CVS Pharmacy's Temporary Restraining Order Against DEA Extended by Judge

Wednesday, March 7, 2012


On Friday, March 2, 2012, a judge ordered that the temporary restraining order entered on behalf of CVS Pharmacy against the Drug Enforcement Administration (DEA) will remain in effect until March 13. This temporary restraining order prohibits the DEA from banning two Sanford CVS pharmacies from filling prescriptions for controlled substances like oxycodone and hydrocodone.

CVS Pharmacy filed a request with the court for the temporary restraining order in early February 2012, after the DEA issued emergency suspension orders against two of CVS Pharmacy's Central Florida stores for allegedly not having a system in place to detect illegitimate prescriptions.

However, according to court documents it is the position of CVS that the two Central Florida pharmacies in question not only voluntarily stopped distributing oxycodone prescriptions, but also stopped filling controlled substance prescriptions written by doctors identified by CVS as "high-prescribing" physicians (see this blog).

In addition to extending CVS' temporary restraining order, the judge also ordered the DEA to file the agency's full administrative record with the court by March 5, 2012.

For more information about legal matters impacting pharmacies, like emergency suspension orders and other DEA actions, please visit our website at www.TheHealthLawFirm.com.

3/7/2012

Comments:

Response to: CVS Pharmacy's Temporary Restraining Order Against DEA Extended by Judge
Tuesday, December 22, 2015
Tess says:

My boyfriend is a pharmacist and has a civil restraining order against him. He tried to fight it but the judges didn't seem to listen or even look at the lack of evidence. So now he's stuck with it and of course still has to work. There are no other criminal or civil charges or convictions or anything legal on his record. We can't find any information about what would he should do if that person came into his pharmacy. If he can not have contact how is he able to give advice or even tell the person that he is the pharmacist? Because this is not a criminal matter, does he have to diclose this to his employer? Are there specific laws or resources regarding this situation? Any help is appreciated! He wants to be honest but is afraid that asking his employer actually cause his to lose his job. Thank you!

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