dolomite Posted March 31, 2014 Share Posted March 31, 2014 Does anyone know if it is illegal to sell medical devices on a part time basis if one is employed clinically full time? This is for NY. Thank you, Howie Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted March 31, 2014 Share Posted March 31, 2014 Why do you think that it would (not asking critically, just curious)? If not being sold directly through the practice I can't see an issue unless I'm missing something here. It isn't a referral program to where there might be facility/lab ownership conflict of interest. I have a B-i-L who is a municipal FF/paramedic who sells hard medical goods on the side. No conflict there. Link to comment Share on other sites More sharing options...
dolomite Posted April 1, 2014 Author Share Posted April 1, 2014 I think I'm just paranoid especially after some people (non-clinicians) ask if there would be a conflict of interest. It wouldn't be directly through the hospital I work at. Basically, I receive a commission when a script is written for the product (which is approved by the FDA but not covered by insurance). Thanks for your input. Link to comment Share on other sites More sharing options...
GetMeOuttaThisMess Posted April 1, 2014 Share Posted April 1, 2014 Ahhh, based on this additional information I do think that you owe the patient full disclosure that you do receive a financial incentive to prescribe a particular device. Now it's becoming more along the lines of "I'm sending you off for lab work at XYZ, and I happen to have an ownership interest in lab XYZ". Anytime that there is a financial incentive to prescribe one item when there are other competitive options to consider, and you financially benefit from that one as opposed to the other, that needs to be made known to the client/patient. I don't think that the ethical question is related to your full-time employment status at job A as I'm understanding your post; it has more to do with a personal financial gain from the ability to prescribe an item of your choosing over another. Can you generically state what type of device this is out of curiosity? Link to comment Share on other sites More sharing options...
skyblu Posted April 1, 2014 Share Posted April 1, 2014 You receive a commission every time anyone writes this prescription? Or when you write this prescription? The former (sales within a certain territory) seems fine. The latter seems like a conflict of interest. Sort of the same reason why drug reps can't buy prescribers gifts. Link to comment Share on other sites More sharing options...
medic25 Posted April 1, 2014 Share Posted April 1, 2014 Just to clarify, you will not be prescribing or ordering this device, correct? If you are, I'd suggest reading up on the Stark Law on physician kickbacks and self-referral. Link to comment Share on other sites More sharing options...
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