Cary, N.C.

In an amendment to the state's Pharmacy Practice Act of 1995, the North Carolina General Assembly now is requiring that out-of-state durable medical equipment providers who deliver items and services directly to North Carolina residents be issued a permit to do so by the North Carolina Board of Pharmacy. In addition, out-of-state providers must agree to conduct business in North Carolina in accordance with rules and requirements established by the NCBOP.

The North Carolina Association of Medical Equipment Suppliers initiated the amendment, which was ratified in July.

“NCAMES felt the same level of patient care [required of North Carolina DME providers] should be required of out-of-state providers,” said Steve Hudson, director of investigations and inspections, NCBOP.

“There had been instances where out-of-state providers were coming into the state and not performing up to the standards that North Carolina has set for its DME providers,” said Beth Bowen, executive director of NCAMES. “So to protect North Carolina citizens and DME businesses, we said ‘Let's make it even for everyone.’”

Neither Bowen nor Hudson could estimate how many out-of-state providers the new law will affect. “A lot,” Bowen said. “That's 49 other states, with no telling how many providers.”

Bowen said while in-state providers have reacted positively to the new law, she's already heard some negative responses from out-of-state providers.

“Sorry about that,” she said. “But we want providers to perform up to the standards that are set by the law.”

It's still unclear whether other states will follow North Carolina's lead. However, Bowen said she has warned those states in the process of developing state licensure laws — such as North Carolina's Pharmacy Practice Act — to take care of the issue from the beginning.

“We were the first state to have a law like this and we made some mistakes along the way,” she said. “Leaving this out was one of those mistakes.”

To obtain a permit, out-of-state DME providers must complete a permit application and appear in person before the NCBOP.

For information about the licensing process or NCBOP expectations, contact Hudson at 828/465-2324. To request an application for licensure from the NCBOP, contact Melanie Hawn at 919/942-4454.

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