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Thread: Legally speaking....

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    Redhot Jumper Legally speaking....

    Imagine this scenario for example...patient comes in, in a panic. He lost his glasses, it's Friday afternoon. He can't legally drive without his specs, or function normally (-6.25 ish OU), So I call the O.D. 's office they tell me "I'm sorry but the Doctor is gone for the day so he can't sign off on the RX, and he won't be back until Tuesday." Isn't it illegal for the office to withold this info from me or the patient? This poor guy now has to go 4 days without his glasses. So what do you guys think??

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    Screw the regs, if you know the Rx from neutralizing his broken glasses, edge him a new pair. This is totally justifiable and is all about the service, something most OD's wouldn't know about.

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    Quote Originally Posted by eyemanflying View Post
    Screw the regs, if you know the Rx from neutralizing his broken glasses, edge him a new pair. This is totally justifiable and is all about the service, something most OD's wouldn't know about.
    You might want to remember that unlike opticians, ODs have a professional responsibility, oath, regulatory board, liability insurance and a MUCH higher likelyhood to be sued or have their licence (therefore their livelyhood) suspended than an optician.

    What would I do? I'd make the lenses and not tell the OD.

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    OptiBoard Professional Ory's Avatar
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    Quote Originally Posted by renee1111 View Post
    Imagine this scenario for example...patient comes in, in a panic. He lost his glasses, it's Friday afternoon. He can't legally drive without his specs, or function normally (-6.25 ish OU), So I call the O.D. 's office they tell me "I'm sorry but the Doctor is gone for the day so he can't sign off on the RX, and he won't be back until Tuesday." Isn't it illegal for the office to withold this info from me or the patient? This poor guy now has to go 4 days without his glasses. So what do you guys think??
    Stupid patient. If you can't function without something, why the heck do you only have one?

    Why is it suddenly the doc's (or your) responsibility to fix him up on a Friday outside normal business hours. And what if you didn't have the lenses in the office. Come on, it's time for a little personal responsibility.

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    Quote Originally Posted by eyemanflying View Post
    Screw the regs, if you know the Rx from neutralizing his broken glasses, edge him a new pair. This is totally justifiable and is all about the service, something most OD's wouldn't know about.

    From what? They're lost, not broken.

    Quote Originally Posted by Ory View Post
    Stupid patient. If you can't function without something, why the heck do you only have one?

    Why is it suddenly the doc's (or your) responsibility to fix him up on a Friday outside normal business hours. And what if you didn't have the lenses in the office. Come on, it's time for a little personal responsibility.

    Agreed fully. That being said though, it's besides the point. This person is in need now, and has come to you for help. Why would the doc have to sign off on the Rx? Come on. There's no rubber stamp in a drawer somewhere? Doubtful. Give the RX over the phone and help this guy out.

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    Bad address email on file CFranz's Avatar
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    From the original post it appears that the patient lost his glasses, so there are no lenses to neutralize, which would have been a perfectly acceptable solution considering the situation.

    As for the patient's needs this weekend, the dude's TSOL. Needless to say, but someone with an rx that strong should have a backup pair (even if it's just a basic and ugly cheap pair). After this weekend it shouldn't be too hard to talk them into buying a second pair.

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    Quote Originally Posted by Ory View Post
    Stupid patient. If you can't function without something, why the heck do you only have one?

    Why is it suddenly the doc's (or your) responsibility to fix him up on a Friday outside normal business hours. And what if you didn't have the lenses in the office. Come on, it's time for a little personal responsibility.
    I'll second that. I had a guy come in with broken -8.00s. Rx expired 2 yrs ago. He had no spare. He was mad because he had to take a day off work. We couldn't get him in until the next day, so now 2 days off. He started cussing saying how "stupid" this was. I politely reminded him that I was the only guy in a 90 miles radius that could get him his specs today. Since he couldn't drive, he got nice pretty quick.
    He still only got one pair. Come to think about it, that was about 2 years ago. It's about time for the specs I sold him to self-destruct;)

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    Master OptiBoarder rbaker's Avatar
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    I can feel the love and compassion that some of you are exhibiting right through my keyboard. I would make up a pair of glasses for this poor soul as soon as possible. If the customer has no Rx or cant get a copy of an Rx it would just cause me to perform an expedient quicky refraction from my stock of SV lenses (actually, every self respecting Optician should have a trial frame and a complete set of trial lenses.)

    Lets let common sense and compassion govern our actions rather than idiotic self serving regulations.

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    Quote Originally Posted by Ory View Post
    Stupid patient. If you can't function without something, why the heck do you only have one?

    Why is it suddenly the doc's (or your) responsibility to fix him up on a Friday outside normal business hours. And what if you didn't have the lenses in the office. Come on, it's time for a little personal responsibility.
    I agree with the first part, but it still doesn't change the fact that a prescription is the patients property and they should be entitled to it when asked for....plain and simple! You should have a legal responsability to provide your patient's Rx, when most needed...regardless if your on vacation or not. I did indeed place this call between, so called, normal business hours, but to no avail. As an Optician I find it very frustrating when I am trying to provide the highest level of service to my customers, while, constantly having problems attaining the proper prescription information in a timely fashion.

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    Quote Originally Posted by Ory View Post
    Stupid patient. If you can't function without something, why the heck do you only have one?

    Why is it suddenly the doc's (or your) responsibility to fix him up on a Friday outside normal business hours. And what if you didn't have the lenses in the office. Come on, it's time for a little personal responsibility.
    Why can't the office just verify the rx and give a date? That is ridiculous. This is micromanaging at its finest. I know a couple of ODs who want to sign off on everything that leaves their office, just so they know what business they are losing. Do the right thing. You wrote the RX in the first place, give it to them and write the date on it. If it is expired, then you have documentation that you told them the date.

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    Never let it be said we will get along if money separates us.

    Depends on whether the "Doctor's" office is in business to make money or help his patients. If the former it's his duty to make it as difficult as possible for Rx's to be filled anywhere except his office. If the latter it's his duty to make it as easy as possible.
    I run into this all the time even in "friendly" doctor's office the girls (yes all girls) act like they are too stupid to read and Rx without asking the doctor, who of course is not instantly available. Or if it were some deep dark secret that required a physicians authorization.

    This of course is so much BS. Yesterday I had a "friendly" doctor'/s office fax me an Rx (1 month old) with "VOID" all over the background.

    Chiip

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    Cape Codger OptiBoard Gold Supporter hcjilson's Avatar
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    By making him one pair of glasses, you have compounded his original problem-(regulations aside). His problem was not having a spare pair. Make him 2 pair of glasses and you will both be better off.
    "Always laugh when you can. It is a cheap medicine"
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    Nevermind two pairs. The point was he couldn't even make ONE pair when the person needed it. I think we can all agree that this person needs two pairs, but if they can't do it, or simply don't want to, you obviously can't force them. My problem still remains that the office wouldn't release the script.

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    Perhaps this is why it is required by law for the prescriber: "To furnish the patient with a copy of his Rx in his hand at the time of exam." Now if we could get compliance with this and get patients that were smart enough
    to keep one with them, the problem wouldn't exist. Too bad we are too poor and too timid to bring this to the public's attention.

    Chip

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    Have his GP fax over an rx. :p

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    Quote Originally Posted by chip anderson View Post
    Perhaps this is why it is required by law for the prescriber: "To furnish the patient with a copy of his Rx in his hand at the time of exam." Now if we could get compliance with this and get patients that were smart enough
    to keep one with them, the problem wouldn't exist. Too bad we are too poor and too timid to bring this to the public's attention.

    Chip
    1. Not the law here in Canada.

    2. The doctor is the only one legally able to write the Rx. If there is a rubber stamp in the office and the doc isn't, it is still illegal to stamp it.

    What I would be more concerned about here is delegation - if the doc isn't in the office, and the office is open, are people picking up specs? That is dispensing, and must be done under the license of an OD or RO. So there really should be someone who can sign an Rx if the office is open to the public. A complaint to the college may be an option for you.

    And before you all jump all over me, I give a copy of the Rx to every single patient with a power over 1D, even if they don't want it and even if they always buy their specs from my office. I also tell them to carry it with them while travelling. It's just common sense.

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    Quote Originally Posted by Ory View Post
    And before you all jump all over me, I give a copy of the Rx to every single patient with a power over 1D, even if they don't want it and even if they always buy their specs from my office. I also tell them to carry it with them while travelling. It's just common sense.
    This is the way every OD and MD should do it !! In all countries !!

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    Quote Originally Posted by chip anderson View Post
    Depends on whether the "Doctor's" office is in business to make money or help his patients. If the former it's his duty to make it as difficult as possible for Rx's to be filled anywhere except his office. If the latter it's his duty to make it as easy as possible.
    I run into this all the time even in "friendly" doctor's office the girls (yes all girls) act like they are too stupid to read and Rx without asking the doctor, who of course is not instantly available. Or if it were some deep dark secret that required a physicians authorization.

    This of course is so much BS. Yesterday I had a "friendly" doctor'/s office fax me an Rx (1 month old) with "VOID" all over the background.

    Chiip
    I disagree. If the doctor is there to make money then refusing to let the script out will make it even worse for his business. Now he will lose future exams and potential glasses sales to that patient.

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    Quote Originally Posted by Ory View Post
    1. Not the law here in Canada.

    2. The doctor is the only one legally able to write the Rx. If there is a rubber stamp in the office and the doc isn't, it is still illegal to stamp it.

    What I would be more concerned about here is delegation - if the doc isn't in the office, and the office is open, are people picking up specs? That is dispensing, and must be done under the license of an OD or RO. So there really should be someone who can sign an Rx if the office is open to the public. A complaint to the college may be an option for you.

    And before you all jump all over me, I give a copy of the Rx to every single patient with a power over 1D, even if they don't want it and even if they always buy their specs from my office. I also tell them to carry it with them while travelling. It's just common sense.
    Thank you! That's exactly what I was hoping to hear!

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    Quote Originally Posted by Ory View Post
    What I would be more concerned about here is delegation - if the doc isn't in the office, and the office is open, are people picking up specs? That is dispensing, and must be done under the license of an OD or RO. So there really should be someone who can sign an Rx if the office is open to the public. A complaint to the college may be an option for you.
    Maybe, maybe not. If it's a multi-OD office, there might be one in, just not the one who 'needed' to sign the rx.

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    The "doctor" signing the Rx does not have to be the one that made the examination. All medical "partnerships" and associations allow the doctor to prescribe medicine to patients in lieu of the doctor that is out of the office or not on call. Of course, O.D.'s might not extend this courtesy.

    Chip

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    Quote Originally Posted by chip anderson View Post
    This of course is so much BS. Yesterday I had a "friendly" doctor'/s office fax me an Rx (1 month old) with "VOID" all over the background.

    Chiip
    Not to defend anyone, but often the paper is designed to make a copy read void when it is copied, like cheque paper. I don't really see the point to this for durable equipment item that is likely to be faxed. But it does make sense for medications.

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    Master OptiBoarder Shwing's Avatar
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    Today!

    This just happened today!

    Px comes in, has a CL file with us, minus 4.50D OU.

    Px wearing Focus N&Day.

    Last purchase was 2 boxes (6 months worth) in 2006.

    Last refraction (by an OD) was 2004.

    Company policy is max 2 years on an Rx AND a corneal assessment by us every two years as well (don't get me started...).

    Px has no spex and now no lenses... He has been driven to the dispensary by a friend, and is leaving town for the oilpatch where he works as a rig-hand right away...

    Yes, he's been purchasing l's elsewhere, accounting for the lapse in lens replacement...

    What do you do?
    Shwing

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    Quote Originally Posted by AdmiralKnight View Post
    Maybe, maybe not. If it's a multi-OD office, there might be one in, just not the one who 'needed' to sign the rx.
    I suppose it's a moot point in renee's case...but in our clinic we have pre-signed Rx pads for each O.D. so that the staff can write out a copy of the Rx for the patient if the doc isn't there or busy in the exam room. If, on the rare occasion, we run out of one doc's pad, we write in "as per Dr. so-and-so" above another doc's signature.

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