Oklahoma State Board of Medical Licensure and Supervision
Policy on Internet Prescribing
The Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act (Title 59 O.S. 480 –518) also known as the “Medical Practice Act” defines the practice of medicine in part as "A physician that for a fee or any form of compensation diagnoses and or treats disease, injury or deformity of persons in this state by any allopathic legend drugs, surgery, manual, or mechanical treatment" (Section 492 A). Physicians rendering care to patients in Oklahoma must be licensed in Oklahoma.
Further, the Medical Board was established to protect the health, safety, and well-being of the citizens of Oklahoma by investigating complaints and disciplining physicians (MD) for unprofessional conduct as set out in the Medical Practice Act and corresponding Administrative Rules. Unprofessional conduct includes "prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician/ patient relationship" (Section 509-13).
The members of the Oklahoma Medical Board have interpreted that a “sufficient examination” and “establishment of a valid physician / patient relationship” can NOT take place without an initial face to face encounter with the patient. In other words, it requires at a minimum:
1. Verifying that the person requesting the medication is who they claim to be;
2. Establishing a diagnosis through the use of accepted medical practices such as a patient history, mental status exam, physical examination and appropriate diagnostic and laboratory testing by the prescribing physician;
3. Discussing with the patient, the diagnosis and the evidence for it, the risks and benefits of various treatment options; and
4. Insuring availability of the physician or coverage for the patient for appropriate follow-up care. Appropriate follow-up care includes a face to face encounter at least once a year and as often as it is necessary to insure safe continuation of medication.
Complete management of a patient by Internet, e-mail, or other forms of electronic communications is inappropriate.
The Oklahoma Medical Practice Act does provide for a physician to physician consultation (in-state or out-of-state) on an occasional basis that would not have to meet the aforementioned four (4) requirements. (Section 492-D-8)
Adopted 11/02/00
Ratified 01/25/01