This Should Never Happen

One of my long-time patients had a problem last week. I prescribe buprenorphine/naloxone 8/2mg tablets, 2 per day for a total of 16mg for her. She’s been in recovery from opioid use disorder for over six years. She keeps her appointments with me, takes her medication as prescribed and is doing well, despite some recent mid-life stresses.

Unfortunately, while walking her dog, she fell. She had immediate leg pain but thought it was only a pulled muscle or tendon. She wasn’t keen on going to the emergency department, so she waited a few days and saw her primary care doctor. The doctor ordered an X-ray of her leg which showed a femur (thigh bone) fracture. She sent her to the hospital right away and the orthopedic surgeon admitted her.

She had surgical repair the next morning, with the placement of an intramedullary rod down the length of the femur, held in place with screws. She was sent home that night and her surgeon prescribed oxycodone and some other medications.

So far so good.

But when her significant other went to pick up her medication at the pharmacy, the pharmacist refused to fill the oxycodone. The only explanation she provided was that she felt uncomfortable dispensing it because she knew this patient was prescribed Suboxone by me.

This pharmacist didn’t call me, though. I knew nothing about all of this until the patient called my after-hours number to explain the situation. The patient said she’d already contacted her surgeon, who had called the pharmacist to ask her to fill his prescription, but she still refused.

No problem, I told the patient, after getting her description of what happened. I’ll call the pharmacist, explain the situation, and describe our treatment plan.

Ordinarily I would continue the patient’s dose of buprenorphine/naloxone at 16mg per day, or perhaps drop the dose down to 4mg per day while she was taking the oxycodone, but she had missed her usual buprenorphine/naloxone for the last two days, what with going to her primary care doctor, then the hospital, then having surgery. So, I told the patient to stay off the buprenorphine/naloxone until she no longer needed the oxycodone, and then we would re-start the buprenorphine.

I didn’t think I’d have any problem explaining our plan to the pharmacist.

I was wrong.

This pharmacist was frosty from the start. She wasn’t rude, but she wasn’t friendly.

I started by saying, “Hi this is Dr. Burson and I’m calling about patient X. She’s just had surgery on her leg and his surgeon sent a prescription for oxycodone. I have been treating this patient for years for opioid use disorder and we have worked out a plan for pain control post- op and we…”

“I have the right not to fill this prescription.”

Caught off guard and only halfway through my explanation, I stopped. “Uh, what?”

“I have the right to refuse to fill this prescription. After all, it’s my license on the line too.”

“I don’t know what that means. But I can tell you that I am an Addiction Medicine specialist and I’m telling you it is OK to dispense this medication and we have a plan in place for her significant other to hold the pill bottle…”

“This patient has been on Suboxone for many years.”

“Yes, I know. If you will look at your records, I’m the one prescribing it.”

“I don’t feel I should fill the oxycodone.”

Like a light switch turning on, I felt suddenly angry. My tone changed. My voice raised, I said, “SHE BROKE ….  HER LEG!” I could see my husband glancing at me, knowing me well enough to see I was about to get salty.

“Ma’am I am aware of that…”

“It is unethical for you to refuse to fill this prescription! Don’t you know that just because someone has the disease of opioid use disorder, you can’t deny them pain medication to treat painful acute conditions like a broken bone??”

“I have already spoken to her surgeon and explained I don’t feel I should fill this opioid prescription.”

“And what did he say?”

“He wants me to fill it, but I told him I would not.”

We went back and forth in that vein for a few minutes, until I saw it was futile to talk further.

“What is your name?”

She gave it to me as I wrote it down with hands shaking with anger.

It was getting late on a Friday night, and the surgeon had to send my patient’s oxycodone to another pharmacy. They were about to close for the night, so she couldn’t send her significant other to pick up her prescription until the next morning.

This patient went over twelve hours, fresh out of surgery, without the pain medication that her surgeon prescribed, and that an addiction medicine doctor (me), who knew the patient very well also agreed she needed, all because a pharmacist was worried about her license if she filled it.

I wanted to report this pharmacist to the North Carolina Board of Pharmacy but after I cooled down, I changed my mind. For whatever reason, she was afraid. She needed information and education. For whatever reason, I couldn’t provide this. She was more likely to listen to another pharmacist. Thankfully, I’m acquainted with a pharmacist who works with the North Carolina Association of Pharmacists. She is knowledgeable about MOUD and part of her job is educating pharmacists. I emailed her and asked if she’d be willing to help. She said yes, of course, and I sent her the contact information.

I felt angry I couldn’t help my patient, and that she had to wait on her pain medication.

This didn’t happen in the rural community where I work at an opioid treatment program. It happened where I have my own practice, where I see patients with opioid use disorder. My office-based practice is in an upscale community known to be progressive. It’s a bedroom community close to an urban area. If it can happen in this location, it can happen anywhere.

My patient is doing well, and her leg is healing. This is the most important thing.

But denial of appropriate medication for acute pain should not happen to this patient or anyone else.

27 responses to this post.

  1. Posted by Methadone MD on April 23, 2024 at 1:17 am

    This is my concern in the implementation of expanded access to treatment laws be it removal of X waivers, telehealth prescriptions of buprenorphine-based products in underserved areas or MOTA (if it passes): Having the pharmacists be partners in our bid to reduce overdose deaths by reducing barriers to treatment.

    Reply

  2. Posted by Stuart Gitlow MD on April 23, 2024 at 1:25 am

    I can’t tell you just how many times I’ve been in exactly this position. Unfortunately, some pharmacists are scared to fill these prescriptions for the same reason that some physicians are scared to write them. Once law enforcement began practicing medicine, it became impossible for either pharmacists or physicians to make any choice regarding controlled substances without looking over their shoulder. Years ago, I would have reported the pharmacist to the Board without a second thought. But after watching pharmacists going to prison and/or paying enormous fines for not responding to what the DEA refers to as “red flags,” I can’t imagine any of them not hiding under the workbench when faced with prescriptions like those your patient received. You did what you needed to do as one of the treating physicians but I suspect most physicians watching the news these days would simply decide not to write for any controlled substances and move on to something else.

    Reply

    • You are so correct. Many of my colleagues refuse to write any controlled substances. I do not understand. It. These meds were made for pain when people need them. A 3 or 4 day supply of pain meds after surgery is not negligence. When my patients with substance use disorder have pain, I typically write their scripts, not the surgeon or other providers whom refuse to do so.

      Reply

    • Thanks for commenting, Dr. Gitlow!

      Reply

  3. Posted by ITSME on April 23, 2024 at 1:33 am

    Thank you! That’s all. Just THANK YOU!

    Reply

  4. This happens in my community ALL the time and even worse it happens to my cancer patients. They hear the word Suboxone and out comes the stigma. It’s not right and it’s down right discriminatory

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    • Posted by Sparky on April 24, 2024 at 2:35 pm

      sure it is but there is nothing you can do about it other than do not tell any dr you are taking Buprenorphine for oud I have said this for yrs there is no need for any dr to know you are taking buprenorphine because they look at you differently as soon as it’s said,this patient messed up telling the drs she was taking buprenorphine and she paid the price

      Reply

      • But other doctors and pharmacists can see the buprenorphine on the state prescription monitoring program, if you fill it at a pharmacy. If you get it from the opioid treatment program, most do not report their data to the PMP.
        So if she neglected to tell her surgeon and he found it that would look bad, like she was trying to hide it.

      • Posted by Sparky on April 24, 2024 at 8:21 pm

        I have had procedures done and never told them nothing and they never said anything about it,but had I mentioned it then all hell would have broke loose, I will never tell any dr I’m taking medicine for oud, never

    • Posted by Sparky on April 24, 2024 at 9:01 pm

      makes me sick when these idiot pharmacists do this crap, they think they can play dr while embarrassing the patient in front of people, I hope it happens to them one day

      Reply

  5. Posted by Dr. E on April 23, 2024 at 4:33 am

    This is my concern in the implementation of expanded access to treatment laws be it removal of X waivers, telehealth prescriptions of buprenorphine-based products in underserved areas or MOTA (if it passes): Having the pharmacists be partners in our bid to reduce overdose deaths by reducing barriers to treatment.

    Reply

  6. Posted by Trudy Duffy on April 23, 2024 at 5:01 am

    Thank you. Your patients are fortunate to have you advocate for them.

    Reply

  7. Posted by Eaddy, Jessica on April 23, 2024 at 4:03 pm

    I’m sorry that I didn’t get to catch you at Addiction Medicine. I saw you from across the room 😊

    I have had this same thing happen with a pharmacist about dispensing naloxone in rural Colorado. I was almost escorted out of the pharmacy while arguing that standing orders can be used to dispense naloxone to a patient prescribed an opioid or partial opioid. Or even no opioid. Or just for being a human! The pharmacist there gave me the same argument nearly word for word with what you described below. I had to go to another pharmacy to get the naloxone, and I escalated my complaint up the rankings for that pharm chain to no avail (basically, pharmacists have a right to refuse to dispense any med, including antibiotics, is the argument I was received. This makes no logical sense to me).

    I also want to educate pharmacists, but they are a tough bunch! Thanks for sharing.

    Reply

    • Hi Jessica, Sorry I missed you!
      Your example also shows how important it is for pharmacists to be up-to-date on laws in their state. Thanks for reading

      Reply

    • Posted by Sparky on April 24, 2024 at 8:56 pm

      pharmacists well most pharmacists are completel idiots,they think they know more than the dr this is why I think drs should have their own pharmacy onsite and that would help stop some of this nonsense crap that people have to go thru

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  8. Posted by Jerry McKee on April 23, 2024 at 5:47 pm

    You don’t report the dose of the oxycodone that was prescribed (perhaps the pharmacist was concerned regarding the unintentional overdose risk score in the PDMP system) or tell the readers if there was a consultative discussion between the MOUD prescriber and the surgeon regarding pain management post-operatively (there are options other than oxycodone here). It could be that suggesting Narcan for home use would have diffused the situation with the pharmacist- just a lot of unknowns including the whole veiled threat of the DEA coming in because the provider or pharmacist has crossed “the line” in trying to attend to patient needs. It is just too easy to point fingers- and pharmacists may in fact refuse to fill a prescription that they feel is not in the best interest of their patient. Lastly, the current recommendations for pain management in these situations are inconsistent so education may help- and also education and removal of stigma at the highest levels of the DEA regarding treating OUD. We all have to work together and the barriers to getting where we want to go seem endless. I appreciate your advocacy.

    Reply

    • Thanks Jerry – good points all.
      The dose was oxycodone 5mg #20. No, I had not talked with the orthopedic surgeon. The first I heard of my patient’s problem was when she called to ask me to speak to the pharmacist. That’s when I found out she broke her leg and all that transpired over the past few days.
      She has filled at least one prescription for Narcan but I don’t know if her kit was out of date yet or not…they do expire after a couple of years.
      I think ASAM has provided consistent recommendations for the management of acute pain for patients on MOUD. That was what I was trying to communicate with this pharmacist. I probably could have been much more effective had I not lost my temper, in hindsight.

      Reply

      • Posted by Jerry McKee on April 23, 2024 at 7:48 pm

        Thanks for that additional information. Well that is not much of a dose of oxy so that should not have been a clinical real issue in anyone’s mind- or the PDMP risk calculator- so back to education. Pharmacists and providers have been scared senseless by all of the saber rattling across many fronts. Again so sorry this happened to your patient. I have been eviscerated by community pharmacists when trying to do talks discussion myth-busting around MOUD with them -there are some really firmly held beliefs that just refuse to go away and I believe that education and exposure to the successes of MOUD can only help to minimize these issues.

  9. Posted by npcz83 on April 23, 2024 at 8:08 pm

    I can’t believe she had the prescribing doctors BOTH aware of the situation and her history, and STILL refused to fill it. This is almost criminal. Society doesn’t know how to respond to issues by swinging the pendulum in the opposite direction. Opioid crisis? Ban opioids! It’s infuriating! Instead of just being reasonable, by monitoring doctors prescribing HUGE amounts of opioids without proper xray, patient assessment, etc. But no. They feel the need to overreact and replace an opioid epidemic with a pain epidemic. This reminds me of when a Parrish in Louisiana where the chief of police even said he regrets going after all these over-prescribing doctors because they created a bigger problem by cutting everyone off—even those who were taking them as directed!!! These overly worried doctors and law enforcement (and pharmacists!) sent them right down the road to the MUCH more dangerous heroin (fentanyl) dealer. WHAT ARE WE DOING, AMERICA???!! Always love to get your perspective Dr. Burson. Honestly, it wouldn’t surprise me if opioids are completely banned in the US eventually. It would be devastating to many and absurd, but that’s apparently how America responds to crises.

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  10. Posted by Sparky on April 24, 2024 at 2:30 pm

    should have used a differe Pharmacy with the pain meds then maybe this wouldn’t have happened,there are so many ignorant uneducated and unwilling to learn people out there that you just can’t talk with them about oud and just have to bypass them any chance you get,people on oud medication have to think ahead on things like this for sure

    Reply

  11. Posted by Alan Wartenberg, MD on April 28, 2024 at 3:45 pm

    I can understand (and even felt it myself) your anger, but I take issue with the decision not to report the pharmacist. An intermediary step would be to talk to the pharmacist’s supervisor, hopefully a corporate level pharmacist. Unless and until pharmacists become more afraid of NOT prescribing when verifying that the prescription is legitimate, than they are of prescribing itself, this is unlikely to change. Physicians have, to a significant extent, changed their behaviors and practices under threat or actual legal action, and I think there need to be some legal precedents set that will show pharmacists that denying people in pain, underlying addiction or not, is not in their best interest. Thanks for the case, thanks for getting angry, and for the followup,

    Reply

    • Thank you, Dr. Wartenberg. I felt torn about what to do. An acquaintance at the NC Pharmacists’ Association made contact and provided information to the pharmacist. She felt like it helped.
      Interestingly, I saw the patient again last week and she wanted to keep going to the same pharmacy & had no bad feelings towards the pharmacist. She is truly good person, and apparently does not hold grudges…unlike me.

      Reply

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