Designation as “Controlled Substance Prescriber” on DOH Provider Profile Not a Bar to Prescribing Controlled Substances, According to Board of Medicine

PS 4 Indest-2009-3By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

According to a posting the Florida Board of Medicine, Department of Health made on its website on July 21, 2015, a physician’s failure to be designated as a “Controlled Substance Provider” in his or her online DOH provider profile, should not prevent pharmacists from filling prescriptions the physician writes for controlled substances.

The posting on its online website sates the following:

“The Department has received numerous calls in recent weeks from physicians expressing concerns that some pharmacists are not filling controlled substance prescriptions if the physician is not listed as a controlled substance prescriber on the practitioner profile on the Department of Health’s website. While there may be many reasons a pharmacist may decide in his or her professional judgment not to fill a prescription, the Department wants to ensure that any confusion concerning the physician registration requirements is addressed.”

The posting on the website goes on to state:

“The lack of a designation on the physician profile concerning controlled substances does not necessarily mean that the physician cannot prescribe controlled substances. Section 456.44, Florida Statutes, requires a physician licensed under chapter 458, chapter 459, chapter 461 or chapter 466 who prescribes controlled substances listed in Schedule II, Schedule III, or Schedule IV for the treatment of chronic nonmalignant pain, to designate himself or herself as a controlled substance prescribing practitioner on the physician’s practitioner profile. This requirement is applicable only to those physicians that are treating patients for chronic nonmalignant pain. Therefore, physicians that are not treating patients for chronic nonmalignant pain are not required to register and may continue prescribing controlled substances for other diagnoses.”

This type of confusing bureaucratic “guidance” seems as though it will do nothing but cause further confusion, especially to pharmacists. To read the statement from the DOH, click here.

Comments?

Do you agree with the Department of Health’s statement on their website? Do you think physicians should have a profile on the DOH provider profile in order to prescribe a controlled substance? Please leave any thoughtful comments below.

Contact Health Law Attorneys Experienced in Representing Pharmacies and Pharmacists.

The Health Law Firm represents pharmacists and pharmacies in DEA, DOH and FDA investigations, regulatory matters, licensing issues, litigation, administrative hearings, inspections and audits. The firm’s attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 and visit our website at www.TheHealthLawFirm.com.

Source:

Florida Board of Medicine.”Controlled substance prescriber not required on profile”. Department of Health. (July 21, 2015). From:
http://flboardofmedicine.gov/latest-news/controlled-substance-prescriber-not-required-on-profile/

About the Author: George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law. He is the President and Managing Partner of The Health Law Firm, which has a national practice. Its main office is in the Orlando, Florida area. www.TheHealthLawFirm.com The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone: (407) 331-6620.

KeyWords: Florida Board of Medicine, Department of Health, DOH, controlled substance, controlled substance provider, controlled substance prescribing practitioner, physician registration requirements, health care professional, health law, health care law, health law attorney, health care lawyer, health law, The Health Law Firm

“The Health Law Firm” is a registered fictitious business name of George F. Indest III, P.A. – The Health Law Firm, a Florida professional service corporation, since 1999.
Copyright © 1996-2015 The Health Law Firm. All rights reserved.

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