Prescription Pad Law
Prescription pads are a necessary tool for physicians. The individual sheets contain orders for the pharmacist, ensuring the patient gets the correct drug and dosage. However, these pads are not always used as intended, and there have been cases of misuse, fraud and theft. Both federal and individual state regulations exist for the pharmaceutical industry, and a federal law went into effect in 2009 for these pads.
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General Prescription Pad Laws
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There is a set of federal regulations regarding pharmacy practices, and states also have laws regarding licensing requirements and other matters. Many state laws dictate how prescription pads can be sold. For example, New Jersey prohibits the sales of blank pads. Indiana and Kentucky have required formats for printed prescription pads. California, Florida, and Wyoming, meanwhile, allow pads to be printed only on approved printers, and in New York, all pads must be obtained from the state Health Department.
Tamper-Resistant Prescription Pad Law
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Medicaid is a federal health insurance program for low-income individuals and families in the United States. The U.S. Troop Readiness, Veterans' Care, Katrina Recovery and Iraq Accountability Appropriations Act of 2007 included a new law regarding the use of prescription pads when the drugs are being dispensed to a Medicaid patient. This provision, in Section 7002(b) of the act, was delayed in order to give doctors time to comply but is in effect as of May 2010. Prescriptions given to Medicaid patients must now be on tamper-resistant pads with an approved security feature in order for Medicaid to pay for the prescribed drugs.
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Security Features of a Tamper-Resistant Pad
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In order for a pad to comply with the law, it must have at least one industry-recognized security feature. These include the word "void" appearing in uppercase on any reproductions of the original prescription, a background which is resistant to erasing, a microprinted border, and a watermark on the back visible at a 45-degree angle. The letters "Rx," which disappear when heated or rubbed, are also allowed. It is recommended that all tamper-resistant pads have the security features it uses listed somewhere on each sheet.
Exemptions
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There are some exemptions to the tamper-resistant pad law. In emergency situations, as defined under the individual state laws, the physician may use a noncomplaint pad as long as the pharmacist receives a proper prescription within 72 hours of dispensing the medications. A doctor giving medication directly to a Medicaid patient does not need to use these pads. Non-written prescriptions are also exempt from this law and include prescriptions transmitted by fax or computer by the doctor's office.
Legal Duties of Pharmacists
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Pharmacists are legally required to be aware of and act on possible prescription pad theft or forgery and can be held legally responsible for knowingly dispensing drugs under suspicious circumstances. There are warning signs outlined in the federal statues. For example, a prescription that has a legitimate doctor's name but an incorrect phone or registration number may be a sign of pad theft. Signs of a photocopy, directions written out in full instead of using medical abbreviations, and unusual dosages are also considered warning signs of a forged prescription from a stolen pad.
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References
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