On October 22, 2016, the Pennsylvania State Board of Medicine (Board) published new administrative regulations regarding the activities and licensure of Prosthetists, Orthotists, Pedorthists and Orthotic Fitters in the Commonwealth of Pennsylvania. As part of the regulatory review process, comments were received by the Board and the Pennsylvania Independent Regulatory Review Commission (IRRC) expressing concern that the Centers for Medicare & Medicaid Services (CMS) might cease reimbursing Pennsylvania pharmacies/pharmacists which/who dispense diabetic shoes and certain orthotics to patients because the regulations did not specifically state that pharmacies/pharmacists are considered “licensed professionals.”
During the regulatory rulemaking process, several parties requested that the Board amend the regulations to include definitions of “health care practitioner” and “pharmacist” to help ensure that pharmacies/pharmacists continue to be reimbursed when dispensing those products. Jeff Hedges, President & CEO of R.J. Hedges and Associates and an expert in pharmacy compliance and regulations, represented 994 Pennsylvania pharmacies during the review process. Hedges was requested to represent all independent pharmacies in Pennsylvania to ensure that the legislation and rulemaking processes identified pharmacists as health care practitioners and would be allowed to continue to dispense diabetic shoes and orthotics under the Pharmacist Scope of Practice. “It’s been a long four years getting a definitive and good result for Pennsylvania pharmacies. Without pharmacies being included in this regulation, access to diabetic footwear would have been severely restricted within the Commonwealth,” said Jeff Hedges. “It is a great achievement for Pennsylvania pharmacists to be officially recognized as health care practitioners. One of the key components of a diabetic patient’s health care is the ability of the pharmacist to dispense diabetic shoes. This legislation ensures this will continue to occur.”
Pennsylvania Act 90 specifically states, “Nothing in this section shall prohibit an individual, including, but not limited to, a Pharmacist, Podiatrist or Physician, from engaging in the practice for which that individual is licensed, registered or certified to practice or to act within the scope of that license, registration or certification held in this Commonwealth.” The practice of pharmacy in Pennsylvania encompasses not only the interpretation, evaluation and implementation of medical orders for the provision of pharmacy services, but also the storage and dispensing of prescription drugs and prescribed medical devices. The Board, Commission and State Board of Pharmacy agree that pharmacists and pharmacies in the Commonwealth of Pennsylvania may continue to lawfully dispense diabetic shoes and certain other orthotics in the Commonwealth of Pennsylvania based on their pharmacist license/pharmacy permit when presented with a valid prescription/order for those devices written by a physician, podiatrist, certified registered nurse practitioner or physician assistant.
About R. J. Hedges & Associates:
R.J. Hedges has helped hundreds of independent pharmacies and facilities stay compliant, pass audits, inspections and easily earn Medicare accreditation. R.J. Hedges customizes each pharmacy’s policies and procedures, plans, forms, and support documents. R.J. Hedges also offers clients’ web-based training, license verification, patient safety, OIG/GSA/SAM verification, and checklists for audits, inspections & surveys. To learn how R.J. Hedges can help you stay stress-free and in compliance, please call (724) 357-8380 or email compliance@rjhedges.com. Visit our website at www.RJHedges.com.