PetMed Express targets veterinarian resistance

Lake Buena Vista, Fla.-A PetMed Express attorney who once represented Florida's veterinary and pharmacy boards accuses practitioners of conspiring against the online pharmacy to impede business and avoid competition.

Edwin Bayo

Edwin Bayo, formerly a Florida assistant attorney general, now takes the defense on behalf of PetMed Express, the nation's largest Internet/ mail-order pet pharmacy. Plagued by a history of veterinarian complaints, state lawsuits and federal fines related to the illegal distribution of prescription drugs, the embattled company accuses practitioners of using fraud and deception to unlawfully hinder its right to trade.

During a recent Florida Board of Veterinary Medicine meeting, Bayo attempted to "educate" the veterinary community of laws prohibiting practitioners' alleged uncooperativeness in dealing with PetMed Express prescription requests. He also resents practitioners badmouthing the reportedly reformed company.

"We're concerned with the large number of veterinarians who refuse to authorize legitimate prescriptions," Bayo says in the meeting's transcripts. "We believe that in some cases that refusal is based upon unfamiliarity with the laws and rules, which govern the practice of pharmacy and which define what a prescription is."

Widespread accusations

Bayo refuses to estimate total business lost to what he describes as deceptive practices by veterinarians but quantifies the number of rejected or ignored PetMed Express authorization requests as "a lot."

DVMs break Florida law, he says, when citing legal requirements prohibiting them from scripting out via fax or phone, forcing clients to pick up prescriptions from the office, charging clients to write prescriptions or rejecting PetMed Express authorization requests for non-medical reasons. He claims veterinarians even request monetary kickbacks from the company in exchange for compliance.

"I've seen requests upwards of $25," Bayo says in an interview with DVM Newsmagazine. "It's extortion almost."

Matter of opinion

While the alleged kickback requests are outright illegal, much of what Bayo contends falls into gray areas of Florida law, says Catherine Lannon, counsel for the Florida Board of Veterinary Medicine.

Practitioners must allow clients to choose where they fill their prescriptions, but no law requires veterinarians to directly deal with PetMed Express, Lannon says. Veterinarians refusing to script via fax or phone also must not blame Florida law. Instead, they should tell clients it's their practice's policy, not a legal mandate, she adds.

"There are also disciplinary provisions in the practice act for veterinarians attempting to restrict competition other than for the protection of the public," Lannon says. "There aren't many practice acts that have that specific language, but in Florida, a doctor can be disciplined for it."

A fine line

Charging to write prescriptions in Florida is also legal; there's no cap. Yet Bayo claims in meeting transcripts that there should be guidelines as to how much veterinarians can charge. If it's found a veterinarian is overcharging to defeat a client's savings from PetMed Express, the practitioner could be disciplined, says Dr. Sergio Vega, a board member and Miami practitioner.

"That can bring you in front of the board," he says. "You may not be punished, but it will be a headache for you. To avoid problems, give clients a prescription with a smile at no charge."

Take notice

Veterinarians outside of Florida also might want to consider Vega's advice.

While each state enforces distinct regulations, it's feasible that PetMed Express could spread Bayo's accusations nationally. Veterinary medical boards traditionally have taken cues from Florida regulators to discipline the Pompano Beach-based pharmacy for past violations, namely the illegal distribution of prescription drugs and violations of the doctor-client-patient relationship. As PetMed Express attempts to turn the tables on the veterinary community, regulators' reactions to the company's complaints are unpredictable.

Be proactive

Vega suggests practitioners get to know the laws regulating pharmacy and veterinary medical practices, even if they're difficult to understand and interpret.

"There's a lot of confusion, which makes it easy to get into hot water," Vega says. "But if something smells bad and you think it might be unethical, the best thing to do is not do it. It's not worth it."

At presstime, no formal complaints by the pharmacy against practitioners had been filed. Vega predicts it's just a matter of time.

"I think PetMed Express is just making noise, but eventually we'll probably have something," he says. "We'll have to see what happens. I'm sure this is not going to go away."