NABP 2013 Newsletter Points Out Difficult Legal and Practicual Challenges for Boards of Pharmacy Created by Interstate and International Business

Subpoena Knows No Borders
By Dale J. Atkinson, JD
Advancements in technology increase
the likelihood of licensees practicing
across state and international lines.
As has been emphasized in previous
Newsletter articles, and in a feature
article in this issue, physical presence
is not necessarily a prerequisite to
practice. That is, practitioners can use
technology to render services within
the scope of practice as defined without
stepping foot within the jurisdiction
where the patient is located. Practice
without physical presence creates
difficult legal and practical challenges
for boards of pharmacy. The courts are
currently, and will continue to grapple
with jurisdictional issues involving what
board and/or court has the authority
to adjudicate administrative disputes.
Further, the investigative processes will
also be challenged regarding the gathering
of relevant information to pursue
administrative prosecution. Consider the
following.
A physician (Licensee)
is licensed in both Kansas
and Missouri. In 2009, the
Kansas State Board of Healing
Arts (Board) opened an
investigation of the Licensee
based upon information
that a patient filed a lawsuit
alleging medical negligence,
fraud, and misrepresentation.
The lawsuit was filed
in Missouri based upon the
fact that the medical services
were rendered in Missouri.
The Board issued a subpoena
to the Licensee requesting
documents related to the
medical treatment of the
patient. The Board took
the position that it had the
authority to investigate the
Licensee’s practice and issue
the subpoena because the Licensee
holds a Kansas license
and the allegations in the
Missouri lawsuit constituted
grounds for discipline under
the Kansas Healing Arts Act.
The Licensee filed a petition
in district court seeking
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NOTE:  That each states law is different as to these types of issues and that one state's law is not binding on another state, but is merely persuasive authority.

The April 2013 NABP Newsletter is Jam Packed With Compounding News

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NABP TO OFFER--Compounding Pharmacy Information Sharing Network Available to Boards Soon Data on Preparation of Patient-Specific Drugs and Non-Patient- Specific Drugs to Be Included

For more information click here

Question of the Day: Are Compounding Pharmacists Being Unfairly Treated in the Press?

Lobbyists weigh in on pharmacy oversight

4 hours ago by editor 0

By Kimberly Kindy and Lena H. Sun

Drug companies are ramping up efforts on Capitol Hill to block specialty pharmacies from mass producing drugs in lightly regulated conditions, urging lawmakers to require that these enterprises return to their traditional roles or face stricter standards.

Commercial drug makers are also pressing a lobbying campaign aimed at stopping these specialty pharmacies, known as compounders, from making “knockoff” drugs for people and their pets that the companies say are costing them millions of dollars in annual profits, records and interviews show.

This rapidly escalating struggle reaches far beyond congressional efforts to rein in reckless compounding pharmacies that began in October after tainted steroids from the Massachusetts-based New England Compounding Center (NECC) were linked to a meningitis outbreak that has killed 48 people.

Amid a public outcry, lawmakers began considering draft legislation to address public safety concerns. With a bill in the works, a range of companies, business associations and health organizations have begun pressing their own interests along a wide front.

Veterinary groups, for instance, have launched their own lobbying campaign opposing the drugmakers. These groups warn that any legislation that required patient-specific prescriptions would deprive them of vital drug stockpiles and that pets would die at their clinics.

Hospitals want to ensure that any new oversight of compounders by the Food and Drug Administration does not cripple the firms’ operations, which could worsen drug shortages.

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