Fifth Circuit Limits DEA Use of Red Flags in Pharmacist Liability

A recent Fifth Circuit decision rejected the Drug Enforcement Agency’s (DEA) long-standing interpretation of its own regulations on pharmacist duties and significantly limits the DEA’s ability to establish a pharmacist’s violation of corresponding responsibility on red flags. The ruling marks an important development and may spur continued discussion about how federal and state standards intersect and shape pharmacists’ responsibilities.... By: Harris Beach Murtha