Is a pharmacy allowed to refuse to fill a prescription based on the prescribing doctor?

UPDATED: Sep 30, 2022

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Is a pharmacy allowed to refuse to fill a prescription based on the prescribing doctor?

This is the 2nd time in the last 1.5 years that tds pharmacy has told
me that they will not fill my prescriptions that are written by my
doctor. The incident last week was not the same doctor as the incident
that happened previously. These happen to be pain medication for my
pain management as I am disabled. They refused any kind of explanation
stating that they can’t tell me why? They are the only pharmacy in
this town I can’t help but feel discriminated against without as
much as a reason or a letter. Is this legal for them to do? Force me
to drive 70 miles round trip to the next pharmacy that will fill my

Asked on April 20, 2017 under Personal Injury, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

They are allowed to refuse to fill it--would actually have a duty to not fill it--if they believe that the prescription is dangerous for you, was forged, or was obtained without the doctor properly examining you before granting it; they have a professional and ethical obligation to not fill prescriptions which they have concerns or questions about it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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