| (ii) all of the appropriate data shall be retained
for online data entry as soon as the system is available for use again.
(3) Authorization of refills. Practitioner authorization
for additional refills of a prescription drug order shall be noted
as follows:
(A) on the hard copy prescription drug order;
(B) on the daily hard copy printout; or
(C) via the computer display.
(f) Limitation to one type of recordkeeping system.
When filing prescription drug order information a pharmacy may use
only one of the two systems described in subsection (d) or (e) of
this section.
(g) Transfer of prescription drug order information.
For the purpose of initial or refill dispensing, the transfer of original
prescription drug order information is permissible between pharmacies,
subject to the following requirements.
(1) The transfer of original prescription drug order
information for controlled substances listed in Schedules III, IV,
or V for the purpose of refill dispensing is permissible between pharmacies
on a one-time basis only. However, pharmacies electronically sharing
a real-time, online database may transfer up to the maximum refills
permitted by law and the prescriber's authorization.
(2) The transfer of original prescription drug order
information for dangerous drugs is permissible between pharmacies
without limitation up to the number of originally authorized refills.
(3) The transfer is communicated orally by telephone
or via facsimile directly by a pharmacist to another pharmacist, by
a pharmacist to a pharmacist-intern, or by a pharmacist-intern to
another pharmacist.
(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:
(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, and 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, the name, address, 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 indicate in the prescription record that 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 the following:
(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, the 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,
that 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; and
(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 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; and
(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
Cont'd... |
