Sacramento, CA asked in Consumer Law for California

Q: CVS pharmacy called my doctor to renew a prescription without my consent. My doctor got mad at me. Script said no refill

I had previously asked not to refill anything without me asking for it. They continuously called for me to renew prescription. They told me they would stop. But over the years they continued the practice. Now my doctor is upset with me for requesting a refill that I didn’t ask for. The prescription clearly states no refills. This practice of automatically refill must be happening to others. Is this illegal? Or just a profit motive?

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3 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: This is an excellent question and you make a great point. There is nothing illegal in what they do (but maybe it should be-ok that the ask you but to ask the doctor is not reasonable).

“No refills” refers not that it cannot be refilled, only that there are no refills on that particular script.

You could ask your local pharmacy to give you a letter explaining that the request was made by them without any input from you.

Hopefully your doctor will understand what your pharmacy did, even without the explanation.

James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, pharmacies may have policies to automatically refill prescriptions to ensure continuous care. However, if you've expressly requested that your prescriptions not be refilled automatically, the pharmacy should honor this request. Violating these directions could be seen as a breach of your privacy and autonomy.

The situation you describe could potentially be problematic. Pharmacies should obtain consent before refilling prescriptions, especially if they have been specifically instructed not to do so. Your consent is crucial in managing your health care, and unauthorized actions can lead to misunderstandings and unnecessary tensions, as seen with your doctor.

It's advisable to address this issue directly with the pharmacy's management to ensure your instructions are clearly understood and followed. Document your request and their response for future reference. If the issue persists, consider filing a complaint with the California State Board of Pharmacy. They regulate pharmacy practices and can investigate complaints about unauthorized refills.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: THIS IS NOT SO MUCH A LEGAL QUESTION AS IT IS YOUR DEALING WITH A SLOPPY FUNCTIONING RX.

DEMAND LETTER RX THAT IT WAS THEIR MISTAKE AND YOU NEVER REQUESTED A REFILL.

IF YOU GET A LAWYER INVOLVED, THEY WOULD ASK FOR A RETAINER TO CALL/SEND A LETTER.

THE EASIEST SOLUTION IF YOU WANT THE COURT INVOLVED WOULD BE TO GO TO A SMALL CLAIMS COURT TO SUE FOR THEIR NEGLIGENCE THAT HAS CAUSED YOU AGGRAVATION. I'M NOT SURE A JUDGE WOULD AWARD YOU ANY MONEY.

I HAVE SAT AS A SMALL JUDGE AND PROBABLY WOULD NOT AWARD YOU ANY MONEY...WITH THE LIMITED FACTS I HAVE.

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