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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 - 27

NO - 24

This page includes information provided in response to an email sent to all states 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?"

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.  (03/19/12).

Arizona YES
California YES
Colorado YES
Florida YES
Georgia YES
Idaho YES
Indiana YES
Kentucky YES
Louisiana YES
Maine YES
Maryland YES
Massachusetts YES
Michigan YES

Missouri YES
Nebraska YES
Nevada YES
New Hampshire YES
New Jersey YES
New Mexico YES
New York YES
North Carolina YES
Oklahoma YES
Rhode Island YES
Utah YES
Vermont YES
Virginia YES
Wyoming YES

Alabama NO
Alaska NO
Arkansas NO
Connecticut NO
Delaware NO
Dist. of Colum. NO
Hawaii NO
Illinois NO
Iowa NO
Kansas NO
Minnesota NO
Mississippi NO

Montana NO
North Dakota NO
Ohio NO
Oregon NO
Pennsylvania NO
South Carolina NO
South Dakota NO
Tennessee NO
Texas NO
Washington NO
Wisconsin NO
West Virginia NO






 

State Veterinary Boards

State Pharmacy Boards

State Veterinary Associations

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State 

Law or Regulation

Alabama

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
Executive Director
Alabama State Board of Veterinary Medical Examiners
(Email, Monday, September 23, 2002 4:41 AM)


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.
Executive Director
Alabama State Board of Pharmacy

Alaska

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,
Denise Williams
Licensing Examiner
(Email, Thursday Feb 13, 2003  1:33:17  PM)

Arizona

Arizona Revised Statutes pertaining to the Arizona State Veterinary Medical Examining Board:

Article 7.   Dispensing of drugs and devices

32-2281. Dispensing of drugs and devices; conditions; definition 

B. The board shall adopt rules providing that the animal's owner or the person responsible for the animal shall be notified that some prescription-only drugs may be available at a pharmacy and a written prescription may be provided to the animal's owner or the person responsible for the animal if requested.
----------------------------------------------------------------------------------------------------------------
The above seems to negate the note below.

According to A.A.C. R3-11-801(B) "A dispensing veterinarian may provide a written prescription to an animal owner if requested by the animal owner."  Statutorally, the word shall requires an action by law. Since the word may is used in this instance, it does not require a veterinarian to provide a prescription. That's rather a long was to say that the answer to your question is "No".  Thank you for your interest.

Sincerely,
Victoria Kamm
Chief Medical Investigator
(Email - Wednesday, October 02, 2002 12:16 PM)


Arkansas

There is no law or regulation in Arkansas requiring veterinarians to write prescriptions upon client request.

Sherry Glover
Executive Secretary
AR Veterinary Medical Examining Board
(Email - Monday, September 23, 2002 9:46 AM)

California

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.

Colorado

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,
FOR THE COLORADO STATE BOARD OF VETERINARY MEDICINE
Stephanie K. Gowins
Licensing Specialist
(Email - Wednesday, October 02, 2002 5:26 PM)

Connecticut

Connecticut statutes/regulations do not require the writing of a prescription 
upon a client request.

Jeffrey A. Kardys
Board Liaison
Connecticut Board of Veterinary Medicine
(Email - Monday, September 23, 2002 8:05 AM)


You need to contact the Department of Public Health for an answer to your question.

Sincerely,
Michelle Sylvestre
Board of Pharmacy

Delaware

There is no statutory or regulatory provision requiring to vets to write a prescription.  Nor is there any definition of veterinarian-client relationship.  The only rule pertaining to prescriptions provides that it is unprofessional conduct for a vet to prescribe medication without having examined the animal(s)  within a period of a year. 

Susan Miccio, Administrative Specialist
Delaware Division of Professional Regulation
(Email - Monday, September 23, 2002 7:41 AM)

District of Columbia

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
Veterinary Inspector, Department of Health Liaison, Board of Veterinary Examiners 
(Email - Tue 3/30/2004 10:28 AM)

Florida

It is my understanding that they would be required to issued a prescription in this situation, but an official answer would need to come from the Board of Veterinary Medicine at the Department of Business and Professional Regulation.

Sincerely, 

John D. Taylor, RPh 
Executive Director 
Board of Pharmacy
(Email - Wednesday, October 02, 2002 11:31 AM)


Ask our State of Florida ...Attny:  Mr. Ed Bayo, esq

I would say yes.  However he is the final word and will give you the best and most qualified answer.

Katherine Horky, DVM
Member Florida Board of Veterinary Medicine
(Email - Thu 10/3/02 10:51 AM)


A Florida veterinarian may be disciplined under Section 474.214(1)(pp), Florida Statutes, for "failing to give the owner of a patient, before dispensing any drug, a written prescription when requested"

Ed Bayo, Office of the Attorney General, State of Florida 
(Email - Thursday, October 10, 2002 10:51 AM)

Georgia

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 
Professional Licensing Boards Division 
Healthcare Practitioners Section 
(Email - Monday, September 23, 2002 9:09 AM)

Hawaii

The veterinary regulations does not specifically address the prescribing or dispensing of medication for an animal.  The regulations basically provides for the treatment of the animal by licensed veterinarians, which includes medical, surgical and dental care.

The circumstance appears to be ethical in nature, of whether or not the prescribing and dispensing of medication by a veterinarian is part of a necessary treatment.

Hawaii Board of Veterinary 

Idaho

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
Management Assistant
Idaho Board of Veterinary Medicine
(Email - Monday, September 23, 2002 10:10 AM)


There is no legal mandatory requirement that a veterinarian must write a prescription for a client vs. dispensing the medication out of their own inventory. It is up to the veterinarian whether they want to write the prescription. If the client is wanting to use a mail-service or internet pharmacy there is usually heightened concern as to whether that pharmacy can legally fill the prescription.  I am not sure what other reason they might have for wanting to dispense the medication out of their own stock but the Board of Pharmacy has no rules and regulations requiring that they write a prescription pursuant to a client's request.

Sincerely,

Jan Atkinson
Senior Compliance Officer
Idaho Board of Pharmacy
(Email - Monday, September 23, 2002 10:30 AM)

Illinois

Thank you for your inquiry.  The statute and rules do not address your question.  Therefore, the veterinarian is not required to write a prescription upon client's request.

Sincerely,
Dan Harden
Board Liaison
Illinois Veterinary Licensing and Disciplinary Board
(Email - Monday, September 23, 2002 10:51 AM)

Indiana

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

Iowa

Veterinarians are not required to prescribe by Iowa laws or rules.  If they do prescribe, there must be a valid VCPR.  They may charge a prescription fee, if they choose.  Hope this helps.

Dr. Schiltz
Executive Officer
Iowa Board of Veterinary Medicine
(Email, Sunday, September 22, 2002 1:37 PM)


We cannot answer this question.  Please contact the state veterinarian, John
Schiltz, D.V.M., at 515/281-8615.

Debbie Jorgenson
Iowa Board of Pharmacy Examiners
http://www.state.ia.us/ibpe/
(Email - Monday, September 23, 2002 1:10 PM)

Kansas

I don't believe vets are required by law to write a prescription, however, there is more than one vet out there and if you feel that your pet's doctor is not acting in the best interest of you or your pet, then you may want to find another veterinarian. Be sure to let the veterinarian know why you are leaving the practice, some are under the mistaken notion that if a drug is not dispensed by them there is no patient./vet relationship.  This is incorrect, pharmacies fill prescriptions all the time for vet drugs.

Susan Linn
Executive Director
Kansas State Board of Pharmacy
(Email - Monday, September 23, 2002 9:28 AM)

Kentucky


A veterinarian is authorized under the statute to dispense, however, if the
patient wants to obtain the prescribed medication from another source, the
veterinarian cannot require the patient/client to obtain the medication
from him.

The Kentucky Board of Pharmacy
(Email - Wednesday, October 02, 2002 8:16 AM)

Louisiana

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.

Maine

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
Maine Department of Professional and Financial Regulation
Office of Licensing and Registration
(Email - Monday, September 23, 2002 8:29 AM)

Maryland

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
President, State Board of Veterinary Medical Examiners
Maryland Department of Agriculture
(Email - Tuesday, September 24, 2002 10:23 PM)

Massachusetts

A veterinarian must write a prescription only if the prescription is to be filled at a pharmacy licensed in Massachusetts, or if it is VIPPS (Verified Internet Pharmacy Practice Sites) approved. Clicking on this web page http://www.nabp.net/index.html?target=/vipps/intro.asp& will give you a list of these approved sites. If the pharmacy is not listed on this site, then the veterinarian may refuse to write the prescription and only dispense the medication from his own stock. 

Please let me know if you have any further questions. 

Jodi Bornstein 
Board Administrator 
Board of Allied Mental Health 
Board of Veterinary Medicine 


I have forwarded your request to the Board of Veterinary Medicine for a reply ... 

Thank you,

Charles R. Young, R.Ph, CFE
Executive Director
Massachusetts Board of Registration in Pharmacy
(Email - Monday, September 23, 2002 7:37 AM)

Michigan

I did get a phone call and message on my voice mail today from Mr. Mike Wissel, from State of Michigan, Health Regulatory.  He said that it is considered a violation of Code 333.16221/Professional Responsibility, for a vet to refuse to issue a prescription or force a person to purchase a drug or service from somewhere they have a financial interest.  He also said that if we have any other questions that he can answer, to call him at 517-335-1769. 

Kelli Jo
(Email - Monday, October 28, 2002 6:08 PM)

Minnesota

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
(Email - Tuesday, September 24, 2002 1:20 PM)



There is no statutory or rule requirement mandating that a veterinarian must provide a written prescription on a client's request.  The decision is left to the discretion of the veterinarian. 

Roland C. Olson, DVM, Executive Director, Board of Veterinary Medicine.
(Email - Wednesday, June 12, 2002 1:28 PM)


Mississippi

No, not in Mississippi.

Harvey F. McCrory, DVM
Executive Secretary
Mississippi Board of Veterinary Medicine
Mississippi Veterinary Medical Association
(Email - Monday, September 23, 2002 10:45 AM)

Missouri

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. 

Montana

No such state law or regulation.

Cheryl Brandt, Executive Director
Montana Board of Veterinary Medicine
(Email - Wednesday, September 25, 2002 10:56 AM)


A MT statute, 37-2-104 states that medical practitioners cannot dispense drugs in the usual course of their practice.  37-2-101, the section of definitions for the above statute, does not include veterinarians in its definition of "medical practitioner", however.  While there is nothing that I am aware of that requires veterinarians to handle this situation in a certain way, I've forwarded your e-mail to Cheryl Brandt of the Board of Veterinary Medicine for her board's comments.  It would seem to me that a veterinarian could honor the wishes of his/her patient's "human" unless the same medication could not be obtained in a regular  pharmacy.

Thanks for responding to this question, Cheryl.

Rebecca (Becky) Deschamps, RPh 
Montana Board of Pharmacy
(Email - Thursday, September 26, 2002 3:19 PM)

Nebraska 

Nebraska statutes and regulations do not directly address the issue of whether or not a veterinarian is required to issue a prescription upon client request, assuming that a veterinarian/client/patient relationship exists in accordance with statutes and that the veterinarian was already willing to dispense the medication from his own clinic stock.  (Federal Trade Commission laws/regulations do address fair trade practices).  In addition, this does not mean that failure to write a prescription in such a circumstance would not be considered unprofessional conduct pursuant to Nebraska Revised Statute 71-148 which states:

“Unprofessional conduct means any departure from or failure to conform to the standards of acceptable and prevaililng practice of a profession or occupation or the ethics of the profession or occupation, regardless of whether a person, patient, or entity is injured, or conduct that is likely to deceive or defraud the public or is detrimental to the public interest…”

Nebraska Revised Statute 71-148 defines unprofessional conduct which is a ground to discipline a license pursuant to Nebraska Revised Statute 71-147(10).

Please reference the AVMA “Principles of Veterinary Medical Ethics 1999 Revision” section III C 1 and the “Position Statement on Internet Pharmacies” approved by the AVMA Executive Board April 2001.  Such documents are considered to set the standard for acceptable and prevailing practice and ethics of the profession.

The Nebraska Board of Veterinary Medicine and Surgery asked a Department of Health and Human Services attorney to address the Board on this issue in October, 2001.  It was the Department attorney’s recommendation that veterinarians who are asked to provide a prescription to the client, assuming a vet/client/patient relationship exists, and the veterinarian was willing to dispense the medication, should provide the prescription to the client.

Above was forward by 
Vicki Bumgarner, Credentialing Coordinator
Nebraska HHS R & L  Credentialing Division

Nevada 

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
Executive Director
Nevada State Board of Veterinary Medical Examiners
(Email - Monday, September 23, 2002 11:29 AM)

New Hampshire

Yes, a veterinarian is required to write a prescription when a patient/client relationship exists and the animal owner requests it.  It is not specifically written in the Vet. Rules, but, according to the Pharmacy Board, it is under medical-patient's rights.  A minimal fee may be charged for the writing of the prescription.

Sincerely,

Patricia Duncklee, Administrative Secretary
NH Board of Veterinary Medicine


At the request of the client, a veterinarian should provide a written prescription.  You are not obligated to purchase any medication from the prescriber/clinic.  It is your "freedom of choice" as to where you choose to obtain legally prescribed medications.  Infractions of this nature should be reported to the Board of Veterinary Medicine (Tel. 271-3706).

Sincerely,
Paul G. Boisseau, R.Ph.
Executive Secretary
New Hampshire Board Of Pharmacy
(Email - Thursday, September 26, 2002 9:09 AM)

New Jersey

From the New Jersey State Board of Veterinary Medical Examiners web site:

"A veterinarian must, upon request, provide a written prescription to a consumer who does not wish to purchase a prescription item directly from that veterinarian."  

.J.A.C. 13:44-4.1 requires a licensee to label any dispensed medication
with the name of the patient, the name of the drug, the strength per unit, the
number of units dispensed, the directions for use, precautionary statements,
the date dispensed and his or her name and license number. A veterinarian is
allowed to prescribe, dispense or distribute prescription items if there is a
valid veterinarian-client-patient relationship and if the prescription is
properly recorded in the medical record. A licensee is allowed to dispense
prescription items without a valid veterinarian-patient-client relationship if
the licensee is dispensing based on a prescription issued by another licensee.
A licensee cannot prescribe or fill a prescription when the licensee knows or
reasonably should know that the prescription is to be used for an illegal or
illicit purpose by the recipient. When requested to do so, a licensee is
required to provide a written prescription to a client. A prescription may be
issued by a licensee to a dispenser either orally, in writing, or by electronic
communication. A prescription shall be recorded in the patient's medical
records.
 

New Mexico

"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
Part 9: Minimum Standards 
Topic:  Pharmaceutical Services

New York


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 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
(Email - Monday, September 23, 2002 2:09 PM)


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.
Please let me know if you have additional questions.

Peter Ferguson
NY State Boards  for Optometry and Veterinary Medicine


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

North Carolina

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."

North Dakota

I am not aware of any North Dakota law or regulation requiring veterinarians to issue prescriptions.  This is standard practice, however, and is recommended by the American Veterinary Medical Association.

I hope this information is helpful.

John R. Boyce, DVM, PhD
Executive Secretary
North Dakota Board of Veterinary Medical Examiners
(Email - Tuesday, September 24, 2002 8:18 AM)


I do not know. We have freedom of choice for human patients but I have never been asked about Veterinarians. Perhaps the Veterinary laws or rules would answer this question. We would consider it a conflict of interest and unprofessional for a Medical practitioner to refuse to write a prescription instead of dispensing the drug themselves.

I would suggest that a patient being so treated should find a different veterinarian. On the other hand, if the request does not come from the patient, you would need to be sure the patient wanted it that way.

Howard Anderson
Executive Director
North Dakota State Board of Pharmacy

Ohio

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
Executive Director
Ohio Veterinary Medical Licensing Board
(Email - Monday, September 23, 2002 9:53 AM)



No.  There is no statute that requires a veterinarian to issue a prescription.

Donna Fickel
Ohio Veterinary Medical Licensing Board
(Email - Monday, September 23, 2002 9:44 AM)


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
Executive Director
Ohio State Board of Pharmacy
(Email - Monday, September 23, 2002 9:26 AM)

Oklahoma

 

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
Executive Director
Oklahoma State Board of Veterinary Medical Examiners
(Email - Wednesday, October 02, 2002 10:38 AM)


There is no specific requirement in the Oklahoma Veterinary Practice Act that requires a veterinarian to provide a prescription upon request of a client. A veterinarian may refuse to write a prescription for a client with whom a VCPR exists. (No prescription is ever authorized in the absence of a valid VCPR).

If the request is legitimate and you have an established client-patient relationship, you may want to consider the consequences that a refusal to provide a prescription may have on future relationships with the client. Additionally, there is nothing in the Practice Act that prohibits a veterinarian from charging a fee for providing a written prescription to a client.  What is “fair and reasonable” with regard to a prescription writing fee, would be based on the facts of a particular situation. 

Excerpted from the "A Message From The Director" Column, April 2002 Newsletter
OKLAHOMA STATE BOARD OF VETERINARY MEDICAL EXAMINERS


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 
Executive Director
Oklahoma State Board of Pharmacy
(Email - Tuesday, October 01, 2002 3:18 PM)

Oregon

No, the Practice Act does not compel veterinarians to provide treatment or prescriptions on client demand.  In the context of a patient-client relationship, the veterinarian may offer a generic prescription, i.e., one that you may take to a pharmacy to fill; but the veterinarian is not required to write the prescription for a specific pharmacy.

Hope this helps.

Lori Makinen
Director
Oregon Veterinary Medical Examining Board


We have no jurisdiction over Vets writing RX's. This would be a question for
the Veterinary Board. Pharmacies can fill RX's written by Vets.

Oregon Pharmacy Board
(Email - Monday, September 23, 2002 8:01 PM)

Pennsylvania

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
Pennsylvania State Board of Veterinary Medicine


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
Executive Secretary
Pennsylvania State  Board of Pharmacy

Rhode Island
 
 

 

In Rhode Island, if a patient requests a prescription to be filled at an outside pharmacy or any other authorized dispenser, a veterinarian must comply with that request.  It is the patient's right to obtain the prescription from any source they wish. 

Gail Giuliano
Rhode Island Department of Health 
( Email - Friday, June 30, 2006)
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The above seems to supersede this opinion from 2002.

There is no requirement that veterinarians in RI write prescriptions. In the past, the Board has taken the position that vets who do not write prescriptions should inform their clients in advance of providing services that the vet office dispenses drugs from the office, but does not write any prescriptions.  If the vet does write prescriptions, the vet is required to deliver same to the client upon request.

Maureen A. Hobson
Deputy Chief Legal Services
Attorney to the board of Veterinary Medicine


I am forwarding your e-mail question to the Veterinary Board, since they can address veterinary rules and statutes and the current standard of practice.  Whether a veterinarian supplies/dispenses the medications to his patients or not, he is still, in effect, writing a prescription.  An order for the medication must be written in the patient's chart.  I would think that where the prescription is filled is up to the client and that if the client prefers to have his medication dispensed outside the veterinary clinic, it is entirely up to them.

Catherine A. Cordy
Chief
Rhode Island Board of Pharmacy
(Email - Monday, September 23, 2002 10:07 AM)

South Carolina

No, veterinarians are not required to write a prescription.  It is at the discretion of the vet.

Alana Holmes
Administrator
(Email - Monday, September 23, 2002 9:28 AM)


Our Practice Act does not specifically address your question.  You may want to contact the SC Board of Veterinary Medical Examiners at 803-896-4598 for their recommendations on this issue. 

Karen C. McKinnon, RPh
Investigator, SC Board of Pharmacy

South Dakota

David: there are no laws or regulations in South Dakota for such
requirement.

SD Holland
State Veterinarian
(Email - Wednesday, October 02, 2002 7:51 AM)


You would need to contact the Board of Veterinarian Medicine at 605-773-3321.

Dennis M. Jones
Executive Secretary
South Dakota State Board of Pharmacy
(Tuesday, October 01, 2002 9:27 AM)

Tennessee

There is no requirement for veterinarians to provide prescriptions upon client request. 

Lisa Lampley
Board of Veterinary Medical Examiners
(Email - Tuesday, October 15, 2002 2:27 PM)


This subject would be more appropriately addresses to the Veterinary Board. By this response I am forwarding your inquiry to that office.

Kendall Lynch, Director
Tennessee Board of Pharmacy
(Email - Monday, September 23, 2002 8:53 AM)

Texas

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.
Investigator
Texas State Board of Veterinary Medical Examiners


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. 
Director of Professional Services 
Texas State Board of Pharmacy 

Utah

If a veterinarian is prescribing a medication for a patient, the doctor may offer or provide the medication from his clinic stock or upon the client's request, he should provide the client with a written prescription for the patient.

I hope this information is helpful. 

Clyde Ormond
Bureau Manager
Division of Occupational and Professional Licensing

Vermont

Veterinary Board Rule 3.9 WRITING PRESCRIPTIONS 

A veterinarian licensed and practicing in Vermont is not required to write a prescription at a client's request. A veterinarian licensed and practicing in Vermont is required to provide a requesting client with copies of documents prepared for and purchased by the client in connection with veterinary services. Example: A veterinarian examines a patient, writes a prescription in connection with the examination, and then, for some reason, decides not to give the prescription to the client after the client has paid for the examination and asked for the prescription. In such a case, the veterinarian must provide the client with a copy of the prescription. Veterinary prescription drugs may be dispensed only by or on the order of a licensed veterinarian in the presence of a valid veterinarian-client-patient relationship, as provided in Rule 3.6 above. 

Effective: June 15, 1999 



"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
Quoted in the May 2003 Vermont State Veterinary Board Newsletter, Vol. 2, #2

Virginia

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,
Elizabeth A. Carter, Ph.D. 
Executive Director for the Virginia Board of Veterinary Medicine 
(Email - Tuesday, April 09, 2002 2:12 PM)


Your question relates to the practice of veterinary medicine, so I am forwarding your question to that board for a response.  If I can be of further assistance, please feel free to contact me.

Ralph A. Orr, Deputy Executive Director
Virginia Board of Pharmacy
(Email - Tuesday, September 24, 2002 7:46 AM)

Washington

There is no veterinary law that says they have to.  I will forward your message to the pharmacy board and see if they have any laws or rules regarding your question.

Karen Kelley
Executive Director
Washington Veterinary Board of Governors
(Email - Monday, September 23, 2002 10:10 AM)



The law would vary depending upon the state. Washington State does not require a veterinarian to write a prescription even if the client requests it. On the other hand, Optometrists in our state are required to provide their patients with a copy of their glasses or contact lens prescription.

I hope that this is helpful.

Donald H. Williams, RPh, FASHP
Executive Director
Washington State Board of Pharmacy
(Email - Monday, September 23, 2002 11:28 AM)

West Virginia

Thank you for your e-mail. I  noticed in West Virginia that you did not have the answer to the question. I never received the inquiry, so I will answer here. There is no reference in West Virginia veterinary law requiring veterinarians to prescribe rather than dispense. In the code of state regulations §26-4-3.5 are the pharmacological service regulations for veterinary medicine. It references dispensing and prescribing by veterinarians. However, the Board strongly recommends to veterinarians that they grant a script to a client if requested, as long as there is a valid VCPR.

Wanda Goodwin 
Board of Veterinary Medicine
(Email - Wednesday, January 14, 2004 9:26 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.
Executive Director and General Counsel
WV Board of Pharmacy
(Email - Wednesday, October 02, 2002 9:37 AM)

Wisconsin

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
Wisconsin Veterinary Examining Board

Wyoming

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
Member, Wyoming Board of Veterinary Medicine

 

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.