So a pt called in and "doesnt want a copy of her expired prescription" but wants me to read it off to her. The prescription is for contacts and expired 04/2010 and ORIGINALLY SHE WAS A WALK IN RX.
Under these circumstances and because she pulled the "im a lawyer are you refusing to give me my medical information" am i required to TELL her whats on the prescription or is the a law that prohibits me from "reading her a copy" of the RX she brought in that our doctor did not write?
Thanks
I would imagine it depends of the State Laws, but personally I would not do it.
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thanks steve
she just really chapped my hide by pulling the lawyer card and threatening to report me. I tried explaining: 1. the rx is expired and 2. our doctor did not write it and she should call the dr's office who wrote it and maybe he/she could give her the info she needs.
but i was wondering if there are any laws regarding this type of matter in the State of Texas. Im googling but still havent found. thanks again.
If your office was not the prescribing office she might have already called the prescribing one and was refused the information due to the age of the rx. Pulling her lawyer card was meant to intimidate you and it probably works for her in other cases. Good for you for standing your ground!
OK, so you are going to get a patient upset, risk a complaint with a government agency, all over reading her a copy of her medical record? Oh, you might lose the sale of a box of contacts? Really??? You can bet you lost the patient for good! Can you say STUPID? Try being a little more customer friendly or you might find yourself with a complaint with a government agency and out of business all over being hard headed! Its her medical record and yes she is entitled to the info!!!! HELLO!!!!!!!
Sec. 353.152. REQUIREMENTS FOR CONTACT LENS PRESCRIPTION. (a) A contact lens prescription must contain, at a minimum:
(1) the patient's name;
(2) the date the prescription was issued;
(3) the manufacturer of the contact lens to be dispensed, if needed;
(4) the expiration date of the prescription;
(5) the signature of the physician, optometrist, or therapeutic optometrist or a verification of the prescription described by Section 353.1015;
(6) if the prescription is issued by an optometrist, specification information required by Texas Optometry Board rule; and
(7) if the prescription is issued by a physician, specification information required by Texas State Board of Medical Examiners rule.
(b) The Texas Optometry Board and the Texas State Board of Medical Examiners may adopt rules regarding the contents of a prescription for contact lenses.
No she is not entitled to an expired prescription any more that you could ask your pharmacist for the last rx for antibiotics or birth control or anything else that has an expiration date that you had filled there.Originally Posted by marktheeyeguy
And be very careful about flinging the word "stupid" around here. We don't like it at all.
Real Lawyers never pull the "Lawyer Card", what a joke. Anyway..... Great question. Thanks for posing this question, its making me want to research this a little. I'm not sure what records we are required to maintain, how long, or what you must provide in this situation. It seems logical that she should go to her optometrist to ask for this information, why would you have it? She needs the Rx, anything else will do her no good. But....... Here's some links for reading:
http://www.dshs.state.tx.us/contactlens/cl_release.shtm
http://texas.aoa.org/x7061.xml
http://www.tob.state.tx.us/tobFAQ.htm
Why the rudeness? Not very helpful.
My understanding of this is that the Rx has expired AND came from an outside source. This person should be contacting the person who issued the original Rx, not someone who had nothing to do with it.
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This is the correct answer. Your office was not the prescriber. Tell her the name of the Dr if she has forgotten. At that point you've done all you need to.
Thanks. Yes she was a walk in rx in 2010. Our office did not prescribe. I gave her the name and number of the office/DR that did and she said "well they're not open rt now...im a lawyer, are you refusing to give me information in my medical file..."
Ya, that's the thing, you don't have a medical file on her. That is her O.D.'s responsibility. But, you do have a record of the transaction. Pretty sure you don't have to produce the Rx, nor keep it. But what info of the transaction do you have to produce, if any? How long are you required to keep the record of that transaction, if at all?
One might concider that "medical records" if you concider Rx's "Medical Records" have been ruled the patient's property. Then give her the Rx with "expired" stamped on it. You are not refusing to give it to her, but only offering it in written form. Whatever happens after that is not your concern.
Chip
Why upset the patient? It is her medical record, rx. The point is to win over your patient! Why do you find it so difficult to just give the patient their record? HATS OFF TO CHIP! Give her a copy, and truly you do not work for the doctor who wrote it and you should not stamp it expired or write on it unless you are the doctor or work in his office. Altering a rx in any way could spell trouble! JUST GIVE HER A COPY OF HER RX! HELLO THIS IS NOT ROCKET SCIENCE! Ok you get a lot more being nice and helpful! Its how great practices are built! ;)
marktheeyeguy, i think your missing the WHOLE point!
why are they contacting me asking for a prescription that is 1. expired and 2. not prescribed here. giving them any info defeats the whole point of have contact lens prescription laws and expiration dates.
i dont mind losing a patient that abuses contact lens wear. HELLO, she bought 1 box in 2010 and is now calling? Dont need these kind of patients in my office.
Your right, i dont work for the doctor who wrote it there for i dont have to give it to her, the doctor who wrote it does. Who am i to authorize, distribute, fax , copy or read any part of the prescription to them? Sounds like you answered your own question there pal.
Great parctices are not built by paitents who order 1 box of contacts every 1 1/2 years by the way.
Use the force Luke! Its people who are hard to deal with that helped me build my 5,000 square ft free standing super store that grosses 2million last year. Lets think about this. If the patient tries to purchase contacts online they must do a phone verification that the rx is valid. That is her doctors concern not yours. If you give her a copy nobody will fill it because its clearly expired. The patient entrusted you with a copy of her medical record. It belongs to her an by law is entitled to a copy! Why is it so hard to do the right thing and give her a copy of her medical record? You are shooting yourself in the foot! Every patient is worth $10,000.00! Proven fact! People they know, refer and the amount of money they will spend in your office over the years! You see, its not just a box of contacts. I CAN'T AFFORD TO LOSE ONE PATIENT! I hope you are learning something. I am just trying to help you see the big picture. ;)
its usually those who toot their own horn that are quite the opposite. just saying.
and the patient did not entrust me with a copy of her prescription. She used it 1 1/2 years ago to make a valid purchase. Now she wants me to give her verbal parameters of an EXPIRED document which im not authorized or obligated to do.
i guess u have no problem giving out or filling expired prescriptions for patients. hope you have good insurance.
Please show me PROOF that says every patient is worth $10,000.
And yes i am learning that theres a reason LAWS are in place.
I assume the patient brought in a written Rx at the time of purchase which was either kept in your records or copied and given back to her. There is nothing wrong with giving her back the original Rx that was her property to begin with or the copy that you made. Most likely it has an expiration date on it anyway. If you are really concerned you could call the prescribing doctor and ask what they would like you to do.
I'm thinking that verbally giving out the Rx/parameters, while qualifying your office was not the original prescriber and that the legal time had elapsed for its duplication would be sufficient. If another entity fills her verbal recitation without an officila Rx or qualifying confirmation of efficacy, then that's THEIR problem, not yours.
B
Why even jump into that murky water? No one will come out clean.
i've already decided not to give her any info.
BE AN ADULT
GET YOUR EYES CHECK YEARLY IF YOUR OVER 40 WITH MONO VISION CONTACTS.
KEEP UP WITH YOUR PRESCRIPTIONS
AND DONT THREATEN ME WITH YOUR LAWYER CARD
done.
Exactly. Remember this patient didn't ask for a copy of her rx written out, stamped expired or not, she wanted the parameters via a telephone call. I don't know if we are obligated to share that via telephone for valid rx, let alone an expired one. (Seriously, not sure on that) Either way, would it not be a HIPPA situation to give it to her via telephone anyway? Without proof that the caller was the actual patient whose records you are sharing?
If Mark wants to yell about laws regarding access to medical records, that's fine. She is entitled to a written copy of the rx, expired (and marked so) or not. But by telephone is another matter, I'm thinking.
If your office policy is no verbal Rxs as mine is then you simply say "Would you like to pick that up, have it faxed or mailed?"
Regardless of whether or not the rx is expired...how do you even know that the person on the phone is even the person they are claiming to be?
T
That's a good point. Wouldn't it be a violation of HIPAA laws to disclose this info without proper identification?
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