State Rep. Bashore requests AG opinion on out-of-state prescribers

Bashore Requests AG Opinion on out-of-State Prescribers

OKLAHOMA CITY (Sept. 20th) – Rep. Steve Bashore, R-Miami, has requested an opinion from Oklahoma Attorney General Gentner Drummond concerning Oklahoma residents' ability to fill prescriptions at an Oklahoma pharmacy when prescribed by an out-of-state medical provider.

Bashore said the problem affects Oklahomans statewide. He meets with members of the Oklahoma Pharmacy Board in Miami on Monday to discuss the issue and potential next steps to get Oklahomans access to the prescriptions they need.

"This issue impacts constituents not only in my House district but any Oklahoman that seeks medical care outside of our state," Bashore said. "Rural areas disproportionately suffer from a lack of health care specialists, forcing residents to seek care where they can find it, including across state lines. My goal is to ensure Oklahomans can obtain needed health care and medications at places that are optimal for them." 

Bashore said the problem was brought to his attention by a local pharmacist, who shared a letter from the Oklahoma State Board of Osteopathic Examiners explaining that a recent Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) audit of the Prescription Monitoring Program returned prescriptions for controlled substances written by a doctor in Joplin. The letter stated the doctor holds no valid Oklahoma license to practice medicine – a violation of state law, according to the board. The letter directed the physician to cease practice in Oklahoma immediately. Failure to comply could result in legal action, including a complaint being filed with his state medical board, the letter advised.

After reviewing the letter and receiving additional information from the Oklahoma Pharmacists Association, Bashore sought the opinion of the attorney general. He asks the answer to four questions:

1. Is a medical provider (MD/DO/Podiatry/PA/APRN/Dentist/Vet) located outside the geographical boundaries of the State of Oklahoma required under state law to obtain a license to practice health care in the state by an Oklahoma professional licensing board when the patient (an Oklahoma resident) travels to another state for care?
2. Is a medical provider (MD/DO/Podiatry/PA/APRN/Dentist/Vet) located outside the geographical boundaries of the State of Oklahoma required under state law to obtain a license by an Oklahoma professional licensing board when the patient care occurs outside the state but a prescription for a non-controlled drug is sent to a pharmacy within Oklahoma?
3. Is a medical provider (MD/DO/Podiatry/PA/APRN/Dentist/Vet) located outside the geographical boundaries of the State of Oklahoma required under state law to obtain a license by an Oklahoma professional licensing board when the patient care occurs outside the state but a prescription for a controlled drug is sent to a pharmacy within Oklahoma? 
4. Is a medical provider (MD/DO/Podiatry/PA/APRN/Dentist/Vet) located outside the geographical boundaries of the State of Oklahoma and is not licensed by an Oklahoma professional licensing board required to obtain a registration from the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) when the patient care occurs outside the state but a prescription for a controlled drug is sent to a pharmacy within Oklahoma? 

Bashore said he feels the Oklahoma State Board of Osteopathic Examiners is being overly broad in its interpretation of state statute, the reason he's seeking clarification.

"I want to keep people safe, but we must allow rural residents the freedom to find health care that meets their needs, even if that is from an out-of-state provider."

Bashore said he'll run legislation if necessary to clarify the law, depending on the response from the attorney general.

Steve Bashore serves District 7 in the Oklahoma House of Representatives. His district includes Ottawa County and parts of Craig and Delaware counties.