Physician Dispensing and Anti-Steering

MEDCHI, THE MARYLAND STATE MEDICAL SOCIETY
HOUSE OF DELEGATES

INTRODUCED BY: Montgomery County Medical Society

SUBJECT: Physician Dispensing and Anti-Steering

REFERRED TO:

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  1. Whereas, Patient access to prescription drugs is critical to continuity and efficient care and
  2. treatment; and
  3.  
  4. Whereas, Maryland licensed physicians are allowed to personally dispense prescription drugs if
  5. they (1) have applied to the Maryland Board of Physicians (MBP); (2) demonstrated to the
  6. satisfaction of MBP that the dispensing of prescription drugs or devices by the physician is in the
  7. public interest; (3) have received a written permit from MBP to dispense prescription drugs or
  8. devices, with the exception of starter dosages or samples without charge; and (4) posts a sign
  9. conspicuously positioned and readable regarding the process for resolving incorrectly filled
  10. prescriptions or includes written information regarding the process with each prescription
  11. dispensed; and
  12.  
  13. Whereas, A physician may dispense Medicare-covered prescription or nonprescription drugs
  14. where he or she is authorized by the State to dispense such drugs as part of his or her
  15. physician’s license; and
  16.  
  17. Whereas, Commercial payers have implemented policies that prevent and or limit physician
  18. dispensing of specialty drugs to their patients; and
  19.  
  20. Whereas, Commercial payers are limiting access to their networks and pharmacy networks in particular to
  21. the detriment of a physician’s ability to dispense prescriptions to their patients; and
  22.  
  23. Whereas, the Maryland General Assembly has made patient access to care, including access to
  24. prescriptions, a priority through the passage of legislation to address prior authorization and step therapy
  25. requirements of the commercial payers,
  26.  
  27. Whereas, it is of similar importance that payers avoid policies that prevent patients from accessing
  28. needed prescription drugs dispensed directly from their physician; therefore, be it
  29.  
  30. RESOLVED, that MedChi will directly advocate for the adoption of and support proposed
  31. proposed state legislation that would allow for extending the current anti-steering statute to include
  32. specialty drugs with respect to commercial insurers pharmacy networks thereby allowing specialty
  33. prescription drugs to be dispensed by physicians.