| (4) Both the original and the transferred prescription
drug orders are maintained for a period of two years from the date
of last refill.
(5) The individual transferring the prescription drug
order information shall ensure the following occurs:
(A) write the word "void" on the face of
the invalidated prescription or the prescription is voided in the
data processing system;
(B) record the name, address, if for a controlled substance,
the DEA registration number of the pharmacy to which it was transferred,
and the name of the receiving individual on the reverse of the invalidated
prescription or stored with the invalidated prescription drug order
in the data processing system;
(C) record the date of the transfer and the name of
the individual transferring the information; and
(D) if the prescription is transferred electronically,
provide the following information:
(i) date of original dispensing and prescription number;
(ii) number of refills remaining and if a controlled
substance, the date(s) and location(s) of previous refills;
(iii) name, address, and if a controlled substance,
the DEA registration number of the transferring pharmacy;
(iv) name of the individual transferring the prescription;
and
(v) if a controlled substance, name, address and DEA
registration number, and prescription number from the pharmacy that
originally dispensed the prescription, if different.
(6) The individual receiving the transferred prescription
drug order information shall:
(A) write the word "transfer" on the face
of the prescription or the prescription record indicates the prescription
was a transfer; and
(B) reduce to writing all of the information required
to be on a prescription as specified in subsection (b)(7) of this
section (relating to Prescriptions) and including the following information;
(i) date of issuance and prescription number;
(ii) original number of refills authorized on the original
prescription drug order;
(iii) date of original dispensing;
(iv) number of valid refills remaining and if a controlled
substance, date(s) and location(s) of previous refills;
(v) name, address, and if for a controlled substance,
the DEA registration number of the transferring pharmacy;
(vi) name of the individual transferring the prescription;
and
(vii) name, address, and if for a controlled substance,
the DEA registration number, of the pharmacy that originally dispensed
the prescription, if different; or
(C) if the prescription is transferred electronically,
create an electronic record for the prescription that includes the
receiving pharmacist's name and all of the information transferred
with the prescription including all of the information required to
be on a prescription as specified in subsection (b)(7) of this section
(relating to Prescriptions) and the following:
(i) date of original dispensing;
(ii) number of refills remaining and if a controlled
substance, the prescription number(s), date(s) and location(s) of
previous refills;
(iii) name, address, and if for a controlled substance,
the DEA registration number;
(iv) name of the individual transferring the prescription;
and
(v) name, address, and if for a controlled substance,
the DEA registration number, of the pharmacy that originally filled
the prescription.
(7) Both the individual transferring the prescription
and the individual receiving the prescription must engage in confirmation
of the prescription information by such means as:
(A) the transferring individual faxes the hard copy
prescription to the receiving individual; or
(B) the receiving individual repeats the verbal information
from the transferring individual and the transferring individual verbally
confirms that the repeated information is correct.
(8) Pharmacies transferring prescriptions electronically
shall comply with the following:
(A) Prescription drug orders may not be transferred
by non-electronic means during periods of downtime except on consultation
with and authorization by a prescribing practitioner; provided however,
during downtime, a hard copy of a prescription drug order may be made
available for informational purposes only, to the patient or a pharmacist,
and the prescription may be read to a pharmacist by telephone.
(B) The original prescription drug order shall be invalidated
in the data processing system for purposes of filling or refilling,
but shall be maintained in the data processing system for refill history
purposes.
(C) If the data processing system does not have the
capacity to store all the information as specified in paragraphs (5)
and (6) of this subsection, the pharmacist is required to record this
information on the original or transferred prescription drug order.
(D) The data processing system shall have a mechanism
to prohibit the transfer or refilling of controlled substance prescription
drug orders that have been previously transferred.
(E) Pharmacies electronically accessing the same prescription
drug order records may electronically transfer prescription information
if the following requirements are met.
(i) The original prescription is voided and the pharmacies'
data processing systems shall store all the information as specified
in paragraphs (5) and (6) of this subsection.
(ii) Pharmacies not owned by the same entity may electronically
access the same prescription drug order records, provided the owner,
chief executive officer, or designee of each pharmacy signs an agreement
allowing access to such prescription drug order records.
(iii) An electronic transfer between pharmacies may
be initiated by a pharmacist intern, pharmacy technician, or pharmacy
technician trainee acting under the direct supervision of a pharmacist.
(9) An individual may not refuse to transfer original
prescription information to another individual who is acting on behalf
of a patient and who is making a request for this information as specified
in this subsection. The transfer of original prescription information
must be completed within four business hours of the request.
(10) When transferring a compounded prescription, a
pharmacy is required to provide all of the information regarding the
compounded preparation including the formula unless the formula is
patented or otherwise protected, in which case, the transferring pharmacy
shall, at a minimum, provide the quantity or strength of all of the
active ingredients of the compounded preparation.
(11) The electronic transfer of multiple or bulk prescription
records between two pharmacies is permitted provided:
(A) a record of the transfer as specified in paragraph
(5) of this subsection is maintained by the transferring pharmacy;
(B) the information specified in paragraph (6) of this
subsection is maintained by the receiving pharmacy; and
(C) in the event that the patient or patient's agent
is unaware of the transfer of the prescription drug order record,
the transferring pharmacy must notify the patient or patient's agent
of the transfer and must provide the patient or patient's agent with
the telephone number of the pharmacy receiving the multiple or bulk
prescription drug order records.
(h) Distribution of controlled substances to another
registrant. A pharmacy may distribute controlled substances to a practitioner,
another pharmacy, or other registrant, without being registered to
distribute, under the following conditions.
(1) The registrant to whom the controlled substance
is to be distributed is registered under the Controlled Substances
Act to dispense that controlled substance.
(2) The total number of dosage units of controlled
substances distributed by a pharmacy may not exceed 5.0% of all controlled
substances dispensed and distributed by the pharmacy during the 12-month
period in which the pharmacy is registered; if at any time it does
exceed 5.0%, the pharmacy is required to obtain an additional registration
to distribute controlled substances.
(3) If the distribution is for a Schedule III, IV,
or V controlled substance, a record shall be maintained that indicates:
(A) the actual date of distribution;
(B) the name, strength, and quantity of controlled
substances distributed;
(C) the name, address, and DEA registration number
of the distributing pharmacy; and
Cont'd... |
