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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110470
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife and I just returned from a two week vacation out of

Customer Question

My wife and I just returned from a two week vacation out of state to Houston, TX to visit family. We took a written 8 1/2 X 11" signed prescription from her doctor for Percoset pain meds. She is 1/3 through with back treatments where they deaden nerve endings which cause her pain. We get scripts filled at Walmart Pharmacy in Georgia where we live. We secured the post dated script because she would run out of pain meds half way through our two week trip. When we went to Walmart to fill the script on the day it was dated, they advised that in Texas they have to have to have scripts on the smaller normal script pad and could not take a phone in from a doctor to honor the scrtipt. She ran out of meds before we got home and had to take over the counter ibuprofin which did not fully take away the pain. To make matters worse, I had picked up the sample script form and Texas instructions to send to her Doc to have them overnight the proper script form and we decided it would take to much of a hassle and she would just tuff it out. I lost the signed script I had when I cleaned out my pockets and accidentally through away the Texas forms/instructions which had her script with it. I called her doc when we got bacxk home, explained what I had done and they said they could not replace the script due to DEA law. I asked what my wife was to do about the pain and they had no response. What is the law and what latitude does the doc in Georgia have and what options do we have? Thanks. Leon
Submitted: 3 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The Texas law is very different from GA and a prescription from one state is not valid in another state if the state uses state forms. Texas uses state issued pads for prescriptions as well. Unfortunately, the doctor could not replace the prescription unless it was reported lost or stolen to the police and you provided the doctor with the police report number, because the government tracks how much is written on those forms and if he is audited he would have to explain why he issued too many prescriptions to one patient. Interestingly enough, there is no law mandating a doctor ever write any prescription to a patient and it is left solely to the doctor's discretion.

Your recourse is you can take her to a local emergency room or private emergency clinic in Texas and seek to get them to write the prescription if her own local doctor will not issue the prescription OR you would ask your doctor if he would replace it if you report it lost or stolen to the police and give him the report number and in that case it is solely to his discretion.

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