Challenge To Pharmacy’s Opioid Control Dismissed

Marc McCulloch

A federal judge on Tuesday dismissed a disability discrimination class action against Walgreens and Costco alleging they illegally refused to dispense opioids to people with chronic pain and other medical conditions, finding that policies maintained by the companies’ pharmacies do not single out disabled people.

Pharmacists must carefully evaluate prescriptions for controlled substances particularly opioids when asked to fill such prescriptions. The California Board of Pharmacy has continued to file numerous accusations against pharmacists and pharmacies for violating the state’s corresponding responsibility laws. At the Marcarian Law Firm, P.C., our pharmacy law attorneys have defended many pharmacists and pharmacies when charged with violations of the corresponding responsibility laws and clearly excessive furnishing charges. In one corresponding responsibility case, after an eight-day hearing, we were able to obtain a proposed decision that dismissed the entire accusation. To learn about corresponding responsibility and what the California Board of Pharmacy expects in terms of fulfilling the corresponding responsibility obligation, pharmacists must be thoroughly familiar with Pacifica, which was declared a precedential decision, even though we believe Pacifica was wrongly decided because Pacifica has been used by the State Attorney General as a sword in all of the corresponding responsibility cases.


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