Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
217.215(2),
315.191(1)(f),
21 C.F.R.
1306.08,
1306.25
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
315.191(f) authorizes the
Board of Pharmacy to promulgate administrative regulations to control the
transfer of prescription drug orders between pharmacists and pharmacies. This
administrative regulation establishes the procedures by which a prescription
may be transferred between pharmacies in the Commonwealth or between a pharmacy
and an establishment located in a state or United States Territory or District
outside the Commonwealth and similarly credentialed as a pharmacy by that state
or U.S. Territory or District for the purpose of dispensing.
Section 1.
(1) The transfer of prescription information
for any noncontrolled substance prescription for the purpose of new or refill
dispensing may occur if:
(a) It is orally
communicated directly between two (2) pharmacists or pharmacist interns in the
Commonwealth or between a pharmacist and an individual located in a state or
U.S. Territory or District outside the Commonwealth and similarly credentialed
as a pharmacist by that state or U.S. Territory or District;
(b) It is made through an online real-time
computer system that provides documentation of the presence of a pharmacist or
an individual located in a state or U.S. Territory or District outside the
Commonwealth and similarly credentialed as a pharmacist by that state or U.S.
Territory or District when the information is transferred;
(c) It is made through the use of a facsimile
machine and all the information required by this administrative regulation is
provided to the sending and receiving pharmacist or an individual located in a
state or U.S. Territory or District outside the Commonwealth and similarly
credentialed as a pharmacist by that state or U.S. Territory or District;
or
(d) It is made through the use
of voice recording technology and all information required by this
administrative regulation is provided to the sending and receiving pharmacist
or an individual located in a state or U.S. Territory or District outside the
Commonwealth and similarly credentialed as a pharmacist by that state or U.S.
Territory or District.
(2) If in the Commonwealth the transferring
pharmacist shall record the following information:
(a) That the prescription is void;
(b) The name and address of the pharmacy or
the establishment located in a state or U.S. Territory or District outside the
Commonwealth that is similarly credentialed as a pharmacy by that state or U.S.
Territory or District to which it was transferred and the name of the
pharmacist or the individual located in a state or U.S. Territory or District
outside the Commonwealth that is similarly credentialed as a pharmacist by that
state or U.S. Territory or District receiving the prescription information;
and
(c) The date of the transfer
and the name of the pharmacist transferring the information.
(3) If in the Commonwealth the
pharmacist receiving the transferred prescription shall record the following
information:
(a) That the prescription is a
transfer;
(b) The date of issuance
of the original prescription;
(c)
The refill authorization on the original prescription;
(d) The date of original dispensing, if
applicable;
(e) The refill
authorization remaining and the date of the last refill if
applicable;
(f) The name and
address of the pharmacy or the establishment located in a state or U.S.
Territory or District outside the Commonwealth that is similarly credentialed
as a pharmacy by that state or U.S. Territory or District and the original
prescription number from which the prescription was transferred; and
(g) The name of the transferor pharmacist or
the individual located in a state or U.S. Territory or District outside the
Commonwealth that is similarly credentialed as a pharmacist by that state or
U.S. Territory or District.
(4) Both the original prescription and the
transferred prescription shall be maintained for a period of five (5) years
from the date of the last refill.
(5) Pharmacies electronically accessing the
same prescription record shall satisfy all information of a manual mode for a
prescription transfer.
Section
2.
(1) The transfer for an
initial or new dispensing of an electronic prescription for schedules II-V may
occur if the transfer complies with the requirements of
21 C.F.R.
1306.08.
(2) The transfer of prescription information
for a controlled substance prescription for schedule III, IV, and V for the
purposes of refill dispensing may occur if the transfer complies with the
requirements of 21 C.F.F. 1306.25.
(3) Transfers The recordkeeping requirements
in 201 KAR 2:171, Section
1
Section 3. Pharmacies
shall maintain documentation, as required in
201 KAR 2:171, of transferred
prescriptions for a period of five (5) years.
Section 4. Violation of a provision of this
administrative regulation may constitute unethical or unprofessional conduct in
accordance with KRS
315.121(2)(d), (f), and
(g).
STATUTORY AUTHORITY:
KRS
217.215(2),
315.191(1)(a),
(f)
