Monday, August 4, 2014

Ninth Question of the Day August 4, 2014 If a state law provides that no registered pharmacist or owner of any pharmacy licensed in that state can pay a commission for referring customers or clients then if company x is Texas resident pharmacy but doing business and licensed in Flordia or Nevada but pays their reps a commission doesn't this violate Nevada and Florida law and shouldn't those states revoke the pharmacist and/or pharmacy license to do business in that state? Should these pharmacies and pharamcists be prosecuted in states where they violate kickback laws? Should they be prosecuted federally for kickback laws? If the commissions were taken out of all compounding drug sales, how quick would the industry clean itself up?

 NV Rev Stat § 639.264 (2013)
1. No registered pharmacist, or owner of any pharmacy licensed under the provisions of this chapter, may offer, deliver or pay any unearned rebate, refund, commission, preference, patronage dividend, discount or other unearned consideration to any person, whether in the form of money or otherwise, as compensation or inducement to such person for referring prescriptions, patients, clients or customers to such pharmacist or pharmacy, irrespective of any membership, proprietary interest or co-ownership in or with any person by whom such prescriptions, patients, clients or customers are referred.

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