Must a pharmacist judge whether to dispense a valid refill on a prescription after the demise of the practitioner?

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A pharmacist is responsible for ensuring that all prescriptions, including refills, are valid and appropriate for dispensing. When a practitioner passes away, the validity of their prescriptions may come into question because a practitioner-patient relationship is essential for the continuation of care and medication therapy.

Legally, once the practitioner is deceased, any prescriptions, including refills, should no longer be considered valid due to the absence of a licensed professional to carry out the ongoing care of the patient. Therefore, a pharmacist must use their professional judgment to determine whether or not to dispense a refill. This means they need to assess the original prescription's appropriateness and the patient's current health needs while considering that the issuing practitioner can no longer oversee the patient's care.

In practice, if the pharmacist were to dispense a refill without this assessment after the practitioner’s death, they could be held liable for any potential harm that might come from an inappropriate or unnecessary continuation of therapy. Thus, it is the pharmacist's responsibility to judge the situation and ensure that patient care is prioritized, making the first choice the correct one.

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