KidDr said:
I'm sorry, dumb question here again--what law are you breaking? (one that says a provider can't be both the prescriber and the patient?) Does it only apply to those with institutional (not full) licenses? Thanks
Actually, there was a thread awhile ago where I listed all the applicable CA business & professions codes which apply. That was CA only - there are 49 other versions! My internet connection is transient because my power is on a rolling blackout, so I can't cite them exactly.
But...here it is in a nutshell - in CA...you have you to have a "good faith relatioship" with the pt in addition to other stipulations. This is a particularly ambigious statement to be sure. But...the original intent (decades ago) was to prevent just anyone from prescribing - what one poster said - just calling me up impersonating a prescriber. Currently...what this is doing is limiting the "internet" prescribers. That thread went back & forth on all the different possibilities of interpretation, but it comes down to what the pharmacist feels comfortable doing. If they've been harrassed by their state board inspector, they will do nothing outside the boundaries.
The other major limitation is prescribers are limited to their "scope of practice". So...a dentist should not be prescribing lisinopril, for example.
However, I do use this example because I was just presented with this very situation on Sunday. A local dentist - I know him from other rxs I've filled had his Canadian mother visiting. She lost her lisinopril which she packed (DON'T PACK YOUR MEDICATION). She had a bottle in her purse with 1 tablet remaining so I could see the label, see the pharmacy (Montreal Canada) see the drug & strength, verify the one tablet was indeed what it was supposed to be - BUT we cannot fill rxs from prescribers from out of the country nor can we transfer them. She was 79, in my area for 3 days & with a son who was a dentist. So...I could send her to the local ER (which is waaaaay backed up because we've had hotter than normal temps for more than 10 days - very unusual) - or - I could let him prescribe 5 days worth of medication until she got home or to her next stop when the luggage might catch up. Did I break the law - yep. Lisinopril is definitely out of the scope of practice of a dentist & he did not have a proper medical relationship with her - dental maybe, but not medical.
But...I used my judgement to give the lady what she needed so she didn't end up being a pt here, she could finish her visit & go on the the next set of grandchildren or home, whatever....I didn't charge her - professional courtesey.
A few points to remember:
Each state is governed by separate pharmacy laws - what is allowable in NY may not be allowable in CA. So - if you did your first PGY-1 year in NY then you move to CA & we are different, its because we have different laws.
As a licensed MD/DO/DDS - you can prescribe - you don't need your institutional #. However, your degree alone does not allow prescribing - you must be in good standing with your license - whichever state licenses you. A license to practice medicine or dentistry is good enough (you have to pay your money & get the license#!) Not all states allow prescribers from other states to prescribe in their state - we do in CA. So...MD's who do academic research only & do not have a license do not get to prescribe.
Insurance reimbursement requires an indentifying prescriber. Currently - it is a DEA - it will change by May of next near to an NPI which is far better. So...if the pharmacist calls & says the insurance denies your prescription (which they might because they do sometimes deny institutional DEA's) - its not because you are not allowed to prescribe - its because the insurance cannot recognize you. In this situation, use your attending's name & #, if its ok with him/her.
To prescribe controlled substances, you need a DEA # - your DEA can be 2, 2N, 3, 4 or 5. If you don't have the appropriate classification on your DEA #, I won't dispense what you write. So...if you don't have a 2N - I won't dispense Percocet, but I will dispense Vicodin if you have a 3. These are federal laws, however, if state law is more restrictive, state law prevails (TX for example).
Pharmacy is one of the most regulated professions around with more exceptions to the rules sometimes than rules themselves. There are 50 versions of each set of rules too - so its hard to give you a flat answer on a forum such as this. I only know CA laws since that is the only place I'm licensed.
Go talk to your pharmacist....be nice....explain what you'd like to have. Really - most of us want to work with you. We have no vested interest in pissing you off & sometimes its external forces (like a state board inspector) who might cause us to be extra tight.
I hope that answered your question - gotta send this before my power goes out again!