The cost of dispensing meds without a prescription

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CLEVELAND (AP) - Omnicare will pay $50 million to settle allegations that it

improperly dispensed drugs for nursing home patients without a doctor's signed

prescription since 2007, the government announced Friday.

U.S. Attorney Dettelbach said at a news conference that it was the second

largest monetary settlement nationally in the history of the Controlled

Substances Act regulating drugs.

The Covington, Ky.-based company, which sells drugs to long-term care providers

like hospitals and nursing homes, said there were no allegations that drugs were

illegally diverted to someone without prescriptions and no patients were harmed.

The charges stemmed from a previously announced investigation by the Drug

Enforcement Administration.

At issue was how pharmacy managers communicate with doctors who write

prescriptions for controlled substances.

The civil penalty resolves government claims that Omnicare improperly dispensed

addictive painkillers and other drugs to patients at nursing homes and other

health-care facilities it serves, sometimes dispensing without prescriptions.

Even with a prescription, the medication order sometimes omitted the drug name,

dose, strength and quantity, the government said.

Asked about the motive, Dettelbach said the case was a civil matter, not

criminal, and added, " There is a lot of profit that happens with the

dispensation of high volumes of these medicines. "

Dettelbach said the case was meant to send a message. " Doctors need to be

involved in the key care decisions regarding patients involving providing these

controlled substances, " he said.

Omnicare said that the settlement with the Justice Department recognizes that

whoever prescribes a drug must either sign an order containing all of the

elements of the prescription or, in emergency situations, speak directly to the

pharmacy.

Omnicare said that pharmacies in long-term care facilities have historically

operated in a less defined " middle ground. " Sometimes they dispensed drugs on

the instruction of staff at the facility.

" We believe this settlement provides long-term care pharmacies, long-term care

facilities and prescribers with clear direction regarding the procedures that

must be followed when dispensing controlled substances, " Omnicare CEO

Figueroa said.

Shares of Omnicare Inc. rose 72 cents, or 2 percent, to $35.18. The stock has

$20.36 and $36.48 over the last year.

Dettelbach said nurses or others involved in giving patients drugs that were

improperly dispensed by Omnicare were not the focus of the investigation.

S. Kalman PhD, RD, FACN

Director, BD - Nutrition & Applied Clinical Trials

Miami Research Associates

6141 Sunset Drive - Suite 301

Miami, FL. 33143

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