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

      (iv) As is required for all prescriptions, a drug regimen review shall be completed on all prescriptions filled as a result of the auto-refill program. Special attention shall be noted for drug regimen review warnings of duplication of therapy and all such conflicts shall be resolved with the prescribing practitioner prior to refilling the prescription.

  (9) Records Relating to Dispensing Errors. If a dispensing error occurs, the following is applicable.

    (A) Original prescription drug orders:

      (i) shall not be destroyed and must be maintained in accordance with subsection (a) of this section; and

      (ii) shall not be altered. Altering includes placing a label or any other item over any of the information on the prescription drug order (e.g., a dispensing tag or label that is affixed to back of a prescription drug order must not be affixed on top of another dispensing tag or label in such a manner as to obliterate the information relating to the error).

    (B) Prescription drug order records maintained in a data processing system:

      (i) shall not be deleted and must be maintained in accordance with subsection (a) of this section;

      (ii) may be changed only in compliance with subsection (e)(2)(B) of this section; and

      (iii) if the error involved incorrect data entry into the pharmacy's data processing system, this record must be either voided or cancelled in the data processing system, so that the incorrectly entered prescription drug order may not be dispensed, or the data processing system must be capable of maintaining an audit trail showing any changes made to the data in the system.

  (10) Accelerated refills. In accordance with §562.0545 of the Act, a pharmacist may dispense up to a 90-day supply of a dangerous drug pursuant to a valid prescription that specifies the dispensing of a lesser amount followed by periodic refills of that amount if:

    (A) the total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the original prescription, including refills;

    (B) the patient consents to the dispensing of up to a 90-day supply and the physician has been notified electronically or by telephone;

    (C) the physician has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary;

    (D) the dangerous drug is not a psychotropic drug used to treat mental or psychiatric conditions; and

    (E) the patient is at least 18 years of age.

(c) Patient medication records.

  (1) A patient medication record system shall be maintained by the pharmacy for patients to whom prescription drug orders are dispensed.

  (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 list shall 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 recordkeeping 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.

Cont'd...

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