State laws, prescriptions

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Doowai

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This is not quite the right fit for this column but

If you are fully licensed in one state, and have a patient in another state (you are not licensed in) who calls you with an emergent request for some non-controlled prescription item like Ciprofloxacin, can you phone in a prescription for them to the other state?
 
This is not quite the right fit for this column but

If you are fully licensed in one state, and have a patient in another state (you are not licensed in) who calls you with an emergent request for some non-controlled prescription item like Ciprofloxacin, can you phone in a prescription for them to the other state?

Yes. Your DEA is a national number.

I have only had a problem once and it was with narcotic scripts being "transported over state lines" and then it was only a matter of explaining to the pharm that the patient was injured in my state and lived in their state and was recently discharged.
 
So I can write a prescription for a patient who lives in a nearby state, after they're discharged from the hospital and return home? Previously, with my institutional DEA number, they couldn't get their scripts filled.
 
So I can write a prescription for a patient who lives in a nearby state, after they're discharged from the hospital and return home? Previously, with my institutional DEA number, they couldn't get their scripts filled.

The problem is almost always with an institutional DEA, not your personal one (which is national), and as I noted above, with narcotics.

There should be no reason why you couldn't write a script for say, Cipro, for a patient who lives in a nearby state with your personal DEA. There is no law against it that I am aware of. That said, I was always careful about telling patients who did live elsewhere to fill their narc scripts in state.
 
Are there any laws against writing a script for a family member?
 
I'll jump in as a pharmacist. State laws vary on what is allowed & what is not allowed as far as prescribing for family/friends. Physicians often don't realize that prescribing laws are governed by states, not federal laws. Even though we have federal controlled drug laws, if a state law is more restrictive, the state law overrides the federal. That is the case here in CA & I know it occurs in TX as well.

In my state, CA, you must have a professional relationship to prescribe for the patient. In state board opinion & case law, that translates to having seen the patient in person, have a current chart within your office/clinic/place of practice, etc...

However, those laws are in place to prevent online prescribing and the rx I've known to be subpoenaed (sp???) have been those for excessive numbers (numbers of rxs) or quantities of controlled drugs, or when a pharmacy is "caught" sending rxs over state lines. Remember - no one tracks noncontrolled drugs except insurance companies, but The Dept of Justice "sees" each controlled drug the moment it is filled.

Now, given all this, I fill for prescribers family many, many times - particularly at this time of year. It is professional courtesey on my part & those prescribers do not abuse their prescriptive rights. Their children go to pediatricians, spouses use their own physicians & the physicians/dentists themselves normally use their own providers on a regular basis. However, when it is a holiday and the grandparents come & forget their medication, the wife develops a UTI or a child now has a full blown ear infection, I'm very comfortable filling an rx for a prescriber & in 30+ years have never had any issues from any state agency.

The whole DEA# thing is changing (thankfully!). The DEA # was only required if you wanted insurance coverage. Cipro generic is not so expensive anymore, but when it was brand only (like Levaquin or Avelox is), insurance was important. The only way an insurance company could identify the prescriber was by the DEA#. That was the only unique & non-repetetive # available. License #s & patterns are not uniform state to state - so you'd have a dentist in WI having a license exactly the same as a podiatrist in FL. In CA, we stopped allowing institutional use of DEA's outside of the institution about 8 years ago.

Now, however, we have the NPI #. This also is a unique & non-repetetive set of #s which identifies each prescriber, clinic & pharmacy. We will no longer be using the DEA (soon hopefully - was supposed to be this month, but was delayed). We have finally convinced the insurance companies that having prescribers DEA #s so ubiquitous allowed them to be easily "found" & used without the prescribers knowledge. So, in the future, your DEA # will only have to be used for controlled drugs - not the cipro example. For insurance, your NPI will be fine.

So - long explanation, but each state has its own rules for presribing for family. Each pharmacist within the state use their own judgement on how far they're willing to "bend" the rules. If you try to call in an rx to a different state & the pharmacists says you can't, thats just the laws of that particular state.

There is a long thread on this issue a year or so back. Perhaps Dr. Cox can find it.
 
RE: "tracking of prescriptions"

I've known drug companies to be aware of the prescribing patterns of physicians. Now I cannot say whether or not they got that info from the pharmacies, insurance cos, or where but I have, on occasion, received letters from Big Pharma X stating that they see I have "written x number of Cipro scripts during the last x number of months" and "might suggest I try Avalox", etc.

Its a bit disturbing.

Anyway, to summarize the post above:

1) there is no law that you cannot prescribe for your family members but you would be wise not to do so, except in the cases of emergencies because it is expected that you are actually the patient's physician and have a medical record on them; pharmacists may refuse to fill the scripts

2) you can write scripts for patients who live out of state; you will have the most trouble if you only have an institutional DEA and especially if you are writing for narcs (in which case without your own DEA, the script will probably not be filled)
 
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