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BizAttorney
BizAttorney, Attorney
Category: Legal
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Experience:  Over 12 years of business and legal experience.
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I am an optometrist. My previous employer wants me to return

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I am an optometrist. My previous employer wants me to return my signature stamp because, according to them, signing a duplicate glasses or contact lens prescriptions originally authorized by me would be "technically incorrect" if they signed it. I don't feel comfortable leaving behind my authorizing signature to a company I'm no longer involved with. Technically, I think pretty much anyone could sign a glasses and contact lens prescription as long as they were an optometrist, and then put "copy of RX dated x/x/xxxx, original by Dr. X"

On the other hand, I'm not sure how much liability I'm opening myself up to by leaving my signature behind. Worst case, an employee could take an RX pad, stamp my signature to it, and then write Rx's for various sorts of opioid analgesics. Any opinons on this?

BizAttorney :

Good evening! I can help you out with your legal question tonight. Your gut feeling is spot on. You should not leave your signature stamp behind. The stamp is just a method of you approving a prescription. Legally, it is just your way of approving or prescribing something.

BizAttorney :

If you leave that behind, you open yourself to liability because people can now fake your approval.

BizAttorney :

Keeping the stamp protects you since you have control over who can use it.

BizAttorney :

I feel like you already understand everything I am saying, and you are correct that you should not leave your "unconditional approval" with anyone other than yourself.

BizAttorney :

Did you have any follow up questions tonight?

Customer:

So am I correct in that the remaining optometrists, could simply sign their own signature and then put "copy of original rx dated x/x/xxxx by Dr. x" and in that way, they are not exposing themselves to liabibility. ?

BizAttorney :

It wouldn't be a copy. They would write their own name and perscription by whatever Dr. prescribed it. They WOULD be exposing themselves to liability, but you would be off the hook and not be liable. Whoever signs their signature will have the liability for the rx.

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