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The Philadelphia Medical and Surgical Reporter, quoting from the American Journal of Pharmacy, embodies a legal opinion, the gist of the argument of which appears to be that the apothecary needs the filled prescription as evidence for his own or other protection and therefore retains the paper on the ground of convenience, " to warrant himself if a question shall arise as to correctness of conduct." " Evidently the only dispute can exist in a case in which the physician and patient have parted with the possession of the paper and it has lawfully come into the hands of the apothecary at the instance of the patient." The delivery to the apothecary is not virtually a transfer, nor is a new prescription requisite every time the order is sought to be filled. Says Mr. McMurtrie, the utterer of the opinion, "there ought to be no doubt that the apothecary may, if he
WHO OWNS THE PRESCRIPTION?. JAMA. 1891;XVI(17):600. doi:10.1001/jama.1891.02410690024005