MD prescribing in a state that he's not licensed to practice medicine

Discussion in 'Medical Students - MD' started by SWSF, Jan 14, 2012.

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  1. SWSF

    SWSF Banned

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    I am a new pharmacist. I am curious as to what is the law for physicians prescribing in different states.

    (1) Can a prescriber, who doesn't have a license to practice in CA, call in a verbal for a CA patient? For an example, MD is licensed in NY but not in CA. Patient lives in CA and the pharmacy is in CA. Can MD call in a verbal to the CA pharmacy?

    (2) MD is licensed in NY but not in CA. Patient lives in NY but the pharmacy is a mail order pharmacy and is located in CA. The pharmacy is planning to mail the prescription to NY. Can MD call in a verbal to the CA mail order pharmacy?
     
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  3. cbrons

    cbrons Ratatoskr! *Roar* Bronze Donor 7+ Year Member

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    I don't know, I think it depends. You should ask in the pharmacy forum. I'm pretty sure it only matters whether or not the DEA number is valid. I thought a prescriber in one state could write a prescription that could be filled in any of the fifty. This is partly because if I get a prescription filled at a walgreens at home and then go on vacation to another state, that walgreens out of state will still fill the prescription.
     
  4. peacewalker

    peacewalker 5+ Year Member

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    An MD can prescribe and call in a rx to a different state in which he is not licensed in, providing that the pharmacist determines in "good faith" that there exists a patient /physician relationship and that the MD is qualified to prescribe that certain medication.

    Sent from my DROID RAZR using Tapatalk
     
  5. bassvp

    bassvp MS4--Doing the derm dance... 7+ Year Member

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    this.
     
  6. michaelrack

    michaelrack All In at the wrong time SDN Advisor 7+ Year Member

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    I am licensed in Mississippi and Alabama. One of my clinics is in MS, 2 miles from the Mississipppi/TN border. Haven't had any problems. Other than a "border" situation, I try to avoid calling in CONTROLLED substances to pharmacies in a state in which I am not licensed. Have occasionally called in non-narcotics for pts on vacation.
     
  7. dr zaius

    dr zaius 7+ Year Member

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    Off topic, but I'm pretty sure my dad went to your clinic a few years ago. Small world.
     
  8. sirenomelia

    sirenomelia Banned

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    it varies state to state and depends on what medicine is prescribed. Certain states, Texas and I think Idaho and very strict about practicing in their state without a license and may charge a physician with a felony if they are not properly credentialed.
     
  9. bassvp

    bassvp MS4--Doing the derm dance... 7+ Year Member

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    To the best of my knowledge, even strict states will take OOS non-controlled prescriptions. In Texas (as a good example of a strict state), pharmacies may not fill a controlled substance Rx from OOS (as far as I can recall). However, even in states that will take OOS controlled substances Rx's, you're better off making a phone call to determine that patient/physician relationship.
     
  10. bassvp

    bassvp MS4--Doing the derm dance... 7+ Year Member

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    Additionally (in case you haven't run into this yet), a military physician must carry a license in the state in which they're located to have their patients be able to fill prescriptions off-base.
     
  11. IlDestriero

    IlDestriero Ether Man 7+ Year Member

    I wrote hundreds of rx while in the military without a license in that state, most for controlled substances. I'm not sure you're correct, or perhaps it's a new or state specific regulation. All they want is a DEA #.
     
  12. bassvp

    bassvp MS4--Doing the derm dance... 7+ Year Member

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    I'll check on this to make sure I'm not being an idiot (which is entirely possible).
     
    Last edited: Jan 16, 2012

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