EzriRx recently partnered with RpH2RpH, LLC to give pharmacies the ability to sell products on the EzriRx platform, given the complexities of the laws surrounding pharmacies being able to sell their overstock items, it’s important to read through this thoroughly before posting any items for sale on the marketplace. In addition, be aware that you agree to hold EzriRx harmless from any claim that may arise by a third party that involves, relates to, or concerns any of your actions or omissions on this Site, including but not limited to your breach of the Terms of Service, or your violation of any law or the rights of a third party. When setting the sale price of your prescription drug(s), it is your responsibility to comply with all applicable local, state, and federal laws, as well as statutes and regulations and the payment of any taxes.
⚖️ The Laws.
◼️ Applicable States and Crossing State lines.
What’s important to know is, is that while Federal Law is more streamlined in terms of Pharmacy to Pharmacy laws, pharmaceutical distribution is governed by state and local law and every state has its own rules. Some states allow pharmacies to buy and sell products from pharmacies in their state. Others ban buying or selling from within or from without state completely. Please make sure to check with your local board of pharmacy before buying or selling products from another pharmacy. For now, RpH2RpH is only in select states and only works between pharmacies in your own state. We do not allow product to cross state lines unless a valid license is held for that state.
◼️ Federal Law.
While States may have certain laws allowing pharmacies to sell, it’s important to know that Federal law prohibits pharmacies from selling more than 5% of their inventory at any given time, and only allow the sale of a product for ‘Specific Patient Need’. Before we get into the rules of Specific Patient Need, let’s take a look at the DSCSA laws and how it applies to buying and selling pharmaceuticals.
◼️ DSCSA - The Drug Supply Chain Security Act.
The Drug Supply Chain Security Act is Title II of the Drug Quality and Security Act (DQSA). The DSCSA mandates a full supply chain traceability system from pharmaceutical manufacturer to pharmacy dispenser for prescription drugs being distributed in the United States. The law was signed and enacted by President Obama on November 27, 2013, replacing a 50-state patchwork of pedigree requirements with one federal traceability solution. The law is phased in over a ten (10) year period.
The DSCSA defines anyone that dispenses pharmaceuticals as a ‘Trading Partner’. As a dispenser and having a valid license under state law, pharmacies become a Trading Partner and are now required to follow the DSCSA laws.
◼️ Specific Patient Need.
The term specific patient need is defined by the DSCSA as "the transfer of a product from one pharmacy to another to fill a prescription for an identified patient. Such term does not include the transfer of a product from one pharmacy to another for the purpose of increasing or replenishing stock in anticipation of a potential need. Industry interpretation for Specific Patient Needs includes situations in which a dispenser has a prescription in hand for an identified patient, a recurring prescription for an identified patient, or written/electronic notice from a provider that a prescription for an identified patient is forthcoming.
FDA draft Guidance document FDA-2017- D-1956 Industry Identifying Trading Partners Under the Drug Supply Chain Security Act expressly states that a wholesale distributor license is not required when a dispenser transfers a product to another dispenser for a specific patient need.
The National Community Pharmacy Association (NCPA) published in the February 2016 DSCSA Fact Sheet "The transfer of a product from one pharmacy to another (regardless of whether the two pharmacies are affiliated in any way) to fill a prescription for an identified patient is exempt from the definition of Transaction" within the DSCSA, and therefore not subject to the 3T requirement. Click here to view the document. Additionally, the American Pharmacists Association (APhA) published a DSCSA Checklist for Pharmacies which included a reference to the Specific Patient Need exemption. Click here to view the document.
Transactions processed for a Specific Patient Need are exempt from the requirements of the DSCSA. Reference DSCSA Section 582(d)(1)(A)(ii). The selling dispenser is not required to pass, and the buying dispenser is not required to receive, the Transaction Information (TI), Transaction Statement (TS), and Transaction History (TH). The EzriRx RpH2RpH packing slip and invoice will satisfy DSCSA reporting requirements.
In addition, we now move on to the Declared Public Health Emergency laws and how they pertain to us.
◼️ Declared Public Health Emergency.
Transactions processed for a Declared Public Health Emergency are exempt from the documentation requirements of the DSCSA. Reference DSCSA Section 581(24)(B)(iii). To qualify as an emergency, a notice must be issued by the Department of Health and Human Services. The selling dispenser is not required to pass, and the buying dispenser is not required to receive, the Transaction Information (TI), Transaction Statement (TS), and Transaction History (TH). The EzriRx RpH2RpH packing slip and invoice will satisfy DSCSA reporting requirements.
🤔 FAQs 🤔
❓❓ As an EzriRx RpH2RpH Seller or Buyer, are there any specific documents we need to be compliant with Specific Patient Need and/or Declared Public Health Emergency?
None. The DSCSA provides an exemption regarding items purchased for a Specific Patient Need or Declared Public Health Emergency. Reference DSCSA Sections 582(d)(1)(A)(ii) and 581(24)(B)(iii) respectively. No additional documentation is required to accompany the EzriRx RpH2RpH invoice and/or signed packing slip.
Buyers only purchase through EzriRx RpH2RpH to fulfill a Specific Patient Need or Declared Public Health Emergency. Items purchased for a Specific Patient Need or Declared Public Health Emergency are exempt from the documentation requirements of the DSCSA and do not require the selling dispenser to pass, and the buying dispenser is not required to receive, the Transaction Information (TI), Transaction Statement (TS), and Transaction History (TH). Reference DSCSA Sections 582(d)(1)(A)(ii) and 581(24)(B)(iii) respectively. The EzriRx RpH2RpH packing slip and invoice will display the reason for purchase and satisfies DSCSA reporting requirements.
❓❓ How will EzriRx RpH2RpH Buyers be in compliance with DSCSA, and/or Declared Public Health Emergency?
Buyers are required to attest at checkout that items purchased through EzriRx RpH2RpH are for a Specific Patient Need or purchased during a Declared Public Health Emergency, which are exempt from the DSCSA and do not require the selling dispenser to pass or the buying dispenser to receive, the Transaction Information (TI), Transaction Statement (TS), and Transaction History (TH). Reference DSCSA Sections 582(d)(1)(A)(ii) and 581(24)(B)(iii) respectively. The EzriRx RpH2RpH packing slip and invoice will display the reason for purchase and satisfies DSCSA reporting requirements.
Note for Controlled Substances.
At the moment, EzriRx RpH2RpH does not allow pharmacies to list or sell any Controlled Substances of any class.
❓❓ Are transactions from one pharmacy to another classified as NABP (VAWD) accredited?
❓❓ Are all Packing Slips and Invoices stored for future use?
Yes. As with any EzriRx transaction document, RpH2RpH records will be stored for a minimum of 3 years.
🔳 Selling. 🔳
▶️ How do we get started as a Seller?
To get going with EzriRx RpH2RpH, you need to create an RpH2Rph ‘Seller Account’. On every eligible product, you will find a ‘Sell this item’ button that will link you to creating an account. While creating an account, you will be asked to:
A. Add a verified bank account - this will make sure you are able to get paid by other pharmacies.
B. Confirm the Terms and Conditions of EzriRx RpH2Rph.
📑 Listing items for sale.
Once approved, you will see an ‘Inventory’ tab. From within the Inventory section, you will be able to 'Add a product’ and enter in the required fields for the item you are listing.
📦 Receiving orders.
When a new order comes in for a product you listed for sale, you will receive an email notifying you as well as see it within the ‘Orders’ section of the site. You can click within the order to see the items ordered as well as shipping information.
EzriRx RpH2RpH allows buying pharmacies to make offers on products and allows for sellers to accept, counter or decline offers. Please make sure to be prompt in replying to these offers as it will increase the chances of getting an order and deter pharmacies from ordering elsewhere. When a buying pharmacy accepts an offer, it will be added to their cart and will not be able to be removed until they checkout. *Exceptions do apply.
🔄 Processing orders and getting paid.
Proceed to ‘Confirm order’ to generate a shipping label and packing slip for the order. Only once the order is marked shipped, will money start moving into your account. It’s imperative that you ship the order using the label provided so that we can process the payment on the pharmacies' behalf.
Please make sure to include the generated packing slip in your shipment, as it is important for the receiving pharmacy to have the information written on it.
📅 Shipping Schedule and Fees.
It is important to set your shipping cut-off times and fees within the ‘Settings’ (Link) page of EzriRx. This will notify pharmacies at what time the latest is that they can confirm an order. Once an order comes in, you'll have the ability to Generate a Shipping label from within your order screen. Rph2Rph has a built-in UPS account that you will use to receive your label and packing slip. Enter in how many boxes you are shipping to the customer, what the dimensions of those packages are, and click 'Generate Label'. Please ship the items as promptly as you like to receive them from other pharmacies. Your funds will begin moving, only once the shipping label is generated.
📤 Order processing obligation.
When listing an item on the marketplace, you are confirming that you have it in stock, the expiration and quantities are correct, and that you will fulfill it the same business day the order comes in. The same service you demand from a wholesaler is the same service you should be offering other pharmacy customers. Failing to adhere to these policies will get you banned from listing items for sale.
💵 RpH2Rph Fees.
EzriRx RpH2Rph charges 10% for products sold through our platform. That accounts for Generics, OTC’s, Brands, etc.
📝 EzriRx Product Pricing Guidelines.
All Generics must be posted at a minimum of 25% off AWP and 8% off WAC on Brands. This is meant to encourage pharmacies buying products to use EzriRx RpH2Rph when they have an open script waiting.
🚫 Reselling Items purchased from another pharmacy.
EzriRx RpH2RpH does not allow products to be sold that have been bought by another pharmacy.
✅ What items can be listed?
Brands, Generics and select OTC’s. Controlled substances are not allowed to be sold on the EzriRx platform.
⛔ Bulk Listing Items.
Because EzriRx RpH2RpH isn’t meant for wholesale transactions, bulk uploading products is currently turned off. Products can only be added one at a time. If a product you have can’t be found in our database, please send us a message via the EzriRx chat.
🔳 Buying 🔳
🏁 How to get started as a buyer.
From within the Marketplace on EzriRx, on products that have Pharmacy sellers, you will now see a 3rd tab displayed in addition to the NABP accredited and non-accredited tabs. Sellers will be displayed with a random username, the price, quantity and expiration date of the products offered. You can click on ‘View shipping information’ to see their cut-off time and shipping fees.
🏦 Adding a Bank Account.
In order to be able to buy from another pharmacy, you must have a verified Bank account added to the site. You can add a bank account from within the ‘Payments settings’. Since RpH2RpH doesn’t allow for Credit Card payments, the only way to buy and sell on EzriRx is if you have a verified bank account.
🛒 Adding to cart and Checking out.
As with any standard approved wholesaler, you can add products, as usual, that will be added to your cart. From within the cart, you can checkout via ACH to confirm your order. Once an order is placed, the selling pharmacy will be notified and prepare your products for shipment. You must have a verified bank account to place an order from another pharmacy.
Once a tracking number is created, your payment will start moving. It will not be deposited into the seller's account until it is marked delivered.
When finalizing an order, you'll have multiple different shipping methods to choose from. Rph2Rph sets the shipping fee based on the Weight, Dimensions, and Location of the shipment origin. Sellers do not set shipping fees, Rph2Rph does. This is to ensure sellers don't end up using their own labels and ensure they ship the items in a timely manner. Rph2Rph uses UPS as their preferred carrier.