Licensure to Dispense Drugs

90.1.1 - Licensure to Dispense Drugs (Rev. 1040, Issued: 08-25-06, Effective: 09-11-06, Implementation: 09-11-06) In order to bill drugs to the DME MACs, the supplier must be a pharmacy. States may not regulate the qualifications of Federal employees who are carrying out their authorized Federal activities within the scope of their employment. However, IHS employees are not subject to state licensure laws and IHS pharmacy departments are not licensed by individual states. IHS pharmacies are currently licensed in accordance with Federal statutes and regulations and the IHS facility is accredited in accordance with statutes and regulations. IHS pharmacy departments agree to use the IHS facility’s DEA number consistent with Federal law. Therefore, IHS pharmacies are “deemed” as being licensed and therefore may bill the DME MACs for those drugs the DME MACs cover. IHS pharmacies are considered IHS suppliers.