Mail-Order Pharmacies and Telehealth: Expanded Market, Increased Liability

Mail-order pharmacies and third-party telehealth platforms expand access to care. However, with greater access comes greater liability risk, specifically concerning documentation and patient confidentiality, according to Amanda Bogle, a healthcare attorney at Sheppard and Mullin.

Except for Massachusetts, all states require out-of-state pharmacists to obtain a nonresident pharmacist license if they wish to prescribe there. This can be complex, since most states have different record-keeping requirements. Extra licenses may also increase the risk of being audited by the states’ Board of Pharmacy, according to Bogle.

“The more you open up the market, the more rules there are more to keep track of and the more documentation you're going to have to seek out,” Bogle said in a recent video interview with Managed Healthcare Executive.

As for third-party platforms, Bogle said the variety of choice is exciting, but there are a few things to keep in mind.

“You need to make sure that their technology is secure,” Bogle said. A lot [of platforms] are wanting to de-identify data and use it for different business operation purposes, and you have to ask yourself if you're comfortable with that.”

Data de-identification is the process by which patient data is made as anonymous as possible so that it can be used in research.