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Scooter's Supplies for Chronic Renal Failure (CRF) Are Vets Required to Prescribe What They're Willing to Dispense? |
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YES - 42 |
NO - 9 |
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This page includes information provided in response to an email sent to all State and the District of Columbia Veterinary and Pharmacy Boards asking: "Are veterinarians required under state law or regulation to write prescriptions upon client request, assuming that a patient/client relationship exists and that the vet is already willing to dispense the medication in question from the clinic's own stock?" Further, this page incorporates
recent information developed by the American
Veterinary Medical Association (AVMA) and currently
available on their web site. Click on the state name for more
detailed information. If your state is in the
no column, do check with your state veterinary and
pharmacy boards and state veterinary association
(see links below) for the current situation - things
change rapidly. Updated 11/14/17 |
Arizona YES Kentucky YES |
Nebraska YES |
Alabama NO |
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Law or Regulation |
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Alabama
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To answer your question directly, the answer is "No", they are not required by law to write prescriptions, however, the following is a more concise statement in regard to your inquiry? If you need any additional information please feel free to contact the board office at 256-353-3544 or P. O. Box 1968, Decatur, AL 35602. "The Alabama Veterinary Practice Act and its Administrative Code do not specifically cover prescription writing by veterinarians. The absence of such a mandate, coupled with the fact that many veterinarians act as their own pharmacy is interpreted as the writing of prescriptions to be within the veterinarian's discretion in providing that service to their clients. If veterinarians write prescriptions for any animal, they must first insure that a current veterinarian-client-patient relationship exists, insure that all applicable blood tests are completed in accordance with the veterinarian 's protocol and insure that the administration of these drugs is not contraindicated by the presence of other medical conditions or substances being used for the patient. The Board is confident your veterinarian will discuss his or her policy regarding prescriptions. Any medication dispensed without proper authorization from a licensed Alabama veterinarian, would constitute a violation of the Alabama Veterinary Practice Act. If you have any questions regarding this correspondence, please contact the Board office." Theresa
S. Chandler It is my opinion that they are required to give the patient a prescription if asked to do so. Please contact the Board of Veterinary Medicine and ask for an opinion from them. Jerry
Moore R.Ph., J.D. |
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There is no law regulating this. After speaking with the board members, they all agreed that it is just general practice to give a patient a prescription if they request it. Let me know if I can be of any further assistance. Sincerely,
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Arizona
Administrative Code R3-11-801. Notification That Prescription-only Drugs Or Controlled Substances May Be Available At A Pharmacy A. A dispensing veterinarian shall notify an animal owner that some prescription-only drugs and controlled substances may be available at a pharmacy by: 1. Stating the availability at or before the time of dispensing; 2. Posting a written statement that is visible to the animal owner; or 3. Providing the animal owner with written notification. B. A dispensing veterinarian may provide a written prescription to the animal owner if requested by an animal owner. |
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There is no law or regulation in Arkansas requiring veterinarians to write prescriptions upon client request. Sherry
Glover |
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Senate Bill 175, approved by the Governor on 9/1/2003 and effective 1/1/2004, amends Section 4170 of the California Business and Professions Code to require vets to prescribe rather than dispense. The relevant sections are below: 4170. (a) No prescriber shall dispense drugs or dangerous devices to patients in his or her office or place of practice unless all of the following conditions are met: (6) The prescriber, prior to dispensing, offers to give a written prescription to the patient that the patient may elect to have filled by the prescriber or by any pharmacy. (7) The prescriber provides the patient with written disclosure that the patient has a choice between obtaining the prescription from the dispensing prescriber or obtaining the prescription at a pharmacy of the patient's choice. (b) The Medical Board of California, the State Board of Optometry, the Dental Board of California, the Osteopathic Medical Board of California, the Board of Registered Nursing, the Veterinary Medical Board, and the Physician Assistant Committee shall have authority with the California State Board of Pharmacy to ensure compliance with this section, and those boards are specifically charged with the enforcement of this chapter with respect to their respective licensees. (c) "Prescriber," as used in this section, means a person who holds a physician's and surgeon's certificate, a license to practice optometry, a license to practice dentistry, a license to practice veterinary medicine, or a certificate to practice podiatry, and who is duly registered by the Medical Board of California, the State Board of Optometry, the Dental Board of California, the Veterinary Medical Board, or the Board of Osteopathic Examiners of this state. |
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If there is a valid veterinarian-client-patient relationship and the vet has recommended treatment that includes that prescription, the vet may not refuse to give the client the prescription order to take to another pharmacy. It would most likely be deemed to be part of the animal's medical record, and the client is entitled to copies of the records pursuant to 12-64-120, C.R.S. Sincerely,
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Connecticut
General Statutes, Chapter 384 Veterinary
Medicine, 20-202 Disciplinary action; grounds In determining whether a licensee has acted with negligence, the board may consider standards of care and guidelines published by the American Veterinary Medical Association including, but not limited to, guidelines for the use, distribution and prescribing of prescription drugs |
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Delaware Code - 24 Del.
Admin. Code CSA 8.0 Before dispensing any controlled substance the patient must be advised that the prescription may be filled in the practitioner's office or any pharmacy. |
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The District of Columbia does not have a law that requires veterinarians to write a prescription upon client request. A veterinarian must have an established client/patient relationship in order to prescribe drugs. The Board may elect to change the regulation in the future. JoAnne
Carey, DVM |
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Florida Statutes, Chapter 474
Veterinary Medical Practice - 474.214.
Disciplinary proceedings (1) The following acts shall constitute grounds for which the disciplinary actions in subsection (2) may be taken: Failing to give the owner of a patient, before dispensing any drug, a written prescription when requested. |
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The Georgia State Board of Veterinary Medicine is in receipt of your inquiry regarding veterinarians being required to write a prescription. The Board wishes to refer you to Rule 700-8-.01(a) of the Official Rules of the Georgia State Board of Veterinary Medicine, which states "After a valid veterinary/client/patient relationship has been established a veterinarian must make available at a reasonable cost, a written prescription if a prescription is required". This rule can be viewed on our website at www.sos.state.ga.us/plb/veterinary. If you have any questions or if our office can be of assistance to you in the future, please let me know. Susan
S. Hewett |
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Hawaii
Revised Statutes - 471-10. Refusal to
grant and revocation or suspension of license The board may revoke or suspend the license of any veterinarian or fine the licensee, or both, for any cause authorized by law, including but not limited to the following: (12) Conduct or practice contrary to the recognized principles of medical ethics of the veterinary profession as adopted by the Hawaii Veterinary Medical Association and the American Veterinary Medical Association. The AVMA principles provide that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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Section IIIC of the Principles of Veterinary Medical Ethics of the American Veterinary Medical Association - 1999 Revision, which is incorporated into the Idaho Veterinary Practice Act by reference, states veterinarians should honor a client's request for a prescription in lieu of dispensing, provided that a valid veterinarian-client-patient relationship has been established. If you need any additional information, please let me know. Sincerely, Sheila
Jensen |
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Illinois Compiled Statutes, 225 ILCS 115/19.2 "Veterinarians shall honor a client's request for a prescription in lieu of dispensing a drug when a veterinarian-client-patient relationship exists and the veterinarian has determined that the drug is medically necessary." |
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Amendment to Indiana Law, IC 25-38.1-4-5, which concerns prescriptions of licensed veterinarians, new subsections (b) through (d). New subsection (d) provides: (d) If a veterinarian prescribes a drug for the client's animal, upon request, the veterinarian shall provide the prescription to the client, unless prohibited by state or federal law or to prevent inappropriate use. See IC 25-38.1-4-5 at http://www.in.gov/legislative/ic/code/title25/ar38.1/ch4.html |
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Administrative
Code, Veterinary Medicine Board - 811-10.6 (2) Grounds
for discipline. A licensed veterinarian is subject to disciplinary action for the violation of any of the following: a. Engaging in unethical conduct which includes, but is not limited to, a violation of the standards of practice as set out in 811—Chapter 12, and which may include acts or offenses in violation of the AVMA Principles of Veterinary Medical Ethics. These principles provide that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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The
regulations related to requiring veterinarians to provide a prescription when
requested became effective Dec 22 [2017]. The complete list of regulation changes can be viewed
on our website.
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A
veterinarian is authorized under the statute to
dispense, however, if the The
Kentucky Board of Pharmacy |
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Louisiana incorporates the AVMA veterinary ethical principles in its veterinary law that requires a vet to prescribe rather than dispense if a client so requests. |
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If the veterinarian is prescribing a medication for a patient, yes the doctor is required to provide the patient, upon request, with a written prescription. You are correct with the patient/client relationship and if the vet is already willing to dispense from the clinic's stock. Let me know if you have any further questions Kelly
L. McLaughlin, Board Clerk |
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The simple answer to your question is yes. It would be considered a violation of COMAR 15.14.01.04 and possibly 15.14.01.05 depending on the circumstance and issues and medications involved and may also be a violation of antitrust laws. This is with the understanding that a patient/client relationship exists and that the vet is already willing to dispense the medication in question from the clinic's own stock. If I can be of further help to clarify some of these issues please contact me through the Board office. Yours truly, Donald
M. Carman, DVM
The answer that Dr. Carman provided is still correct. There is no specific statutory or regulatory language directing veterinarians to provide a prescription under the circumstances you have referenced. However, a veterinarian who fails to do so may be charged or, at a minimum, advised or admonished by the Board.
Sincerely,
Laura C. Downes Executive Director Maryland State Board of Veterinary Medical Examiners (Email - 5/1/2016) |
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Massachusetts
Board of Veterinary Medicine - Policy
Statement adopted in 2006 Upon request of the consumer, a veterinarian shall provide prescription information to a pharmacy of choice. The method of providing prescription information shall be at the discretion of the prescribing veterinarian. |
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Michigan
Administrative Code - R 338.4923 Dispensing or prescribing a prescription product; veterinarian-client-patient relationship required. (1) If a veterinarian recommends a specific medication for a patient, the veterinarian shall honor a client's request for a prescription in lieu of dispensing a prescription product. |
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At this time, veterinarians in the state of Minnesota are not required to write a prescription to a client even if a client/ patient relationship exists. However, refusing to write the prescription may not help build strong client relationships. If you have any additional questions, please contact me again. John
King DVM, Executive Director, Board of Veterinary
Medicine
Roland
C. Olson, DVM, Executive Director, Board of
Veterinary Medicine. |
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Mississippi
Board of Veterinary Medicine - Policy statement
adopted June 17, 1975 Veterinarians shall abide by the AVMA Code of Ethics as set forth in the AVMA Directory. The AVMA’s Principles of Veterinary Medical Ethics provide that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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Missouri resident Mike Shilko writes that "I did some research when my vet refused a prescription and, in the Pharmacy rules and regulations, it specifically states that a vet must provide a prescription if the customer asks for one." See Chapter 338, Pharmacists and Pharmacies, Section 338.015 (3): Patient's freedom of choice to obtain prescription services, waiver --consultation and advice. 338.015. 1. The provisions of sections 338.010 to 338.015 shall not be construed to inhibit the patient's freedom of choice to obtain prescription services from any licensed pharmacist. However, nothing in sections 338.010 to 338.315 abrogates the patient's ability to waive freedom of choice under any contract with regard to payment or coverage of prescription expense. 2. All pharmacists may provide pharmaceutical consultation and advice to persons concerning the safe and therapeutic use of their prescription drugs. 3. All patients shall have the right to receive a written prescription from their prescriber to take to the facility of their choice. |
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Montana Board of
Veterinary Medicine - §24.225.410 Record-Keeping
Standards "If a veterinarian, based upon his or her medical opinion, is willing to dispense medication, then the veterinarian must also provide a prescription in place of said medication should the owner request a prescription. If a veterinarian, based upon his or her medical opinion, is not willing to dispense medication, then the licensee should deny a request for a prescription." |
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Board of
Veterinary Medicine and Surgery - Memorandum,
March 4, 2013 Failure to provide a prescription upon client request in appropriate circumstances could be considered unprofessional conduct, and a ground for discipline against the license. |
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Nevada pharmacy law and the AVMA Principles of Veterinary Medical Ethics indicate that a patient may request a written prescription and have it filled at another location of the patient's choosing as long as a veterinary-client-patient-relationship has been established. I hope this answers your question. Debbie
Machen |
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New Hampshire
Board of Veterinary Medicine - Chapter 500
Ethical Standards New Hampshire board rules require all licensed veterinarians to comply with the Principles of Veterinary Medical Ethics, published by the American Veterinary Medical Association. These principles provide that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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New Jersey
Administrative Code - 13:44-4.1 Veterinary
prescription items (e) A licensed veterinarian, in the course of professional practice and an existing veterinarian-client-patient relationship, shall, upon request, provide a written prescription to a client who does not wish to purchase a prescription item directly from the licensed veterinarian.
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"Veterinarians shall honor client requests to dispense and/or provide a written prescription for a drug that has been determined by the veterinarian to be appropriate for the patient." Rules
and Regulations |
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Education
Law section 6807 limits the quantity of a drug that
may be supplied for a fee by prescribers to no more
than a 72-hour supply. You may view this law
in its entirety at our website: http://www.op.nysed.gov/prof/vetmed/
click on Title VIII then click on Article 137.
We hope this is helpful. If questions remain,
please contact us at the number listed below. NYS
Board of Pharmacy All
professionals licensed by this Department must
release records to a client or patient upon
request. This would include
prescriptions. While most veterinarians
typically dispense the necessary medications, a
client may certainly request a prescription for the
purpose of having it filled elsewhere. Peter
Ferguson
Wednesday, October 11, 2006 9:40 AM
The
only reason a veterinarian may refuse to give you a
written prescription is for a justifiable veterinary
medical reason such as a need to examine or monitor
the animal. If they are
willing to dispense the medication to you, there is no
acceptable reason to refuse to give you a written
prescription. Writing a
prescription is a professional service and they may
charge a fee for that professional service, but they
cannot refuse to write a prescription for a medication
in a situation where they would dispense the
medication. You
should report the veterinarian to the Office of
Professional Discipline. Information
on submitting a complaint can be found at www.op.nysed.gov/faq.htm#complain. Laura
M. Lynch Program
Assistant II State Board for Veterinary Medicine |
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According to the Attorney General's legal opinion they are required to provide you with a prescription assuming that a patient/client relationship exists and that the vet is already willing to dispense the medication in question from the clinic's own stock? Information from Stacy Mickey of the North Carolina Veterinary Medical Board as told to Bill V. Beck in a 9/26/02 phone call. Posted on Veterinary Board Web Site: "In March 1996, N.C. Assistant Attorney General Kip Sturgis contacted the Board by letter as a result of complaints received by the Attorney General's office concerning veterinarians and prescriptions. In that letter Mr. Sturgis summarized his office concerns as followed, the first on medically unjustified restraint of competition in the market for veterinary medicine. The second is directed to the ethics of these anticompetitive practices that not only place the veterinarians commercial interest in direct conflict with the animals owner, but may also undermine the veterinarians professional purpose to promote animal health by foreseeably leading some owners to delay or forego veterinary treatment of their animals. The third, reflected by complaints both agencies have received, focuses on the damage these practices have on the public's perception of veterinarians professionalism. If a veterinarian is willing to dispense medication, then they (veterinarians) must also provide a prescription, in place of medication, should the owner seek a prescription. Should the veterinarian upon medical opinion not provide medication, than it would also be appropriate to deny a request for a prescription." |
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North Dakota Administrative Code: Board of Veterinary Medical Examiners NDAC 87-04-01-02 4. After a valid veterinarian-client-patient relationship has been established, a veterinarian shall make available, upon request, and may assess a reasonable cost for, a prescription for a drug that has been determined by the veterinarian to be appropriate for the patient. |
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I would concur with Mr. Winsley. There is no requirement that a veterinarian write a prescription. It is encouraged that if there is a valid VCPR, that the veterinarian would write the prescription to the client but it is not mandated. Heather
Hissom
Donna
Fickel There is no federal or Ohio law or rule that I know of that mandates that a veterinarian (or any other prescriber, for that matter) issue a written prescription. However, I am not as familiar with the laws, rules, and opinions of the Veterinary Medical Licensing Board as I am with our own laws and rules, For that reason, I'm forwarding a copy of this correspondence to them. They may wish to correspond with you directly. Bill
Winsley |
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A veterinarian is considered a practitioner of the healing arts. If a client request a prescription and it is for a legitimate reason and you have a VCPR established, then you are required to honor their request. Respectfully, Cathy
Kirkpatrick Under Title 59, Chapter 8 of the Oklahoma Statutes 354. Prescription as property right of patient, C. No legally competent practitioner of the healing arts shall refuse to honor the request of his patient to have his prescriptions transferred to the pharmacy of the patients choice. Bryan
Potter |
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Oregon Administrative
Code - 875-015-0030
(6)(d)
Minimum Veterinary Practice Standards If requested, a prescription shall be provided to a client for medications prescribed by the veterinarian under a valid VCPR. |
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The Veterinary regulations only state the following concerning prescriptions: Principle 7 (c) - "In the choice of drugs, biologics or other treatments, veterinarians should use their professional judgment in the interests of the animal, based upon their knowledge of the condition, the probable effects of the treatment and the available scientific evidence which may affect these decisions." Other than that, there is nothing in the regulations that addresses vets writing prescriptions. Hope that helps! Michelle
Bobar I have forwarded your e-mail to the Board of Veterinary. I do not know whether it is proper for you to refuse to provide a prescription to a patient and insist on dispensing the medication yourself. Melanie
Zimmerman |
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Rules and
Regulations for the Licensure of Veterinarians Section 10.6 Record of Animals Receiving Veterinary Services Any veterinarian licensed in the state of Rhode Island who writes a prescription for an animal patient shall provide a copy of that prescription to the owner of the animal patient, upon request of the owner, for the purpose of filling the prescription with a licensed pharmacy. |
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South
Carolina Code of Regulations - 120-8
Misconduct Licensed veterinarians shall comply with the American Veterinary Medical Association Code of Professional Ethics. |
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Veterinary Medical
Examining Board policy Policy based on AVMA Principles of Veterinary Medical Ethics provision that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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Position
Statement, Tennessee Board of Veterinary Medical
Examiners - Adopted December 9, 2014 It is a violation of Rule 1730-01-.13 for a veterinarian to refuse to honor a client’s request to prescribe, rather than dispense, a drug (AVMA Principles of Veterinary Medical Ethics). The client has the option of filling a prescription at any pharmacy. Veterinarians asked by pharmacies to approve prescriptions they have not initiated should do so only if the prescription is appropriate and a veterinarian-client-patient relationship exists. It is within the veterinarian's (not the pharmacy's) purview to determine the medical criteria whereby a drug is indicated. It is not unethical for a veterinarian to charge a reasonable professional fee for a prescription. |
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The state of Texas does not have any laws or regulations that require a veterinarian to provide a prescription upon the request of a client. It is up to the veterinarian whether he/she will provide that prescription upon request or need. Please feel free to contact me if you have any other questions. Dennis
L. Barker Jr. The practice of pharmacy involves the dispensing of prescription drugs once a prescription has been issued. The manner of issuance of a prescription is the practice of medicine, veterinary medicine, dentistry, etc. Whether a veterinarian must issue a prescription upon request rather than dispense from stock must be addressed to the Texas State Board of Veterinary Medical Examiners. They may be reached at: http://www.texasonline.state.tx.us/tbvme/ Steve
Morse, R.Ph. |
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Utah
Administrative Code - Unprofessional
conduct - Rule R156-28-502 Unprofessional conduct includes failing to conform to the generally accepted and recognized standards and ethics of the profession including those established in the Principles of Veterinary Medical Ethics of the American Veterinarian Medical Association. These principles provide that veterinarians should honor a client’s request for a prescription in lieu of dispensing. |
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Board of Veterinary Medicine - Administrative Rules - 3.5 Professional Standards (a) Licensed veterinarians and applicants are subject to discipline for unprofessional conduct as defined by 26 V.S.A. § 2431 and 3 V.S.A. § 129a. Unprofessional conduct includes failing to comply with provisions of federal or state statutes or rules governing the practice of the profession. 3 V.S.A. § 129a(a)(3).(b) In determining whether an applicant or licensee has engaged in unprofessional conduct, the Board may refer for guidance to the AVMA principles of Veterinary Medical Ethics. "If a veterinarian has a valid VC-P-R [veterinary client-patient-relationship] and has prescribed drugs, he or she must give the client a prescription if requested to do so." Attorney Chris Winters, Counsel for the
Board of Pharmacy |
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If a Virginia licensed veterinarian refuses to provide the client with a valid prescription upon request and he would dispense the same medication from his practice for the patient, it may be construed as unprofessional conduct, and the Board can take disciplinary action. Complaints can be filed with the Board through the Virginia Department of Health Professions' Complaint Intake Unit (1-800-533-1560 or via the agency's website http://www.dhp.virginia.gov/vet/ by selecting "File a Complaint.") If you have further questions, please contact me or the Board office. Cordially,
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Veterinary Board of Governors
WAC 246-933-350 Release of a veterinary prescription
(1) If requested by the client, a veterinarian must provide a written prescription for any medication prescribed by that veterinarian under a valid veterinarian-client-patient relationship. (2)
As an alternative to a prescription, if requested by the client, the
veterinarian must call or send the prescription by electronic means … to
any pharmacy of the client’s choosing.
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David, Below
is our laws regarding patient client relationship and client prescription
request. 5.3.a.
A veterinarian shall not prescribe, dispense or administer any prescription
drug without the establishment of a veterinarian/client/patient relationship. 5.3.i. Veterinarians shall
honor a client’s request for a prescription in lieu of dispensing. Trish Holstein Executive Director WV Board of Veterinary Medicine 5509 Big Tyler Road, Suite 3 Cross Lanes, WV 25313 304-776-8032 (Email - Tue 11/14/2017 9:19 AM) The pharmacy practice act does not address whether prescriptions must be written upon patient request, it only states that vets can supply their own patients with medications. You need to check with the Board of Veterinary Medicine to see if they address the writing of prescriptions in their law. William
T. Douglass, Jr. |
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There is nothing in the statutes or administrative code that requires a veterinarian to write a prescription rather than to dispense the medication directly. Some vets will write a prescription, but charge the client for doing so. Wayne
Austin |
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Chapter 4 of the Wyoming Board of Veterinary Medicine's rules state in Section 1.(b) The Board adopts, incorporates and enforces as standards for professional conduct, the Principles of Veterinary Medical Ethics, published by the American Veterinary Medical Association Judicial Council. The Principles of Vet Medical Ethics section 111c.1. Veterinarians should honor a client's request for a prescription in lieu of dispensing. Dispensing or prescribing a prescription product requires a valid Veterinarian Client Patient Relationship. Jim
Logan, DVM |
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This page is a product of me, David Jacobson. State law and regulation are constantly changing - contact your state veterinary and pharmacy boards for up-to-date information. If that information is counter to what's listed above, please email me with your findings. |
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