Navigating the Complexities of Pharmacy Law with Florida Healthcare Law Firm

In the ever-evolving landscape of healthcare, one crucial aspect that often goes under the radar is pharmacy law. As an integral component of the broader legal framework, pharmacy law plays a pivotal role in regulating and ensuring the safe and effective practice of pharmacy professionals. In the state of Florida, where healthcare regulations are stringent, understanding and adhering to pharmacy law is of paramount importance. This is where specialized legal entities like the Florida Healthcare Law Firm come into play, providing guidance and expertise to navigate the intricate nuances of pharmacy law.

What is Pharmacy Law?

Pharmacy law encompasses a set of regulations and statutes that govern the practice of pharmacy professionals, ensuring the safety and well-being of patients. It covers a wide range of aspects, including licensing requirements, prescription and dispensing regulations, record-keeping, and the prevention of drug abuse. Essentially, pharmacy law serves as a comprehensive guide that outlines the ethical and legal responsibilities of pharmacists and other healthcare professionals involved in the pharmaceutical supply chain.

Florida Board of Pharmacy Law

In the state of Florida, the Florida Board of Pharmacy is the regulatory authority responsible for overseeing and enforcing pharmacy law. This board sets the standards for pharmacy practice, issues licenses to qualified professionals, and takes disciplinary actions when necessary. Pharmacists in Florida must stay abreast of the regulations outlined by the board to ensure compliance with the law. Any deviation from these regulations can lead to severe consequences, including license suspension or revocation.

Navigating the Complexities with Florida Healthcare Law Firm

Given the intricate nature of pharmacy law, seeking legal counsel becomes imperative for pharmacy professionals and entities involved in the pharmaceutical industry. The Florida Healthcare Law Firm stands out as a beacon of expertise, specializing in healthcare-related legal matters, including pharmacy law. Their team of seasoned lawyers possesses an in-depth understanding of the ever-changing legal landscape and is well-versed in Florida-specific regulations.

The firm provides a range of services tailored to the needs of pharmacy professionals, including legal counsel on licensing and compliance, representation in disciplinary actions, and assistance in navigating the complexities of pharmacy law. With their finger on the pulse of the legal system, the Florida Healthcare Law Firm ensures that clients remain informed and empowered to make decisions that align with the legal framework.

Florida Pharmacy Law: A Multifaceted Approach

Florida’s pharmacy law is multifaceted, covering everything from prescription requirements to controlled substance dispensing. Pharmacists must comply with regulations related to prescription labeling, patient counseling, and maintaining accurate records. The Florida Healthcare Law Firm helps pharmacy professionals interpret and implement these regulations effectively, reducing the risk of legal pitfalls.

The Role of a Pharmacy Lawyer

Pharmacy lawyers play a crucial role in safeguarding the interests of pharmacists and pharmaceutical entities. These legal professionals offer proactive guidance to ensure compliance with pharmacy law, represent clients in legal proceedings, and provide strategic advice to navigate the complex regulatory landscape. With the Florida Healthcare Law Firm, pharmacy professionals have a dedicated ally to protect their interests and uphold the highest standards of practice.

In conclusion, pharmacy law is a dynamic and essential component of healthcare regulation. Navigating the intricacies of pharmacy law in Florida requires specialized knowledge and expertise. The Florida Healthcare Law Firm serves as a valuable partner, offering guidance and legal support to pharmacy professionals, ensuring compliance with the law and fostering a safe and effective pharmaceutical practice in the state. As the legal landscape continues to evolve, having a trusted legal ally becomes indispensable for those in the pharmacy profession.

Navigating Professional Assurance: A Guide to Florida Pharmacist License Lookup

medical license defense

In the dynamic field of healthcare, the assurance of professional qualifications is paramount, and this holds especially true for pharmacists. As guardians of public health, pharmacists play a crucial role in the safe and effective distribution of medications. For both employers and the general public, ensuring that a pharmacist holds a valid and up-to-date license is essential. In Florida, the process is made seamless through the Florida Pharmacist License Lookup, a tool designed to provide instant access to the licensing status and credentials of pharmacists across the state.

Understanding Florida Pharmacist License Lookup

The Florida Pharmacist License Lookup is an online resource that allows easy access to information about the licensure status of pharmacists in the state. Whether you’re a prospective employer, a healthcare facility, or a concerned patient, this tool provides a quick and reliable way to verify a pharmacist’s credentials.

How to Use Pharmacist License Lookup

The process of using the Florida Pharmacist License Lookup is straightforward. By entering the necessary details such as the pharmacist’s name or license number, users can retrieve real-time information about their licensure status. This transparency ensures that pharmacists are held accountable for maintaining their credentials and adhering to the standards set by the Florida Board of Pharmacy.

Importance of Pharmacist License Lookup

For Employers: Employers in pharmacies, healthcare facilities, and other related industries rely on the Pharmacist License Lookup to verify the qualifications of potential hires. Ensuring that a pharmacist’s license is in good standing is crucial for maintaining a high standard of care and compliance with regulatory requirements.

For Healthcare Facilities: Hospitals, clinics, and healthcare institutions often use the Pharmacist License Lookup to confirm the eligibility of pharmacists providing services within their organizations. This diligence ensures that patients receive care from qualified professionals, contributing to the overall safety and quality of healthcare delivery.

For the Public: Patients can also benefit from the Pharmacist License Lookup by independently verifying the licensure status of their pharmacists. This empowers individuals to make informed decisions about their healthcare providers and fosters trust in the professionals who play a vital role in managing their health.

The Florida Board of Pharmacy

The Florida Board of Pharmacy oversees the licensure and regulation of pharmacists in the state. Through the Pharmacist License Lookup, the board enhances transparency and accountability in the healthcare system. Pharmacists must adhere to the board’s standards to maintain their licenses, reinforcing the commitment to public safety and well-being.

In a profession where precision and accuracy are paramount, the Florida Pharmacist License Lookup serves as a crucial tool for ensuring the legitimacy of pharmacists’ credentials. Whether you are an employer, a healthcare facility, or a vigilant patient, this resource provides a convenient and reliable means of verifying a pharmacist’s licensure status. By embracing transparency and accountability, the Florida Board of Pharmacy, through the Pharmacist License Lookup, plays a pivotal role in upholding the standards of the pharmacy profession and ensuring the highest quality of care for the residents of the Sunshine State.

Safeguarding Health: Navigating Pharmacy Errors and Legal Recourse

law concept Judge law medical Pharmacy compliance Health care business rules.

In the realm of healthcare, pharmacies play a vital role in ensuring the safe and accurate dispensing of medications. However, the unfortunate reality is that pharmacy errors can occur, potentially leading to serious consequences for patients. Understanding the legal aspects surrounding pharmacy errors, the role of pharmacy error lawyers, and the avenues for reporting such errors is crucial for safeguarding public health.

Pharmacy Errors Defined

A pharmacy error occurs when there is a deviation from the prescribed medication order, leading to the wrong drug, dose, or patient. These errors can result from various factors, including miscommunication, mislabeling, or even technical glitches in automated dispensing systems. Given the potential harm that can arise from such mistakes, addressing pharmacy errors is not only a matter of patient safety but also involves legal considerations.

Legal Recourse and Pharmacy Error Lawsuits

Patients who suffer harm due to pharmacy errors may seek legal recourse through pharmacy error lawsuits. These lawsuits typically involve claims of negligence, where the pharmacy failed to meet the standard of care expected in dispensing medications. To pursue a pharmacy error lawsuit, it is often necessary to prove that the error directly caused harm, and the harm would not have occurred without the error.

The Role of Pharmacy Error Lawyers

Pharmacy error lawyers specialize in representing individuals who have been harmed due to medication errors. These legal professionals possess a deep understanding of both pharmacy practice and the legal intricacies surrounding medical malpractice. Pharmacy error lawyers work to investigate the circumstances surrounding the error, gather evidence, consult with medical experts, and advocate for the rights of the affected individuals in court.

Reporting Pharmacy Errors

In addition to seeking legal recourse, reporting pharmacy errors is crucial for improving patient safety and preventing similar incidents in the future. Most states have mechanisms in place for reporting pharmacy errors to regulatory bodies. Reporting can be done anonymously, and the information gathered is used to identify trends, implement corrective measures, and hold pharmacies accountable for lapses in safety protocols.

The Gravity of Pharmacy Medical Errors

Pharmacy errors extend beyond mere inconvenience; they can have severe consequences for patients’ health. Administering the wrong medication or dosage can lead to adverse reactions, exacerbation of existing conditions, or even life-threatening situations. Recognizing the gravity of pharmacy medical errors underscores the importance of both prevention and accountability within the healthcare system.

Preventing Pharmacy Errors

Pharmacies are continually working to implement safeguards and best practices to minimize the occurrence of errors. These measures may include enhanced training for pharmacy staff, improved labeling and packaging procedures, and the implementation of technology-driven checks and balances. Collaborative efforts between healthcare providers, pharmacists, and patients are essential for creating a system that prioritizes accuracy and patient safety.

Pharmacy errors represent a significant concern within the healthcare landscape, with the potential to cause harm and jeopardize patient well-being. Understanding the legal aspects surrounding pharmacy errors, including the role of pharmacy error lawyers and the importance of reporting incidents, is crucial for fostering accountability and continuous improvement within the pharmacy profession. As the healthcare industry strives to enhance patient safety, addressing pharmacy errors through legal channels and proactive prevention measures remains paramount in safeguarding the health and well-being of individuals relying on prescription medications.

What Are Compounding Pharmacies?

Making capsules in the pharmacy laboratory with a manual machine

In the realm of healthcare, individual patient needs sometimes call for medications that are not commercially available in standard dosages or forms. This is where compounding pharmacies step in. Compounding pharmacies play a crucial role in tailoring medications to meet specific patient requirements, ensuring personalized care. In this blog post, we will explore the concept of compounding pharmacies, their benefits, and the regulations governing their practices in Florida.

What are Compounding Pharmacies?

Compounding pharmacies are specialized facilities that prepare customized medications for patients based on prescriptions from healthcare providers. These pharmacies employ highly trained pharmacists and technicians who possess the knowledge and skills to combine or alter ingredients to create medications that cater to unique patient needs. Compounded medications are prepared in response to specific patient prescriptions, taking into account factors such as allergies, dosage requirements, and preferences.

Benefits of Compounded Medications:

Compounded medications offer several benefits, making them a valuable resource in the healthcare landscape. First and foremost, they enable healthcare providers to address individual patient needs that cannot be met by commercially available medications. Compounded medications can be prepared in various forms, such as creams, gels, capsules, or even flavored liquid suspensions, making them more convenient and easier to administer, especially for pediatric and elderly patients. Additionally, compounding pharmacies can combine multiple medications into a single dosage, simplifying complex medication regimens and improving adherence.

Regulations and Quality Assurance:

Compounding pharmacies in Florida are regulated by state and federal laws to ensure patient safety and medication quality. The Florida Board of Pharmacy oversees the licensing and operation of compounding pharmacies, while the U.S. Food and Drug Administration (FDA) provides regulatory oversight at the federal level. These regulations cover various aspects, including the sourcing and handling of ingredients, the training and qualifications of personnel, facility standards, and quality control measures.

Collaboration with Healthcare Providers:

Compounding pharmacies work closely with healthcare providers to ensure that medications are customized appropriately. Physicians, dentists, and veterinarians can collaborate with compounding pharmacists to determine the most suitable formulations and dosages for their patients. This collaboration allows for a tailored approach to patient care, taking into account unique medical conditions, allergies, and dosage preferences.

Compounding pharmacies play a vital role in providing customized medications that address the unique needs of individual patients. By working in collaboration with healthcare providers, these pharmacies ensure that patients receive personalized care and have access to medications that may not be available through standard commercial channels. By adhering to strict regulations and maintaining high-quality standards, compounding pharmacies in Florida continue to contribute to patient-centric healthcare, providing tailored solutions for improved treatment outcomes.

New Florida Pharmacy Laws

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The Florida Board of Pharmacy laws are not static. Laws are updated and new statutes are added every so often. Pharmacists and pharmacies are expected to keep up with the changes.

Florida Healthcare Law Firm keeps up with ever-changing Florida pharmacy law and can help you to keep up with legal requirements.

New Pharmacy Laws in Florida

One of the best ways to keep up with the changes coming out of the Florida Board of Pharmacy is to monitor their Latest News page. You will find a list of the most recent articles updating pharmacists on different changes that may impact them, not all of which are directly related to the pharmaceutical industry.

For example, when Governor DeSantis declared a State of Emergency for Subtropical Storm Nicole, the Florida Board of Pharmacy posted it on their page.

Most of the posts on the page are very pertinent to pharmacists and other professionals in the industry. The 2021-2022 Annual Report and Long-Range Plan let people know what to expect in the coming months. When the nonresident sterile compounding licenses were set to expire, they let everyone know five months in advance.

While this page is kept current for the most part, it is not constantly updated. That is, there are no monthly or weekly digests of information to keep everyone up to date, so most pharmacy professionals won’t check in that frequently and then miss out when relevant information is released.

Get Help Keeping Up with Florida Pharmacy Laws and Statutes

At Florida Healthcare Law Firm, we pride ourselves on keeping up with the changes in all medical and dental industries, including the pharmaceutical industry. As a boutique law firm, we are uniquely in touch with all new Florida state laws that may impact our clients.

This means that we are prepared to not only get you and your team up to speed on current Florida State Board of Pharmacy statutes and regulations, but we are also ready to help you create a plan that will ensure that you are in compliance and have the standards of practice in place to maintain that compliance in the coming months and years.

Additionally, should a pharmacist or professional on your team be served with a legal notice and need to respond, Florida Healthcare Law Firm can help. We can assist with determining the best path forward, drafting the appropriate notice on the right timeline, and representing that person, should it become necessary to do so.

Keeping up with changes in Florida pharmacy law does not have to become a second full-time job. Contact Florida Healthcare Law Firm today to set up a consultation and learn what you need to do to get into and stay in compliance.

Pharmacy Fraud: Data Tells the Story

Today’s Topic:  Did you know the DOJ never tires of chasing the bad guys?

If a pharmacy is going to engage in nefarious activities, it should expect to get caught. Fraud in these cases is generally easy to prove. Simply verifying inventory, orders and dispensing records yields incredible data that when combined with comparative data from peer pharmacies can be used by law enforcement to establish that fraud has been committed.

Latest Enforcement Activity

On April 13, 2022, the U.S. Department of Justice (DOJ) announced a 78-month prison sentence imposed against a 37-year-old owner/operator of several pharmacies in New York, Aleah Mohammed (Mohammed). The sentence was as a result of guilty plea entered by Mohammed in April 2021 for charges of mail fraud, health care fraud and conspiracy to commit health care fraud. As part of her guilty plea, Mohammed agreed to forfeit $5.1 million and pay $6.5 in restitution.

During the course of her criminal conduct, Mohammed engaged in multiple schemes to defraud health care programs, including obtaining more than $6.5 million from Medicare Part D Plans and Medicaid drug plans. Over a five-year period, Mohammed submitted fraudulent claims to Medicare and Medicaid for prescription drugs that were:

  • not dispensed;
  • not prescribed as claimed;
  • not medically necessary;
  • dispensed during a time when one or more of the pharmacies she operated was no longer registered with the State of New York; and
  • often for expensive prescription drugs to treat HIV.

Adding to the mounting evidence against her, Mohammed led a lavish lifestyle and purchased luxury items such a Porsche and jewelry.

Lessons Learned

It seems that criminals never learn. They think that they are smarter than law enforcement and will never get caught. But rarely do those criminals win in the end. It is basic accounting and law enforcement knows how to do that. Law enforcement mines each pharmacy’s data and looks for outlier information as compared to peer pharmacies as well as inventory data. So what information did the DOJ have at its disposal in this case?

  1. On hand inventory. As with any payer audit, the payer (and law enforcement) can obtain information concerning inventory on hand. If the pharmacy never had the inventory, it could not sell the drug.
  2. Drug purchasing records. Again, unless a pharmacy had the drug in inventory or purchased the drug through one of its wholesalers, it is hard for the pharmacy to defend against fraud charges when it is filing a claim for drugs never in its inventory.
  3. Dispensing records. Dispensing records also reveal information essential to determining what was in inventory, what was purchased and what was dispensed.
  4. Comparative data concerning dispensing of high-cost drugs as a proportion of other drugs sold.
  5. Comparative data looking at peer pharmacies for dispensing trends.

Collectively, the data and these records make it easy for law enforcement to identify and prosecute fraudulent claims. Even so, criminals seemingly are undeterred, and schemes like this one are repeated time and again.

Closing Thoughts

Simply put, crime does not pay. It does not matter whether it is in the pharmacy industry or elsewhere, when government funds are involved, law enforcement will surely be looking for wrongdoers. This probably is not the last case of its kind this year, so expect to see more news of pharmacies/pharmacists behaving badly.

Controlled Substances Dispensing Gets Pharmacy in Trouble – AGAIN!

Yet another pharmacy owner was just convicted of unlawfully dispensing over 1.5 million doses of controlled substances, primarily oxycodone and hydrocodone. 

By: Karen Davila

In my last couple of articles, I’ve focused on the controls necessary to safely operate a pharmacy and dispense appropriate prescribed medications, including controlled substances.  And those of you who heed that kind of advice are likely to avoid the unwanted attention of law enforcement.  However, for those who continue to think they can operate with impunity, heads’ up:  the war against opioids in the U.S. is ongoing and enforcement activities are not slowing down.  Below is an article about this recent case out of Texas and some lessons we can all take away from what was reported.

In this most recent case, a federal jury in Texas convicted a Texas pharmacy owner (Carr) on March 7 of one count of conspiracy to unlawfully distribute and dispense controlled substances, four counts of unlawfully distributing and dispensing controlled substances, one count of conspiracy to launder money, and two counts of engaging in transactions in property obtained from the illicit activity.  Carr now faces up to 140 years in prison, among other consequences.Continue reading

DME Industry 2021 Year End Review & Looking Into 2022

Many DME providers have had tremendous hurdles to overcome this year, from the implementation of a new round of Medicare’s Competitive Bidding Program through continued impacts of COVID-19. Mergers and acquisitions are through the roof as a result, as are continued compliance concerns that plague the industry.

Let’s dive into some of the major DME related matters & issues that have come across my desk this year, and what to be on the lookout for in the next.

Competitive Bidding Impacts

After much uncertainty about what DME products would actually be included upon its implementation, Round 2021 of Medicare’s Competitive Bidding Program (“CBP”) kicked off at the beginning of this year.

With off-the-shelf knee and lumbar braces (HCPCS Code OR03) included in Round 2021 of the CBP – and thus ability to supply such devices to beneficiaries in competitive bid areas restricted to bid-winners – non bid-winning DME providers have been scrambling to find new revenue streams to fill the void. Unfortunately, many are doing so in a non-compliant manner.Continue reading

Telemedicine Pharmacy Fraud Trial Ends in Convictions

Telemedicine pharmacy arrangements continue to be of significant interest to fraud enforcement.  A 2018 case in which four individuals and seven companies were indicted ended in a month-long jury trial of one of the individuals, a Florida pharmacy owner.  The federal jury trial in the billion-dollar telehealth pharmacy fraud scheme resulted in conviction on 22 counts of mail fraud, conspiracy to commit health care fraud and introduction of misbranded drugs into interstate commerce.  Sentencing in the case is set for May of 2022.  Other co-conspirators entered plea agreements along the way, pleading guilty to various charges including felony conspiracy to commit health care fraud, felony misbranding, conspiracy to commit wire fraud, and fraudulent telemarketing of dietary supplements, skin creams and testosterone.  Many of these are still awaiting sentencing, also expected to be scheduled sometime in 2022.

THE SCHEME

The scheme involved several individuals, compounding pharmacies and telemarketers engaged in a conspiracy to commit health care fraud, mail fraud and introducing misbranded drugs into interstate commerce.  Peter Bolos, along with two other co-conspirators, owned and operated Synergy Pharmacy in Palm Harbor, Florida.  Working with HealthRight, a telemarketer, the co-conspirators generated prescriptions for drugs such as pain creams, scar creams, and vitamins.  Using the HealthRight telemarketing platform, they would call consumers and deceive them into providing their personal insurance information and accept the drugs. HealthRight then communicated the prescription requests to physicians who authorized the prescriptions without ever interacting with the patients, and paid those physicians for issuance of the prescriptions. Through this scheme, the co-conspirators were able to solicitate insurance coverage information from consumers across the county for prescription pain creams, fraudulently obtain prescriptions, mark up the prices of the drugs and bill private insurance carriers.Continue reading