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Is it legal for your doctor's office to ask you to donate your fertility drugs worth $5000 back to them

After my hysterosalpingogram revealed my tubes were blocked the doctors office had already ordered drugs for IUI procedures and had to change to drugs forIVF. The drugs had already been shipped to my house and when I asked the nurse about them she said don't worry you have good insurance we can order you another set of drugs and you can give the ones you have to us. The drugs used for IUI and IVF are very similar and can be used for either they just have to adjust the dosage.

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Asked by Anonymous at 7:40 PM on Oct. 26, 2008 in Trying to Conceive

Answers (14)
  • I would imagine not, they can't MAKE you do anything, but they can ask whatever they would like of you. Doesn't mean you have to do it. Most likely they would take the donation, and then sell them to someone else directly for profit.


    Answer by CarolynBarnett at 7:43 PM on Oct. 26, 2008

  • Even if it's legal, it's unethical. There is no garuntee that the drugs weren't tampered with. Would you want to buy drugs from your doctor that had been donated by someone else? It probably wouldn't be a problem but the slightest risk isn't worth it. I think it would be illegal though because there are laws about who can dispense drugs. The doctor should only be receiving drugs from a legit drug rep or a pharmacy.

    Answer by manna1qd at 7:51 PM on Oct. 26, 2008

  • Now that I think of it, I think the doctor's office needs to order when they know what you will be needing, not before. If they do this on a routine basis, they may be commiting insurance fraud though technically, it was a mistake. Sounds like bad practice whatever it is. It puts you in a position doesn't it? Sounds like you may think it is a bit shady. Go with your gut and do what you think is the right thing. If they get mad becuase you won't turn over those drugs, find another doctor. You have no obligation to allow them to benefit because of a mistake on their part.

    Answer by manna1qd at 7:55 PM on Oct. 26, 2008

  • I thought that once a drug was in possession of a consumer, it could not be reintroduced to the market. In other words, I don't think they can legally reuse or resell those drugs in the USA. I may be mistaken about that, but that is my understanding.

    Answer by BlueFrogMama at 8:09 PM on Oct. 26, 2008

  • What they are asking is, since you can get new drugs with your ins, can you give those to them to use for someone who can't afford to get the drugs they need. It's done all the time.

    Answer by Anonymous at 8:29 PM on Oct. 26, 2008

  • They can't re-use them, it is illegal. Can you call your insurance and see if you can send them back and get a refund?

    Kristi Landis
    OBGYN Nurse by Day
    Passion Party Gal by Night

    Answer by kristilandis at 9:46 PM on Oct. 26, 2008

  • were they open? if not i don't see why you couldn't donate them to the is going to take me 8 months to save for an IUI and injections and i would be thrilled to take unused drugs from someone who couldnt use them

    Answer by MiraclesDHappen at 10:45 PM on Oct. 26, 2008

  • oh and everything i have read while in my ttc .....i dont think it is far as financing everything says to ask your doctor if they have drugs that other patients didnt need or had donated

    Answer by MiraclesDHappen at 10:48 PM on Oct. 26, 2008

  • sorry im back...why can't you use these for ivf?

    Answer by MiraclesDHappen at 10:49 PM on Oct. 26, 2008

  • What people CAN do with their unused unopened fertility drugs is donate them back to their fertility clinic. The Dr's there can safely distribute the meds to people who truly need them. A few months ago, I was the very grateful recipient of donated meds. Our insurance doesn't cover any treatment for infertility and paying out of pcket is practically impossible for us. Paying for full cycles, we'd have been able to try once. By receiving donated drugs we will now be able to try 2-3 times, which isn't a lot, but means everything since that first cycle failed.


    Answer by Anonymous at 11:27 PM on Oct. 26, 2008

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