a toxic breakdown product or whose medical
    >condition did not improve or even got worse because you were giving them
    >a medication with no active drug in it, you would be responsible. For
    >example, redispensing an oral contraceptive which had been improperly
    >stored and had such a low amount of contraceptive hormones, that
    >the patient became pregnant. Thus even female
    >physicians and pharmacists can be liable in paternaty suits. Or take
    >many of the caridac meds, small changes in dose can often have
    >significant clinical consequences.

    >Nor is it that far fetched that someone could give you a drug that has
    >been tampered with, or was contaminated in some way. Failure to consider
    >this very possible scenario (remember the Tylenol tapering case) would
    >leave you open to liability if a patient got hurt.

    >Thus regardless what the law explicitly prohibits, it is your
    >responsibility to consider what are the risks
    >which can be reasonably expected to be associated with redispensing
    >drugs, and to guard your patients from these risks.

    >I’ld say lack of potency, toxic breakdown products, and tampering are
    >risks that it would be reasonable to expect would happen.  

    >>We always put expiration dates on drugs we dispense. Thanks.

    >How do you select these ‘expiration dates’. Manufacturers expiration
    >dates are based on keeping the drugs in the original sealed container
    >under specified storage conditions. Even hospitals which repackage
    >medications for individual use within the hospital, and really don’t have
    >to worry so much (because they store drugs under these conditions) only put
    >limited expiration dates on their repackaged
    >drugs (i.e. much shorter that the manufacturers expiration date). So since
    >you have no idea how these medications were stored, nor
    >are prescription vials always ideally suited for keeping drugs long term
    >how can you possibly know that the drug isn’t bad before you even
    >repackage it. Or do you even repackage it. If you simply put a new label on
    >it, without putting it in a new safety vial you’re probably violating the
    >poison prevention packaging act (US federal law). Also do you take the
    >time to properly
    >label the drug and keep records. The physician is bound by the same laws
    >and requirements as the pharmacist. Which reminds me, how do you know
    >what are the lot numbers of medications you dispense, it’s usually not
    >put on a prescription label. What if there’s a recall of
    >a specific lot of a medication, how do you know if you’ve dispensed it,
    >and are you going to be able to contact your patients to tell them to
    >return it.

    >Also check with the manufacturer. Sometimes they have programs to
    >provide medications to needy patients.

    I WOULD BE INTERESTED IN A STATE THAT ALLOWS REDISPENSING?
    PLEASE EMAIL ME WITH THAT STATE?
    REED

  9. admin says:

    All I can tell you is that Connecticut Pharmacy Law prohibits pharmacies from

     I I can tell you is that Connecticut Pharmacy Law probohibits pharmacies from
    redispensing returneerned drugs because of concerns about "uncontrolled
    contamination"that is to say,improper storage conditions,dating,recalls from
    specific batatch numbers,etc
     You don’t know what,where,or how these drugs have been stored,or
    whatconditions they may have been exposed to. I applaud your humanitarian
    ambition, but I think a physician’s office should adhere to the same rigoorous
    restraints that applyy to pharmacies
     Hope this helps.

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