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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER BCOMMUNITY PHARMACY (CLASS A)
RULE §291.34Records

  (2) The patient medication record system shall provide for the immediate retrieval of information for the previous 12 months that is necessary for the dispensing pharmacist to conduct a prospective drug regimen review at the time a prescription drug order is presented for dispensing.

  (3) The pharmacist-in-charge shall assure that a reasonable effort is made to obtain and record in the patient medication record at least the following information:

    (A) full name of the patient for whom the drug is prescribed;

    (B) address and telephone number of the patient;

    (C) patient's age or date of birth;

    (D) patient's gender;

    (E) any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and the identity of any other drugs currently being used by the patient which may relate to prospective drug regimen review;

    (F) pharmacist's comments relevant to the individual's drug therapy, including any other information unique to the specific patient or drug; and

    (G) a list of all prescription drug orders dispensed (new and refill) to the patient by the pharmacy during the last two years. Such lists hall contain the following information:

      (i) date dispensed;

      (ii) name, strength, and quantity of the drug dispensed;

      (iii) prescribing practitioner's name;

      (iv) unique identification number of the prescription; and

      (v) name or initials of the dispensing pharmacists.

  (4) A patient medication record shall be maintained in the pharmacy for two years. If patient medication records are maintained in a data processing system, all of the information specified in this subsection shall be maintained in a retrievable form for two years and information for the previous 12 months shall be maintained on-line. A patient medication record must contain documentation of any modification, change, or manipulation to a patient profile.

  (5) Nothing in this subsection shall be construed as requiring a pharmacist to obtain, record, and maintain patient information other than prescription drug order information when a patient or patient's agent refuses to provide the necessary information for such patient medication records.

(d) Prescription drug order records maintained in a manual system.

  (1) Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D) of this section.

  (2) Refills.

    (A) Each time a prescription drug order is refilled, a record of such refill shall be made:

      (i) on the back of the prescription by recording the date of dispensing, the written initials or identification code of the dispensing pharmacist, the initials or identification code of the pharmacy technician or pharmacy technician trainee preparing the prescription label, if applicable, and the amount dispensed. (If the pharmacist merely initials and dates the back of the prescription drug order, he or she shall be deemed to have dispensed a refill for the full face amount of the prescription drug order); or

      (ii) on another appropriate, uniformly maintained, readily retrievable record, such as medication records, that indicates by patient name the following information:

        (I) unique identification number of the prescription;

        (II) name and strength of the drug dispensed;

        (III) date of each dispensing;

        (IV) quantity dispensed at each dispensing;

        (V) initials or identification code of the dispensing pharmacist;

        (VI) initials or identification code of the pharmacy technician or pharmacy technician trainee preparing the prescription label, if applicable; and

        (VII) total number of refills for the prescription.

    (B) If refill records are maintained in accordance with subparagraph (A)(ii) of this paragraph, refill records for controlled substances in Schedules III-V shall be maintained separately from refill records of dangerous drugs and nonprescription drugs.

  (3) Authorization of refills. Practitioner authorization for additional refills of a prescription drug order shall be noted on the original prescription, in addition to the documentation of dispensing the refill as specified in subsection (l) of this section.

  (4) Each time a modification, change, or manipulation is made to a record of dispensing, documentation of such change shall be recorded on the back of the prescription or on another appropriate, uniformly maintained, readily retrievable record, such as medication records. The documentation of any modification, change, or manipulation to a record of dispensing shall include the identification of the individual responsible for the alteration.

(e) Prescription drug order records maintained in a data processing system.

  (1) General requirements for records maintained in a data processing system.

    (A) Compliance with data processing system requirements. If a Class A pharmacy's data processing system is not in compliance with this subsection, the pharmacy must maintain a manual record keeping system as specified in subsection (d) of this section.

    (B) Original prescriptions. Original prescriptions shall be maintained in three files as specified in subsection (b)(6)(D) of this section.

    (C) Requirements for backup systems.

      (i) The pharmacy shall maintain a backup copy of information stored in the data processing system using disk, tape, or other electronic backup system and update this backup copy on a regular basis, at least monthly, to assure that data is not lost due to system failure.

      (ii) Data processing systems shall have a workable (electronic) data retention system that can produce an audit trail of drug usage for the preceding two years as specified in paragraph (2)(H) of this subsection.

    (D) Change or discontinuance of a data processing system.

      (i) Records of dispensing. A pharmacy that changes or discontinues use of a data processing system must:

        (I) transfer the records of dispensing to the new data processing system; or

        (II) purge the records of dispensing to a printout that contains the same information required on the daily printout as specified in paragraph(2)(C) of this subsection. The information on this hard copy printout shall be sorted and printed by prescription number and list each dispensing for this prescription chronologically.

      (ii) Other records. A pharmacy that changes or discontinues use of a data processing system must:

        (I) transfer the records to the new data processing system; or

        (II) purge the records to a printout that contains all of the information required on the original document.

      (iii) Maintenance of purged records. Information purged from a data processing system must be maintained by the pharmacy for two years from the date of initial entry into the data processing system.

    (E) Loss of data. The pharmacist-in-charge shall report to the board in writing any significant loss of information from the data processing system within 10 days of discovery of the loss.

  (2) Records of dispensing.

    (A) Each time a prescription drug order is filled or refilled, a record of such dispensing shall be entered into the data processing system.

    (B) Each time a modification, change or manipulation is made to a record of dispensing, documentation of such change shall be recorded in the data processing system. The documentation of any modification, change, or manipulation to a record of dispensing shall include the identification of the individual responsible for the alteration. Should the data processing system not be able to record a modification, change, or manipulation to a record of dispensing, the information should be clearly documented on the hard copy prescription.

    (C) The data processing system shall have the capacity to produce a daily hard copy printout of all original prescriptions dispensed and refilled. This hard copy printout shall contain the following information:

      (i) unique identification number of the prescription;

      (ii) date of dispensing;

      (iii) patient name;

      (iv) prescribing practitioner's name; and the supervising physician's name if the prescription was issued by an advanced practice registered nurse, physician assistant or pharmacist;

      (v) name and strength of the drug product actually dispensed; if generic name, the brand name or manufacturer of drug dispensed;

      (vi) quantity dispensed;

      (vii) initials or an identification code of the dispensing pharmacist;

Cont'd...

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