Q: Is a veterinarian permitted to a sell a patient-specific compounded medication to a client at a price that is higher than its cost?
A: Our legal advisors were not able to find a clear answer to this question from research, so they asked the New York State Board of Pharmacy.
The answer that we received is that:
"A veterinarian may compound and dispense for animals under their care as outlined in Ed Law Sec. 6807 or a veterinarian may issue a patient specific prescription to be filled and dispensed by a pharmacy."
Our interpretation of this is that veterinarians are not permitted to reprice and resell patient-specific medication ordered from a 503A compounding pharmacy. Rather, the Board of Pharmacy says there are two ways for the veterinarian to proceed. One is to compound the drug in the office and sell it to the client, and the other is to write a prescription that can be filled by the pharmacy.
Please also see our notes on the dispensing of medications from a 503B outsourcing facility.
The actual correspondence is pasted below for your reference.