Walmart Sues DOJ and DEA Seeking Clarity for Pharmacists in Dispensing Prescription Opioids
October 22 2020 - 5:27PM
Business Wire
Walmart has sued the U.S. Department of Justice (DOJ) and the
Drug Enforcement Administration (DEA), asking a federal court to
clarify the roles and responsibilities of pharmacists and
pharmacies under the Controlled Substances Act (CSA). Walmart Inc.
v. DOJ, et al. is pending before the U.S. District Court for the
Eastern District of Texas.
In a statement, the company said:
Walmart and our pharmacists are committed to helping address the
opioid crisis that has affected so many. We are proud of our
pharmacists, who help patients understand the risks about opioid
prescriptions, and who have refused to fill hundreds of thousands
of opioid prescriptions they thought could be problematic. With the
help of a team of investigators and experts, Walmart has also
blocked thousands of questionable doctors from having their opioid
prescriptions filled by any of our pharmacists, and we frequently
assist law enforcement in bringing bad doctors to justice.
Unfortunately, certain DOJ officials have long seemed more
focused on chasing headlines than fixing the crisis. They are now
threatening a completely unjustified lawsuit against Walmart,
claiming in hindsight pharmacists should have refused to fill
otherwise valid opioid prescriptions that were written by the very
doctors that the federal government still approves to write
prescriptions.
We are bringing this lawsuit because there is no federal law
requiring pharmacists to interfere in the doctor-patient
relationship to the degree DOJ is demanding, and in fact expert
federal and state health agencies routinely say it is not allowed
and potentially harmful to patients with legitimate medical
needs.
DOJ is forcing Walmart and our pharmacists between a rock and a
hard place. At the same time that DOJ is threatening to sue Walmart
for not going even further in second-guessing doctors, state health
regulators are threatening Walmart and our pharmacists for going
too far and interfering in the doctor-patient relationship. Doctors
and patients also bring lawsuits when their opioid prescriptions
are not filled.
Walmart and our pharmacists are torn between demands from DEA on
one side and health agencies and regulators on the other, and
patients are caught in the middle. We need a court to clarify the
roles and legal responsibilities of pharmacists and pharmacies in
filling opioid prescriptions.
About Walmart
Walmart Inc. (NYSE: WMT) helps people around the world save
money and live better - anytime and anywhere - in retail stores,
online, and through their mobile devices. Each week, over 265
million customers and members visit approximately 11,500 stores
under 56 banners in 27 countries and eCommerce websites. With
fiscal year 2020 revenue of $524 billion, Walmart employs over 2.2
million associates worldwide. Walmart continues to be a leader in
sustainability, corporate philanthropy and employment opportunity.
Additional information about Walmart can be found by visiting
corporate.walmart.com, on Facebook at facebook.com/walmart and on
Twitter at twitter.com/walmart.
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