Is it legal for one doctor to tell a pharmacy to void another doctor’s prescription?

UPDATED: Mar 11, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 11, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for one doctor to tell a pharmacy to void another doctor’s prescription?

I was told, after the pharmacy called the ER, that because I have a history of drug dependence the doctor on call today (not the doctor from last night who wrote me the prescription) had told them to void my prescription and so they did. I’m not a drug addict and I’m pretty sure that denying me pain medicine simply because I have a history of drug use is against the law–discrimination. What constitutes discrimination in a situation like this?

Asked on March 11, 2015 under Malpractice Law, Maine


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It is not discrimination, at least no in the eyes of the law: only discrimination specifically barred by law is "discrimination" legally, and no law protects those with a history of drug use. Furthermore, if the doctor felt that it was medically necessary or appropriate to void the presecription based on your history, and that judment was a medically reasonable one (which is not to say that it must be absolutely correct--doctors may differ--just that it is reasonable), then he/she would not have done anything wrong.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption