Legal Question in Employment Law in Pennsylvania

Legal to issue an Rx online?

I got prescribed valium online by a licensed US pharmacy, via online form.

On a company drug test, is it considered a legal prescription?

Can I pass a drug test while taking said prescription?


Asked on 8/07/06, 2:42 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Legal to issue an Rx online?

You asked 1) whether a prescription that you obtained online is valid and 2) if that substance shows up in a drug screen will you be at fault.

I assume the prescription was from a doctor on the Internet and filled online. The answer is no. The Department of Justice has cracked down on doctors and pharmacists who have diagnosed, prescribed and disbursed prescriptions online. The Dept. of Justice holds that a physician cannot prescribe medications without an in person examination.

If you were prescribed medication by your physician and that prescription was filled by an online pharmacy you would probably be in good stead. The pharmacy may have improperly filled a prescription but you would be clear unless you knew that this was unlawful.

Pharmacists are licensed under state law and those licenses are not portable. Pharmacies are registered with agencies of the federal government and comply with federal regulations, but operate under state law. Legitimate online (and mail-order) pharmacies have gone to the trouble of registering, qualifying and establishing business throughout the country (i.e. Caremark) and require a bona fide prescription. Illegitimate online pharmacies operate without having properly qualified to do business as necessary. These online pharmacies do not have any license(s) to fill prescriptions in the manner that they do.

Now what to do? If you are currently taking a medication PRESCRIBED by an online doctor you should _immediately_ go see a physician, in person, and get a proper prescription.

Part 2, Valium will show up in a drug screen. Where a prescription will not affect performance, such as an inside sales jobs or work at a desk. Then a legal prescription for Valium would probably be acceptable.

Work in a wide scope of positions that are regulated would be problematic not only from a positive test but often simply by taking the medication. Such positions would include employees at airports, security, law enforcement, transportation and positions involving dangerous devices or large equipment or machinery. This list isn�t exhaustive. In most such positions a person testing positive for prescription Valium might be reassigned. Employers could have different policies, but you should be aware that the underlying condition may provide certain rights under the Americans with Disabilities Act or the Family Medical Leave Act.

All prescribed substances should be disclosed before any drug test. The assumption is that a positive result is illicit. In some cases tests are unable to distinguish between licit forms and illicit forms and all results would be assumed illicit. Your employer may require you disclose all medications which may affect performance before even starting any medication.

If you have any sort of employment problems I would be happy to speak with you.

Regards,

Roger Traversa

EMAIL: [email protected]

PHONE: 215.279.8940

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Answered on 8/07/06, 4:22 pm


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