Guest guest Posted July 28, 2008 Report Share Posted July 28, 2008 Dear ALL, especially Jule, I waited to respond because I wanted to get permission from a memmber who had written an email privately to me one day before Jule posted last on this topic. I felt it may shed some light. I got the okay this morning and a reply to my instruction. I will post the original email and my first reply here and follow up with the second email and my reply: The following was sent to me during the heated discussion between Joe Medina, Jule Barta, myself and others regarding if a tech can take a verbal order over the phone and offering alternative suggestions: " I've been following the dialog on the site about techs contacting the doctor and suggesting alternatives. My company uses PDX and when we get a reject for a particular drug it also gives acceptable alternatives. I don't know if this is a function of all PDX programs or just ours. I print out the reject page with the alternatives listed and pass that and the script down to the RPh. We are a clinic pharmacy, and I don't know if that makes any actual difference, but I'm the one that usually call the doctor's office and speaks with the nurse, or leaves a message, telling her of the rejection and informing her of the alternatives. Although I usually know which drugs are preferred on our formulary I never make these calls without the RPh seeing the reject first. It's pretty rare that the doctor will call back with a change, it's almost always the nurse calling us back; I think I'd be mighty suspicious if any nurse made a drug change on the spot without consulting the doctor first. At one point my RPh, who I absolutely love, would get annoyed with me for not taking down the drug change when the nurse called back but he is completely broken of this habit now - I absolutely refused to do it. I've taken on alot of work for him, ordering, billing, inventory, etc, the list goes on, but when it comes to areas like this I will not do it. I'm still refusing to do the CII book and he's stopped expecting me to. Yeah! " " Another twist at our pharmacy is the collaborative agreements, CA's, that my RPh has with several doctors within our system. These agreements allow him to switch from one drug to another, within preset parameters, at his discretion and without first contacting the doctor. After he has made any type of switch he goes into our company's patient database( that only authorized and trained people can access) and leaves a note in that patients profile and in the RPh notes indicating what switch was made and when. These CA's only cover certain types of meds within the doctor's scope of practice, the OB-GYN's don't do BP meds, etc., and the only involvement I have is that I need to know which doctors have CA's with us so I can tell the RPh when I get a drug rejection; we switch it right away and clear out the rejection. In our area (location) my RPh is the only one who has set up these agreements, although the company would like other RPh's to do it. My RPh is the only PharmD in our area who is in his age bracket, 30+ years old, so that might have something to do with it. Some doctors don't want to participate. I have on occasion written out the script for the change, but my RPh always signs it. I don't feel real comfortable doing this yet but my RPh assures me it's all legal and legit. " Name Withheld For obvious reasons the above person cannot give his/her name. But this person is in the state of Wisconsin which is relevant to the topic. On July 22, 08 via email I asked this person IF I could post this. I also responded to the above email and questions posed to me privately in the following manner: " Dear Naem Withheld, Always a pleasure to hear from you. I would like to thank you for your well written description of what happens at your pharmacy. Glad to see you putting your boss in the 'pharmacists' place! I do not know how legal or illegal writing down a script is in your state. To my knowledge this is not legal. It is legal for a tech to write a script from a recording, fill it and have a pharmacist check it. But what I do not know is this: does the pharmacist sign it or must he/she rewrite it in his/her writing?. So if your state does allow techs to write a script from a recorded message then I would not write out that script that you spoke of. However it is legal for a nurse or other physician's assistant to write a script and then have the doctor sign and date it. A physician MUST sign and date all scripts including CS scripts EXCEPT in states that do not allow this. (Recent law change, however a pharmacist is not a doctor or physician, but the law may read prescriber, in that case one who writes the prescription is the prescriber). I hope this makes sense to you. Just DON'T under any circumstances DATE the script! (of course do not sign it). CHECK your state laws yourself meaning do not allow the pharmacist to TELL you that it is legal. This is NOT a defense in a court of law. He has wanted you to do other things that are not legal (CS CII stuff). Do not fall for this. Be responsible and check out the law yourself to feel more comfortable or to put the written law under his nose if he is wrong! May I please post this real live scenario as I believe it will help others who just do not understand the law or are being told by their pharmacists what is law and what is not but are wrong. Hope this helps you. Let me know. Love ya Jeanetta Mastron CPhT BS " Okay all I will follow up with this person's reply that I got back JUST this am! Respectfully, Jeanetta Mastron CPhT BS Founder/Owner of this site > From: Jule Barta <julebarta@...> > Subject: Re: calling a doctors office > > Date: Tuesday, July 22, 2008, 6:33 PM > > Joe I am so sorry that I did not respond to you about your books. I have had > several students use them and think they are great. I have asked the > students themselves to email and thank you. I am very disappointed to hear > that none of them did so. So far my students have had a 100% pass rate this > year and I owe part of that to you Joe, Jeanetta and several others on this > list. Again thank you for your generous gifts! I make the students return > the books after the test so others may continue to learn. > > Why I teach my students to research alternatives in my class. > Most often it is the tech calling the doctor's office and relaying a message > to a nurse of medical assistant. Very rarely in a retail setting have I > talked directly to a Doctor. Several of the pharmacists I had would tell me > to make the call give the information and then get them when the doctor was > ready to talk to them. > Remember my students are taught to look up alternatives and inform the > pharmacist " these are what are covered what do you suggest the doctor change > it to " I also spend a lot of time going over what questions my students can > and cannot answer. If a doctor gets on the phone the students are taught to > immediately transfer it to the pharmacist as they can only relay the > information that was confirmed by the pharmacist. They can not offer any > advice or opinion. > My experience is in retail, and remember the majority of the time we are > just leaving messages. If the technician can look up the information and > have alternatives ready for the pharmacist he/she can then make the > therapeutic decision. > > In a hospital setting it is much different and there pharmacists usually > talk directly to the doctors. > > I will disagree on techs being able to take new prescription orders. I think > they should be allowed to do this. I do believe they should receive higher > training and pay for this. What is the difference a medical assistant > repeating an order to the pharmacist (which is legal) who may have received > little to no training, a nurse leaving a message on an answering machine and > not talking directly to a pharmacist, a 1st year intern taking a new > prescription, or a tech taking the information? All are perfectly legal > except for the technician who in my experience often has more training than > the pharmacist intern or medical assistant. > Yes if questions arise the pharmacist should be brought in. Yes all the > prescriptions should be reviewed and verified by the pharmacist. There are > my 2 cents. > > Julette Barta CPhT, BSIT, MA Ed. > Pharmacy Instructor > CRY-ROP > PO Box 8640 > 1214 Indiana Ct. > Redlands, CA 92374 > Cell 951-741-4011 Fax 909-793-6901 > > > > Internal Virus Database is out-of-date. > Checked by AVG Free Edition. > Version: 7.5.503 / Virus Database: 269.15.31/1130 - Release Date: 11/14/2007 > 9:27 AM > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 28, 2008 Report Share Posted July 28, 2008 Dear All, This was the reply that I got back today July 28, 08 about a week after the original was sent and my reply on July 22,08: Dear J., Sorry I didn't get back to you before now. Had some personal business to take care of. The site is such a valuable learning tool. (I really wish I was more comfortable posting directly onto the site but I'm not - someday I will be for now I'm not.) After I got your reply I questioned my RPh about my writing out scripts of any kind. He does not remember if I've written out any for his CA's, he now says I am not allowed to do this and he does them all - kind of a flop from what he said previously, but perhaps he's had some time to mull it over, but he recalls I do write out the ones for patients that are discharged from the hospital, he says those scripts are just a transfer. When a patient is out of refills I can generate a call doctor slip that PDX faxes automatically and then prints out - I have taken an authorization over the phone and written the number of refills authorized on that printed out fax form. When asked if he knows for absolute sure that my doing these things is 100% legal he had to admit that he was only pretty sure. I said I was going to do some checking on the state (Wisconsin) site and would present him with that information so we would both know what is and isn't allowable. I will also be searching through all scripts for the last 7 months to be sure anything I may have done falls within those allowable limits and whatever isn't he will be writing over. He is very agreeable to all of this. Here is what I've found from my state site - I can take the oral authorization 'providing there are no changes to the original prescription order' - this would cover the oral authorizations I get from the call doctor fax PDX generates. I can also 'accept written and electronic prescription orders of the prescribing practitioner or his/her agent' - this one is kind of snaky. This should cover the hospital discharge orders with continuing and new drug orders included but it's not very specific is it? NO WHERE did I find that I can write the scripts for the CA's. I can NOT 'make independent theraputic drug selections' and ' may not participate in final drug regimin screening, including screening for thearputic duplication, drug to drug interactions, incorrect dosage, incorrect duration of treatment, drug allergy reactions and clinical abuse or misuse'. I think " final " is the operative word here, if I provide the RPh with copies of the PDX DUR and rejects I'm not actually doing the " final " anything but if I override those things, as we are all trained and given the override codes to do, then I am deciding the " final " outcome, aren't I? I'll need to be more careful in what I do - override only the insufficient quantity, generic available rejects. My regular RPh is on vacation until August 3rd so I can't discuss any of this with him until then. I was off on Wednesday and he left on Thursday so I haven't seen him since last Tuesday. When I came in Thursday, I worked with a RPh I had only met once and had never worked with, and my RPh had left me a pile of notes with lists of things for me to do that he didn't get done before he left. One of the things was 'check in the CII delivery'. I immediately gave that to the sub RPh and said I'm not doing this. That poor RPh!! He spent ALL day reconciling the CII book. Nice that he did that BTW. First off he couldn't find all the 222 copies to write in what my RPh hadn't done yet, one of those that my RPh had sent off to our supplier without keeping a copy; that came later that day. He also found 4 different drugs that were off, one as much as 300+ tablets. I'm so glad I decided to not have anything to do with that book! Friday we got another drug order in and more CII's, which I gave to a different sub RPh, a pharmacist I know and have worked with before, again saying at this store it's the RPh's responsibility. He said he wasn't going to do it because he's just a float and I'm the regular employee. I was firm in my refusal. He set it aside and it has yet to be done. His attitude about this ticks me off as he has told me for the last 4 weeks that I have to have ALL our bubble packing done before it was his turn to fill in as he wasn't going to do any bubble packing - we inherited this packaging from his store when it was closed and he did it all the time then, alone too as he had no tech ever. I told him he didn't have to do the packing as I did that, all he had to do was check it but he was adamant that he wasn't going to do any of that either. I saw or talked to him almost every day in July and every time he said 'get that packing done because I'm not doing it'. I busted my hump to get it done - I didn't manage to get it all done but I did get all the really big ones done so all he has to check are the 1 to 3 pill ones but he's not happy about having to do even that. Now he can insist that he's not doing something, and he's a regular float, our store does bubble packing and he knew we do it at the end of the month when he would be filling in, but I can't be equally insistent that I'm not doing the CII book? That just doesn't sit so well with me. I work with him today and tomorrow yet and I'm sure those CII's will still be sitting there Wednesday morning. I have decided that I've discovered there are 3 types of male RPh's - I haven't worked with a female RPh yet within this medical group – 1. The ones who view techs as just a step up from a clerk, with no applicable knowledge whatsoever, forcing them, mighty pharmacist, to do everything, except run the cash register of course. 2. The ones who view themselves as above all " menial " tasks - they're the PHARMACIST, they don't answer phones, run the register, enter scripts, count, label, anything except counsel the patient - it's the techs job to do all those things. The RPh I work with today and tomorrow is of that type, he counsels only and the rest of the time he's surfing the net. 3. The third type is the one who views the tech as an almost equal partner and is willing to train and teach, allowing the tech to grow - this would be Sam. What I have now discovered from your site, techs helping and teaching techs, is that if you have the great fortune to be aligned with a RPh of the 3rd kind to count yourself lucky but also to look out for yourself too. That 3rd type may ask you to do something that isn't within the parameters of what a tech can do, not done maliciously, but likely for the sake of learning and simply because he's not aware of what a tech can and can't do. As you said it's the tech's responsibility to know what is and isn't allowed and ignorance is not a defensible position. (This situation is an excellent example of why all techs should belong to at least one state and/or national pharm tech group.) I had formal schooling, with law classes, and I still had to look at the statutes (recently) to answer these questions that come up, how does someone who just self-studies for the PTCB or ExCPT exam work on a day to day basis with confidence he or she are not breaking a law ? That'd be a whole other discussion;-) I have included this link to my state's pharm tech laws. http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates & fn=default.htm & d=stats & \ q=pharmacy%20technicians Sorry this is so long again. Do what you will with whatever I've written - as long as identifiable references are removed. (I don't want my RPh to get in hot water and I plan to fix whatever may be outside my legal parameters.) As a somewhat new tech I'm happy to serve as either a good example or horrible warning to other newer techs. Thanks for all your help......again!! Take care of you. Chat with you soon. Name Withheld " Hree is my reply today this am: " Dear Name Withheld, I am so very proud of you for taking and following my advice and standing up to this pharmacist as I instructed you regarding the CII's (form previous emails). Likewise for standing up to him and the others regarding what you will and will not do due to your scope of practice and the law. Kudos for taking my advice and looking up your state law. You are right: 1. You can take an authorization for are fill as long as there are NO CHANGES to that order, including the quantity!!!!! 2. You are correct you can NOT make independent therapeutic drug selections' and ' may not participate in final drug regimen screening, including screening for therapeutic duplication, drug to drug interactions, incorrect dosage, incorrect duration of treatment, drug allergy reactions and clinical abuse or misuse'. But you CAN show or suggest to your pharmacist any potential errors in the above so that he or she can make the final changes and check. 3. The reason that you did NOT find that you can write the scripts for the CA's is that you can not write a prescription even if your pharmacist dates and signs it, from the law that you have quoted. Recall " NO WHERE did I find that I can write the scripts for the CA's. " Wisconsin is not one of the laws that allows a tech to take a new verbal order over the phone or otherwise. Only written or faxed scripts may be taken by a tech in your state as well as all but 41 other states. (see my previous postings on this). See point #4 for a continuation of this topic. 4. So to answer specifically your question you may accept WRITTEN hospital discharge orders with continuing and new drug orders, but you may NOT accept oral or verbal live new orders. It is not clear to me whether or not you are allowed to accept a recorded verbal order because you have not indicated that Wisconsin state law says so. But if you do I would suggest that your RPh re-write it on a Rx pad in total with his/her handwriting (not just all except the date and signature). This would show that he or she definitely listened to it before it was dispensed with a final check, removing you from the equation. 5. You are correct that if you provide the RPh with copies of the PDX DUR and rejects that you are not actually making any suggestions for therapy and you are not doing the " final " anything. You are also correct that if you override those things, even if given the override codes by the pharmacist, as many techs are trained to do and believe it is okay to do because a pharmacist said so; IS a final decision and a judgment call and NOT acceptable within the scope of practice for any pharm tech!!! You are correct YOU as a technician can not override these things listed above as it is a " final " outcome. You are correct that you will need to be more careful in what you do. As far as over riding only the insufficient quantity you are correct and placing the specific generic substitute for th4e specific trade ordered by the doctor. Any other substitution must be entered and documented by a pharmacist. 6. I agree with you about the three different pharmacists! And then some I have my own theory on the Newbies. 7. I also agree with you on your comment: " I had formal schooling, with law classes, and I still had to look at the statutes (recently- thank you for the advisement) to answer these questions that come up, how does someone who just self-studies for the PTCB or ExCPT exam work on a day to day basis with confidence he or she are not breaking a law? That'd be a whole other discussion;-) " and my comment back is the tech must check out the state and fed law quarterly! Take CE's on law as often as possible, check out news on the state board site and as you also stated belong to a tech organization, preferably one with a state or local chapter. Take care and thanks for allowing me to post this on the site. I think we can all learn from it. Love ya Jeanetta " Respectfully, Jeanetta Mastron CPhT BS Pharm Tech Educator Founder/Owner of this site Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 28, 2008 Report Share Posted July 28, 2008 Hello Everyone, Just so everyone knows I NEVER give information to a doctors office. The pharmacist did not reccommend anything. It was just a case where the customer didn't want to pay $44 for something. So the doctor was called to see if the patient could get something else. _,_._,___ Quote Link to comment Share on other sites More sharing options...
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