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Featured Practice Question

I work for a private geriatrician. When he goes out of the country on vacation, I am covering our practice. Can I add an addendum to our standardized procedures that an MD that is in the office across from ours will be supervising me? Can I just add him on the signature page? What do we routinely do when an MD goes on vacation?

There is no statutory limitation on supervision; however, it must be stipulated in your standardized procedures. None of the regulations require a physician to be physically present when you are seeing patients, but the statute and regulation do not specifically address out-of-state supervision. It is strongly suggested that you do not use a “supervising physician” who does not practice/reside in California. The intent of the statutes and regulations is to provide reasonable supervision. It would be very easy for the board and plaintiff attorneys to argue that you are not meeting the intent of the law if your supervising physician does not practice/reside in the state.

Although California does not have language with a mile restriction on where the physician can be in order for supervision to be “valid,” we encourage you to be reasonable, as our board may interpret this more restrictively. Additionally, your supervising physician must be actively licensed to practice in California. In this case you could indicate that your supervising physician or designee would function as your supervising physician.

Featured Legal Question

I have applied for both a furnishing number and a DEA number. Which am I supposed to get first? The BRN website states that “A nurse practitioner furnishing number is required to obtain a DEA number for Schedule II through V Controlled Substances.” Yet the DEA application only asked for my California license number. The BRN seems to be contradicting itself, and I'm so confused. I need to be able to prescribe at least regular drugs ASAP.

You will need the furnishing number before you can apply for DEA. You may try calling the BRN or faxing them a letter stating that you cannot get a DEA number until you get a furnishing number. I know this is true, as I have a furnishing number but did not get a DEA number since I am in Pediatrics and only practice as a PNP 8 hours week. I did not need a DEA number to get my furnishing number. You may have to keep calling them and/or writing them. I have not seen a DEA application for quite a while but if they only require a license number then that should go forward.

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