Question for the group

[newbie23]

DOC im not a very smart person but im starting to believe my comprehension level is well beyond yours. Please re-read the following and tell me where it states that the same doctor prescribing the medication HAS to be the one giving the physical. Please tell me its not section 4, if so i will feel like im arguing with a 3rd grader.

Florida Physician Licensure Regulation
64B8-9.014 Standards for Telemedicine Prescribing Practice.[Allopathic]

(1)Prescribing medications based solely on an electronic medical questionnaire constitutes the failure to practice medicine with that level of care, skill, and treatment which is recognized by reasonably prudent physicians as being acceptable under similar conditions and circumstances, as well as prescribing legend drugs other than in the course of a physician’s professional practice.

(2)Physicians and physician assistants shall not provide treatment recommendations, including issuing a prescription, via electronic or other means, unless the following elements have been met:

(a)A documented patient evaluation, including history and physical examination to establish the diagnosis for which any legend drug is prescribed.

(b)Discussion between the physician or the physician assistant and the patient regarding treatment options and the risks and benefits of treatment.

(c)Maintenance of contemporaneous medical records meeting the requirements of Rule 64B8-9.003, F.A.C.

(3)The provisions of this rule are not applicable in an emergency situation. For purposes of this rule an emergency situation means those situations in which the prescribing physician or physician assistant determines that the immediate administration of the medication is necessary for the proper treatment of the patient, and that it is not reasonably possible for the prescribing physician or physician assistant to comply with the provision of this rule prior to providing such prescription.

(4)The provisions of this rule shall not be construed to prohibit patient care in consultation with another physician who has an ongoing relationship with the patient, and who has agreed to supervise the patient’s treatment, including the use of any prescribed medications, nor on-call or cross-coverage situations in which the physician has access to patient records.

(5)For purposes of this rule, the term “telemedicine” shall include, but is not limited to, prescribing legend drugs to patients through thefollowing modes of communication:

(a)Internet;
(b)Telephone; and
(c)Facsimile.

 

[newbie23]

pro·hib·it/pr??hibit/Verb
1. Formally forbid (something) by law, rule, or other authority.
2. Formally forbid a person or group from doing something.

 

[newbie23]

The emergency section has NOTHING to do with section 4. It is simply saying you do not need a physical exam in a emergency situation.

 

[Michael Scally MD]

Like, I said, if you are construing to mean that another physician can do a physical (from any other state) and than have a prescription issued by another doctor, you are sorely misinformed. That is how you want to read this rule, not the intent of the rule. A rule is read within its entirety and is interpreted and regulated by the Board. The Board is entitled to its interpretation. Courts have long held that “[a]n administrative agency’s interpretation of its own rules is entitled to great weight and deference; it controls unless plainly erroneous or inconsistent with the agency’s enabling statute.” If not already, this will be quickly found within the courts. Your slippery, slimy, and scam way of getting around the system will NOT fly. [In order to help your clouded and deluded mind, I will write the FL Medical Board. I will post the reply in full.]

 

[newbie23]

Doc as i said before and i say again please explain to me where it says that one physician can not give "physical exam" while the other does the rest?????

dont give me the interpretation crap, simply give me an explanation instead of retreating.

 

[newbie23]

From what i gather it is PLAINLY stating that it is 100% ok to do so......................opcorn:

 

[cvictorg]

Doc as i said before and i say again please explain to me where it says that one physician can not give "physical exam" while the other does the rest?????

dont give me the interpretation crap, simply give me an explanation instead of retreating.

According to yor company - I can order blood tests ON MY OWN - walk into a clinic for a physical - then fax everything to you - have a phone consult with a doctor and get the meds sent to me

Question - will I ever have to see a doc for a physical exam after the initial exam by a doc who has never seen me in the past and will never see me in the future - I can just go to another clinic for an exam if I should need one

Question - does your doctor dispense oxandrolone, nandrolone, stanozolol and hgh?

 

[Michael Scally MD]

Doc as i said before and i say again please explain to me where it says that one physician can not give "physical exam" while the other does the rest?????

dont give me the interpretation crap, simply give me an explanation instead of retreating.

I am convinced you are going to regret asking the question. And, it is far too much thinking for you to understand the intent and interpretation of the rule since you WANT to read what you WANT to hear. In this case, you are STONE DEAF. I will let you know what Larry McPherson, Jr., J.D., Executive Director, Florida Board of Medicine says.

 

[newbie23]

I am convinced you are going to be regret asking the question. And, it is far too much thinking for you to understand the intent and interpretation of the rule since you WANT to read what you WANT to hear. In this case, you are STONE DEAF. I will let you know what Larry McPherson, Jr., J.D., Executive Director, Florida Board of Medicine says.

Please do. I know for a FACT it is not illegal, and many many HRT businesses have been using this practice for sometime. You are acting like we are the first or only ones to conduct business like this.

EDIT: I have never been and never will be too proud to admit when im wrong, unlike someone i know, so if it comes to light that I am incorrect I will accept that. Im sure if it came to light that we were doing something wrong we would adjust accordingly.

 

[newbie23]

According to yor company - I can order blood tests ON MY OWN - walk into a clinic for a physical - then fax everything to you - have a phone consult with a doctor and get the meds sent to me

Question - will I ever have to see a doc for a physical exam after the initial exam by a doc who has never seen me in the past and will never see me in the future - I can just go to another clinic for an exam if I should need one

Question - does your doctor dispense oxandrolone, nandrolone, stanozolol and hgh?

I am not responding to any of your posts until you clear up this mess you made. You sat over there on your high horse acting like the information you posted shows that a common business practice of many HRT companies is illegal.

Your poor interpretation of the laws laid out in your posts shows me that you have no clue what your talking about, and furthermore I have NEVER seen you make 1 intelligent post on here or another board. You insist on copy/pasting stuff you don't even understand yourself.

If you can educate me with your original post and show me where in it it says that the common business practices of many HRT companies is illegal then i will reply.