Legal Question in Legal Ethics in New York
i work in a dental office.i am an assistant. when my boss goes away on vacation, he gives us permission ( myself and the office manager) permission to call in prescriptions, (only amoxiciliin) for a patient of ours with a toothache and/ or abcess.we never give anything but antibiotics and make an appointment for the doctor when he returns. the hygienist is scared that she may lose her liscense for this. she is not able to write prescriptions at all, so i dont see what this has to do with her at all. is there a pharmacy law about this. should she be worried?? we are representitives of the office and if the doctor gives permission- isn't he the only one responsible??please advise. also,i have spoken to about 10 pharmacists and they all said it should be ok but they dont know the specific law regarding this-- where can i get a a copy of this law, either way?
1 Answer from Attorneys
Unless this is a specific named patient who you have been instructed to call in for, I would not do it. There should be an on call dentist for all other situations. Imagine what would happen if you overlooked an allergy to the medication or if there was an unknown allergy and a reaction. Better safe than sorry. It sounds like your dentist does not want o pay an on call associate so is using you instead, not safe. Good luck!.
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