TMA Urges Physicians to NOT Prescribe Medications to Immediate Family Members; Exceptions for Emergencies
Review the Tennessee Medical Association's Legal News Roundup: Member Login Required to Access Law Guides
7/16/2024
Medical Licensing boards seeking to “make an example” out of prescribing to self/family
The TMA legal department received contacts from three members during the month of April regarding investigations or formal charges brought against them by the medical licensing boards around the physicians self-prescribing or prescribing for family members.One member was reportedly told that the licensing board’s medical consultant “wanted to make an example” out of the prescriber. Both the MD and DO licensing boards have formal policies addressing self and family member prescribing and the BME has adopted the AMA Code of Ethics (Op. 1.2.1). The technical “gotcha” violation is failure to keep medical records on family member patients.
While the boards’ policies as written seem to allow treatment of immediate family members only in “minor, self-limited, short-duration illnesses, or emergency situations,” in some instances the boards seem to hold physicians to strict liability even if the family member prescriptions were for non-controlled substances for minor short-term type conditions. Click here to access the policy for medical doctors and click here for the policy for osteopathic physicians. At this time, the TMA legal department cautions physicians NOT to prescribe medications to immediate family members for minor, self-limited, short-duration illnesses; only for emergencies, and to keep a medical record on the encounter.
Background Checks on Employees and Contractors
Employers must search specific registries with the name of certain employees and contractors prior to employment by a physician’s practice. TMA’s Law Guide topic, Background Checks on Employees and Contractors contains links to the required registries and when to check an employee/contractor.
Indictment Reporting
A physician must report to his/her licensing board any indictment for an offense involving the sale or dispensing of controlled substances. Once the licensing board learns of any indictment for a controlled substance crime or for a sexual offense, it must restrict certain prescription rights until the case is final. If convicted, the license must be revoked. Access our Law Guide topic, Prescriptions, to understand the details of these two laws and the possible impact on a physician.
License Renewal
A physician needs to make sure his/her license is renewed well before the expiration date. Set a reminder on your phone or ask your practice manager to remind you. If you cannot remember the expiration date, you may check it on the state’s website at apps.health.tn.gov/Licensure/default.aspx. To renew your license online click here.
Scope Chart for Clinical Staff in a Medical Practice (formerly Scope Procedures Chart)
Developed by the Legal Department, the Scope Chart for Clinical Staff in a Medical Practice will assist a physician in determining what procedures (i.e., injection, microdermabrasion) may be delegated to the clinical staff (i.e., LPN, medical assistant) in his/her office. Click here to review this chart on our website. Please note member login is required to access. Direct any questions to legal@tnmed.org or 615-460-1645.
Transfer Controlled Substance Prescription
There are occasions when a pharmacy is unable or unwilling to fill a controlled substance prescription for a patient. A new federal law allows a one-time transfer of a controlled substance prescription to another pharmacy designated by the patient. TMA has created a resource explaining this one-time transfer that you can share and it may prevent a patient from calling for another prescription. You may print this resource out and give it to a patient or let the patient take a picture of it. Download this resource at tnmed.org/opioid-resource-center/.
X-Ray Operator in a Physician’s Office
The employing physician is responsible for the actions of an x-ray operator in his/her office and could be subject to discipline by the licensing board. Recently a physician was assessed a $2400 civil penalty for a tech’s 48 months of unlicensed practice and a report was made to the National Practitioner Databank. Make sure your practice compliance plan includes a routine check of the license status of all employees required to be licensed by the state. You may check the status of a Tennessee license at apps.health.tn.gov/Licensure/default.aspx. See TMA’s Law Guide, X-Ray Operators, for all of the requirements regarding the provision of x-ray services in a physician’s office.
For more information, email legal@tnmed.org.