R156-17b-613. Operating Standards - Issuing Prescription Orders by Electronic Means

  In accordance with Subsections 58-17b-102(29) through (30), 58-17b-602(1), R156-82, and R156-1, prescription orders may be issued by electronic means of communication according to the following standards:

  (1) Prescription orders for Schedule II - V controlled substances received by electronic means of communication shall be handled according to Part 1304.04 of Section 21 of the CFR.

  (2) Prescription orders for non-controlled substances received by electronic means of communication may be dispensed by a pharmacist, pharmacy intern, or DMP only if all of the following conditions are satisfied:

  (a) all electronically transmitted prescription orders shall include the following:

  (i) all information that is required to be contained in a prescription order pursuant to Section 58-17b-602;

  (ii) the time and date of the transmission, and if a facsimile transmission, the electronically encoded date, time and fax number of the sender; and

  (iii) the name of the pharmacy intended to receive the transmission;

  (b) the prescription order shall be transmitted under the direct supervision of the prescribing practitioner or his designated agent;

  (c) the pharmacist or DMP shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription. Practitioners or their agents transmitting medication orders using electronic equipment are to provide voice verification when requested by the pharmacist receiving the medication order. The pharmacist or DMP is responsible for assuring that each electronically transferred prescription order is valid and shall authenticate a prescription order issued by a prescribing practitioner that has been transmitted to the dispensing pharmacy before filling it, whenever there is a question;

  (d) a practitioner may authorize an agent to electronically transmit a prescription provided that the identifying information of the transmitting agent is included on the transmission. The practitioner's electronic signature, or other secure method of validation, shall be provided with the electronic prescription; and

  (e) an electronically transmitted prescription order that meets the requirements above shall be deemed to be the original prescription.

  (3) This section does not apply to the use of electronic equipment to transmit prescription orders within inpatient medical facilities.

  (4) No agreement between a prescribing practitioner and a pharmacy shall require that prescription orders be transmitted by electronic means from the prescribing practitioner to that pharmacy only.

  (5) The pharmacist or DMP shall retain a printed copy of an electronic prescription, or a record of an electronic prescription that is readily retrievable and printable, for a minimum of five years. The printed copy shall be of non-fading legibility.

  (6) Wholesalers, distributors, manufacturers, pharmacists and pharmacies shall not supply electronic equipment to any prescriber for transmitting prescription orders.

  (7) An electronically transmitted prescription order shall be transmitted to the pharmacy of the patient's choice.

  (8) Prescription orders electronically transmitted to the pharmacy by the patient shall not be filled or dispensed.

  (9) A prescription order for a legend drug or controlled substance in Schedule III through V may be transferred up to the maximum refills permitted by law or by the prescriber by electronic transmission providing the pharmacies share a real-time, on-line database provided that:

  (a) the information required to be on the transferred prescription has the same information as described in Subsection R156-17b-612(5)(a) through (f); and

  (b) pharmacists, pharmacy interns, pharmacy technicians, or pharmacy technician trainees, DMPs, and DMP designees electronically accessing the same prescription drug order records may electronically transfer prescription information if the data processing system has a mechanism to send a message to the transferring pharmacy containing the following information:

  (i) the fact that the prescription drug order was transferred;

  (ii) the unique identification number of the prescription drug order transferred;

  (iii) the name of the pharmacy to which it was transferred; and

  (iv) the date and time of the transfer.