Steps to Becoming a Shield Provider
Information and resources can be found in our Shield Provider Toolkit.
Please contact us at info@theactgroup.org if you have questions, need technical assistance or would like a personal consultation.
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Licensure
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Data Security Systems
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Establish a pLLC or PC
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Register with Danco or Gen Bio Pro
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Misoprostol
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Dispensing Software
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Mail Order Pharmacies
You need to make sure you are in a state with an interstate telehealth shield law, meaning your state will protect your license and malpractice. It should also protect the medical information you collect and have extradition protections. Consult your legal team if unsure of your state’s laws. As of now most of the non-interstate shield laws only protect you when you send prescriptions within your state, meaning you may not be protected if you are sending prescriptions for a patient in another state or internationally. If you have multiple licenses, you could potentially run into issues with the licenses in non-shield states, especially in abortion deserts, if they find out you are shipping into their state. Having a license revoked is one of those things you have to put in every application for privileges everywhere, so it’s best to not have licenses in under resourced areas.
Detailed info can be found from multiple sources, but the Digital Defense Fund is specifically equipped to deal with digital security for abortion providers. (digitaldefensefund.org) A few basic steps include: - Using the App Signal for messaging as it is encrypted and not visible even by the App maker. Signal messages can be set to disappear in hours to days depending on how you set it up. - Using proton mail for email. Proton mail is also end-to -end encrypted but only as long as whomever you correspond with also has proton mail or other encrypted email servers. - You should always use a VPN when using your computer. You can purchase these. Protonmail, for example, offers a VPN (Virtual Private Network).
Creating a legal business entity is required for tax reasons, establishing relationships with vendors, such as Gen Bio pro, etc., and engaging in merchant service relationships, ie. so you can be paid. In addition, doing business as a pLLC or PC offers a layer of protection in case of civil suits as it insulates your private property. Each state has different procedures for setting up a company. While you can do it yourself, it is much faster to ask an accountant or lawyer to get it set up.
An agreement is necessary even if using a mail order pharmacy. When you establish this relationship, you will need a business address. If your home is already a registered business address, you can receive medications there but if not, you need to have a physical address. They will not accept PO boxes or virtual addresses such as ipostal and UPS.
Misoprostol can be purchased from most medical supply companies including Gen Bio Pro. HPS Rx, www.hpsrx.com, currently has the most affordable misoprostol on the market and you can buy prepackaged bottles of #4, #8 and #12.
HPS Rx offers dispensing software that logs patient info, lot #s, and keeps track of inventory as well as printing Rx labels. Cost is $0.50/patient. Pitney Bowes is another option. Getting these to interface with your EMR would be excellent, so if you are choosing a new EMR, see if they have this capability.
Right now there are two mail order pharmacies that will ship mifepristone to patients: Honeybee and AMOP. They will not mail into abortion deserts. They only mail to 22 states and DC. If a shield law passes in CA, Honeybee will be willing to mail to under resourced areas.
2
Malpractice Insurance
Currently malpractice companies cover you in states where you have a license. How this will be affected by interstate shield laws is still to be understood. The shield laws state a malpractice company can’t deny or change anything about your coverage in response to you providing abortions across state lines. Fortunately, malpractice suits for medication abortion are extremely rare. It is also recommended that you purchase a personal umbrella insurance policy which can usually be added on to your home or car insurance.