Legal Compliance

NACDS engages in an all-branches and all-levels of government approach to advocacy. This includes engagement in matters before federal and state courts as directed by the NACDS Board of Directors. In addition, NACDS presents programs and services to assist chain pharmacies in complying with the law.

As a benefit of membership, NACDS Chain (retailer) members have access to the NACDS Legal Affairs Department, which serves as a source of information and insights to complement companies’ in-house and outside counsels. NACDS invites members to contact the Association’s staff as directed on the “Staff” page.

In addition, the following examples reflect NACDS’ legal resources on today’s top-of-mind topics. Be sure also to rely on the Search box on the top of this page, as well as the Newsfeed on the homepage, to find the latest information on pivotal issues.

Satisfying DEA Standards When Dispensing Controlled Substances

An online course has been designed to help pharmacists minimize the risk of Drug Enfocement Administration (DEA) enforcement action. Approved for 1.0 contact hour of continuing education, the course now is available through LearnSomething, Inc.

Fraud, Waste and Abuse Compliance

By contacting the NACDS Legal Affairs Department as described above, NACDS Chain members can obtain as a benefit of their membership the “NACDS Model Compliance Guide for Fraud, Waste and Abuse.” This resource is available for sale to non-members.

For an additional resource, please see the “NACDS Foundation” section below.

Pharmacists’ Duty to Warn

NACDS has prepared information about legal issues related to the question of whether pharmacists have a duty to warn patients of potential risks associated with prescription drugs.

Individuals Excluded from Participation in Government Programs

The Department of Health & Human Services Office of Inspector General has provided an advisory opinion on issues related to the employment of individuals who have been excluded from participation in Medicare, Medicaid and other federal healthcare programs, as well as a searchable database of excluded individuals.

Issue Focus: Is Your Company a “Federal Contractor”? It Depends …

NACDS continues to inform member companies about potential compliance issues should the companies be considered “federal contractors” by virtue of the services that they provide to TRICARE beneficiaries and federal employees.

This issue arose with the U.S. Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) “Directive 293” of December 2010 – which sought “to provide comprehensive guidance for assessing when health care providers and insurers are federal contractors or subcontractors based on their relationship with a Federal health care program and/or participants in a Federal health care program.” Though the directive was later rescinded, members remain at risk under continuing OFCCP policy.

NACDS has engaged on this issue in the legal arena, submitting an amicus brief as part of related litigation, and continues to monitor its evolution. Also, while the scope of OFCCP’s enforcement authority continues to be evaluated through regulatory and legal processes, NACDS is directing members to resources including:

NACDS Foundation/LearnSomething Online Training Portal

The NACDS Foundation/LearnSomething Online Training Portal provides additional resources in the areas of quality and patient safety; isotretinoin risk management; fraud, waste and abuse prevention; methamphetamine abuse prevention and more.