Cross State Prescription Question

[Mirthful]

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I've never quite seen the answer to this question and I would love some insight. I'm using CA and FL in this example to make it more straightforward, but if there's an answer that applies to all states I'd want to hear it.

If a doctor licensed in CA (and not FL) sees a patient that is a resident of CA, but sees them in FL, and then calls in a prescription to the patient's pharmacy in CA, was the doctor practicing across state lines and without a license in FL? Or were they reasonably practicing under their CA license?

What if the patient has the prescription picked up at a FL pharmacy because they have a national chain? Does that change whether the doctor was practicing with or without a license?

 

[Sine Cura]

Utilizing a CA license to practice within the state border of FL. Don't think it's legit

FWIW I have reported prescribers for the above scenario... not like boards of medicine give a crap... right... unlicensed practice NBD

 

[owlegrad]

Wow I was just having this same conversation with a RPh friend of mine. I am very curious what others have to say about it. I think the scenario you describe is probably legal but I can't point to any specific law to support that belief.

Sent from my SAMSUNG-SM-G920A using SDN mobile

 

[Sine Cura]

Not 1:1, but if a Portland, OR, chain retail pharmacist with an OR license but not a WA license is somehow allowed to work a floater shift in Vancouver, WA, and during this shift transfers a script for an Oregon resident written by an Oregon prescriber to a Portland pharmacy, they are still working without a WA license. Your state license is not a universal one.

Telemedicine regulations do not apply to the OP scenario

 

[CetiAlphaFive]

Let's look at it a different way:

Would a doctor licensed only in Mexico be allowed to do rounds in the ICU of an American hospital if the floor only had Mexican patients?

Substitute Mexican for Californian and American for Floridian.
Is the answer different?

 

[zelman]

If the doctor ran into a patient at Disney world and they mentioned that they dropped their albuterol inhaler off splash mountain, I think it's fine for them to call in a new RX. The provider-patient relationship establishment and physical exams occurred in California.

 

[CetiAlphaFive]

If the doctor ran into a patient at Disney world and they mentioned that they dropped their albuterol inhaler off splash mountain, I think it's fine for them to call in a new RX. The provider-patient relationship establishment and physical exams occurred in California.

Would you accept an Rx written on a napkin from the Be Our Guest Restaurant? LOL

 

[Dred Pirate]

lets put this situation out there (since I know it happened/happens) - you live in a border area - lets say NYC - you are licensed in NY, but live in Conn - (your office is in NY) - your friend is visiting and you give them a RX because they lost their inhaler while they are staying at your house. Is this practicing across state lines?

 

[Digsbe]

If you are licensed in CA you only practice in CA. If you work in CA and have your office there and give an RX to someone who fills it in another state that's legal. If said CA licensed MD goes to FL and decides to practice there or write scripts/see patients in FL they need a FL license. To my knowledge I believe medical law states they need to keep medical records for prescriptions and evaluations and establish a practitioner-patient relationship. If that's not done properly that's not practicing medicine according to the law (from what I understand). In the same way that you can't have a CA license and go work in FL neither can others with state licenses. The only universal license is if you work for the Fed and have an active license in 1 state or territory. If an MD is practicing in a new state they are subject to that state's laws. What happens if a state mandates a provider check the PDMP or has limits on controls they can write? (Some states to my knowledge are implementing restrictions on opioid prescribing). The whole conspicuously displaying your state license where you practice would also be an issue if you don't have one in that state or for that practice location...