As a medical practice, it’s important to understand the different physician dispensing laws by state – here is what you should know.
Prescription drugs are part of patient care and health maintenance. When it comes to your practice, you might be wondering, “Can physicians dispense medication at all?” In most states, the answer is yes — as long as you follow all physician-dispensing laws and regulations.
Compliance with the Board of Pharmacy and other regulatory bodies is essential to physician dispensing. Regulations for controlled substances are especially important. In-office dispensing must meet strict medication dispensing laws to be considered safe and legal.
Providers can dispense medication from their offices according to varying laws in different regions of the country. Learn about physician dispensing laws by state so you can make the most out of your practice and improve patient-provider relationships.
State-Specific Regulations and Variations
Each state has different labeling requirements and other physician dispensing laws. In many states, physician dispensing is permitted but requires a license and also may be limited due to laws and regulations. It’s important to stay informed on your state’s rules and federal laws regarding a physician’s office dispensing prescriptions.
Your state’s Board of Pharmacy sets the rules and regulations for physician in-office dispensing. Failing to follow these strict regulations can result in a hearing with your state licensing board, which could jeopardize your medical license. That’s why it’s so important to stay up-to-date on state and federal laws.
Complying with state physician dispensing laws will save your practice (and your medical license) a whole lot of grief. This also applies to nurse practitioners, physician assistants, and other employees in physician’s offices. Every healthcare professional must practice strict compliance.
Role of the DEA in Physician Dispensing
The Drug Enforcement Administration (DEA) has registration requirements for controlled substances. When prescribing controlled substances, providers must always comply with these federal laws and regulations.
The DEA requires that all prescriptions for controlled substances be issued for legitimate medical purposes in all cases. Physicians and mid-level practitioners must demonstrate authentic needs and benefits for patients who are receiving prescriptions for controlled substances.
Important disclaimer: controlled substances can’t be used for general dispensing in their own right. Certain prescription medications that do not fall under the category of “controlled substances” can, but the DEA is quite stringent with its requirements. Practitioners who violate this regulation are subject to consequences according to both state and federal laws.
Providers can collaborate with the DEA to ensure regulatory adherence. This is the wisest decision when you’re looking into physician dispensing in California or any other U.S. state. That way, you can keep your practice and medical license safe from fatal violations.
Dispensing of Controlled Substances
Dispensing and prescribing controlled substances is all about compliance and adherence. The DEA makes it clear that the dispensing of drugs that are considered Schedule II through V must occur only for legitimate medical reasons. Getting lax about prescribing controlled substances can spell trouble for your practice and medical licensure.
Recordkeeping and documentation are key to ensuring compliance and adherence with DEA dispensing regulations. Utilizing dispensing software like Proficient Rx, all of the reporting that is required is done for you.
By working closely with and adhering to DEA regulations, you reduce the risks and legal liabilities associated with controlled substance dispensing. Don’t take shortcuts here. The future of your medical practice depends on compliance.
Prescription Labeling and Patient Education
Proper labeling is key to compliance with physician dispensing laws. The FDA requires that every medication dispensed to a patient have dosage, strength, and ingredient information readily available on the label. On-site dispensing might require more quality control measures for labeling.
Prescription drugs must be accessible, which includes making your language easy to understand. Patients should know exactly what they’re taking, why they’re taking it, and how to properly use their prescriptions. Take the time to break down pharmaceutical information for patients.
Compliance With HIPAA and Patient Privacy
Physician dispensing laws also require compliance with HIPAA regulations. This means protecting patient privacy and information in your dispensing practices. Indeed, it’s important to follow HIPAA rules no matter what type of practitioner you are. Protected health information (PHI) is not something to take lightly.
Keep your dispensing process as simple as possible, and make sure only authorized personnel have access to the dispensing procedures in your office.
Recordkeeping and Documentation
Don’t underestimate the importance of accurate, consistent recordkeeping. Take note of every event that occurs in the dispensing process in your office. These records should reflect the procurement of any drugs in your inventory.
In addition, keep patient information and prescription histories in your files. There are no downsides to keeping records around, and you could find yourself in a big mess if you don’t. Make sure that any protected information is stored in a HIPAA-compliant manner.
You may get auditing or other regulatory requests. Respond promptly and remain prepared for these requests at any moment. The last thing you want is to be caught off guard when the Board of Pharmacy or the DEA comes looking for your records.
To make this process simpler utilize a web-based medication dispensing system like Proificient Rx’s. This type of system utilizes software to keep track of all prescription records keeping including orders and inventory.
Handling Adverse Events and Reporting
Adverse drug interactions and events are part of the healthcare field. The most important action you can take is to report and track these adverse events as soon as they happen. This will protect your practice from violating federal laws and state regulations.
Report medication errors and adverse events to the appropriate regulatory authorities. Your state Board of Pharmacy and the DEA are both good resources but make sure the medical board knows as well. Telling them can save your license and help you avoid unnecessary investigations.
Prompt reporting keeps your patients safe. Don’t wait to get the proper help; report all events immediately.
Prescribing Authority and Scope of Practice
Keep your scope of practice in mind at all times. Physician dispensing laws are specific for a reason. You should always operate within your scope of practice, whether you’re a physician, nurse practitioner, physician assistant, or other healthcare professional.
There are specific Scope of Practice laws that you must follow. If necessary, you can collaborate with other healthcare providers to offer your patients what they need in a timely manner. For example, Proficient Rx will ensure that you are dispensing within the Scope of Practice and following all rules and regulations.
Telemedicine and Virtual Dispensing
Telehealth has taken the healthcare world by storm in recent years. And some physician dispensing laws touch on dispensing through virtual healthcare visits. Brush up on these laws and regulations before offering prescription dispensing in concurrence with telemedicine.
Staying Current With Changing Laws
Continuing education is a large part of being a healthcare professional. Monitor any legislative changes and updates to the physician dispensing laws in your state. And make sure to engage in continued education and training for compliance and adherence.
You should also have legal resources on hand to combat unexpected twists and turns. Physician dispensing laws are intended to keep patients safe, but everyone makes mistakes sometimes. Leverage your legal resources to keep physician dispensing practices safe and compliant.
How Proficient Rx Can Help
Our services are designed to help practitioners of the healing arts begin dispensing medication in-house as simply and as quickly as possible.
As physician dispensing continues to grow in popularity, both in response to the demand for better access to care during the coronavirus pandemic, and due to the benefits afforded to both patients and healthcare practitioners through physician dispensing, it becomes increasingly important to offer a direct path towards implementing point-of-care dispensing for practices and physicians with no place to start.
Proficient Rx specializes in easy-to-use, turnkey web-based dispensing systems that help physicians keep track of inventory and dispensing histories, provide e-prescriptions, print customized and legible labels, and easily follow up on patients with recent prescriptions.
Ethical and legal standards in medication dispensing rule above all other principles. You can ensure compliance by keeping up with physician dispensing laws and using healthcare resources for more information. Reach out to Proficient Rx for more information.