Current through Register Vol. 49, No. 2, February 2024
52. Facsimile (Fax) Prescription Drug Order -
A prescription drug order which is" transmitted by an electronic device which
sends an exact copy image to the receiver (pharmacy) over telephone lines.
I. Faxing Schedule II Prescriptions
(A)
Faxing A Schedule II For A
Home Infusion and/or I.V. Pain Therapy Patient.
A prescription, written for a Schedule II narcotic substance to be
compounded for the direct administration to a home infusion patient by
parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion,
may be transmitted directly from the prescribing practitioner, by the
practitioner or the practitioner's agent, to the pharmacy by facsimile. The
facsimile serves as the original written prescription. This exception
does not apply to oral dose medications. (Also see Regulation
#56)
(B)
Faxing
A Schedule II For A Long Term Care Patient.
A prescription written for a Schedule II substance, for a resident of a
long-term care facility, may be transmitted directly from the prescribing
individual practitioner, by the practitioner or the practitioner's agent, to
the provider pharmacy by facsimile. The facsimile serves as the original
written prescription. (See also Regulation #56)
II. Faxing From A Long Term Care Facility To
A Pharmacy.
A pharmacist may accept a Fax prescription from a long term care
facility provided:
(A) For Schedule II
drugs, all requirements of a written prescription are met, including the
prescriber's signature on the faxed order and it is faxed by the nurse/person
the physician and the LTC facility has designated as his/her "agent" to
transmit the order, and must contain the nurse/person's signature.
(B) For drugs other than Schedule II, the
order faxed by the nurse/person the physician and the LTC facility has
designated as his/her "agent" to transmit the order, and must contain the
nurse/person's signature.
(C) The
pharmacist verifies the Fax is from the machine in the LTC facility.
III. Faxed Prescriptions.
(A) A pharmacist may dispense directly a
controlled substance listed in Schedule III, IV, or V which is a prescription
drug, or any legend drug, only pursuant to either a written prescription signed
by a prescribing individual practitioner or a facsimile of a written signed
prescription transmitted directly by the prescribing practitioner, or the
practitioner's agent, to the pharmacy or pursuant to an oral prescription made
by a prescribing individual practitioner, or the practitioner's agent, and
promptly reduced to writing by the pharmacist.
(B) All law and regulation applicable to oral
prescription drug orders shall also apply to all facsimile orders including,
but not limited to, generic substitution, maintenance of records, information
required, etc.
(C) A prescription
order transmitted by facsimile device shall contain all prescription
information required by federal and state law.
(D) A pharmacist may dispense prescription
orders transmitted by Fax only when signed by the prescribing practitioner and
transmitted from the practitioner's office or a long term care facility in
compliance with all sections of this document.
(E) The original Fax shall be assigned the
number of the prescription dispensed, and maintained in pharmacy records for at
least two years.
(F) The receiving
Fax machine must be in the prescription department of the pharmacy to protect
patient/pharmacist/authorized prescribing practitioner confidentiality and
security.
(G) Refill authorizations
for prescriptions, other than Schedule II, may be transmitted using a facsimile
device.
IV.
Patient/Prescriber Consideration:
(A) No
pharmacist shall enter into any agreement with a practitioner or health care
facility concerning the provision of facsimile machine services or equipment
which adversely affects any person's freedom to choose the pharmacy at which a
prescription will be filled.
(B) A
pharmacy/pharmacist shall not provide a fax machine to a prescriber, a long
term care facility, or any healthcare facility free of charge or for less than
the pharmacy/pharmacist cost.
(C)
No agreement between a prescriber and a pharmacy shall require that
prescription orders be transmitted by facsimile machine from the prescriber to
only that pharmacy.
(D) A
pharmacy/pharmacist shall not enter into any agreement whereby the
pharmacy/pharmacist pays to obtain the prescription order by fax or any
electronic data transfer.
