February 14, 2024

Libby Baney Comments on Avoiding ‘Red Flags’ for Out-of-State Prescriptions in Bloomberg Law

Libby Baney, Government & Regulatory partner, spoke to Bloomberg Law regarding a letter to the DEA urging the agency to inform pharmacies that the “geography of a prescriber in relation to the patient or the pharmacy should not be a ‘red flag’ when a prescription is a result of a telehealth visit.”

Baney stated that the proposed rule will be the perfect opportunity to clear up any ambiguity over what constitutes “proper dispensing” for pharmacists.

“Right now, the red flags tell a pharmacist, ‘Yikes, I’m nervous, and the DEA’s guidance says I should be nervous, and the DEA hasn’t told me how to stop being nervous,’” said Baney.

She also noted, “The DEA has a unique opportunity in this rulemaking to clarify that we do want you to dispense pursuant to legitimate prescriptions, and legitimate prescriptions can be issued via telemedicine when a doctor is at a distance.”

The full article is available to Bloomberg Law subscribers.

Full Article

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