Current through Register Vol. 51, No. 3, September 1, 2024
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
217.215(2) authorizes the
board to establish administrative regulations relating to the storage and
retrieval of prescription records in licensed pharmacies, including
administrative regulations regarding computerized record-keeping. This
administrative regulation provides standards for licensed pharmacies using
computerized recordkeeping.
Section 1.
The following information shall be entered into the system:
(1) All information pertinent to a
prescription shall be entered into the system, including items such as each of
the following:
(a) The prescription
number;
(b) The patient's name and
address;
(c) The prescriber's name
and address;
(d) The prescriber's
Federal Drug Enforcement Administration number, if appropriate;
(e) Refill authorization;
(f) Any prescriber's instructions or
patient's preference permitted by KRS Chapters 217, 218A, and 315, or 201 KAR
Chapter 2;
(g) The name, strength,
dosage form, and quantity of the drug dispensed originally and upon each
refill; and
(h) The date of
dispensing of the prescription and the identifying designation of the
dispensing pharmacist for the original filling and each refill.
(2) The entries shall be made into
the system when the prescription is first filled and upon each refill, except
that the format of the record may be organized so that the data already entered
may appear for the prescription or refill without reentering that data. Records
that are received or sent electronically may be kept electronically. The
dispensing pharmacist shall ensure the completeness and accuracy of the
entries.
(3)
(a) The original prescription and a record of
each refill, if received written or oral, shall be preserved as a hard copy for
a period of three (3) years and thereafter be preserved as a hard copy or
electronically for no less than an additional two (2) years.
(b) The original prescription and a record of
each refill, if received by facsimile, shall be preserved as a hard copy, the
original electronic image, or electronically for a period of three (3) years
and thereafter be preserved as a hard copy, the original electronic image, or
electronically for no less than an additional two (2) years.
(c) The original and electronic prescription
shall be subject to inspection by authorized agents. An original and electronic
prescription shall not be obstructed in any manner.
(4) The original prescription and a record of
each refill, if received as an e-prescription, shall be preserved
electronically for a period of no less than five (5) years. The electronic
prescription shall be subject to inspection by authorized agents. An original
and electronic prescription shall not be obstructed in any manner.
(5) The required information shall be entered
into the system for all prescriptions filled at the pharmacy.
(6) The system shall provide adequate
safeguards against improper manipulation or alteration of the data.
(7)The system shall have the capability of
producing a hard-copy printout of all original and refilled prescription data
as required in this section. A hard-copy printout of the required data shall be
made available to an authorized agent within forty-eight (48) hours of the
receipt of a written request.
(8)
The system shall maintain a record of each day's prescription data as follows:
(a) This record shall be verified, dated, and
signed by the pharmacist or pharmacists who filled those prescription orders
either:
1. Electronically;
2. Manually; or
3. In a log.
(b) This record shall be maintained for no
less than five (5) years; and
(c)
This record shall be readily retrievable and shall be subject to inspection by
authorized agents.
(9)
An auxiliary recordkeeping system shall be established for the documentation of
refills if the automated data processing system is inoperative for any reason.
The auxiliary system shall ensure that all refills are authorized by the
original prescription order and that the maximum number of refills is not
exceeded. If the automated data processing system is restored to operation, the
information regarding prescriptions filled and refilled during the inoperative
period shall be entered into the automated data processing system within
seventy-two (72) hours.
(10)
Controlled substance data shall be identifiable apart from other items
appearing in the record.
(11) The
pharmacist shall assure continuity in the maintenance of records throughout any
transition in computerized record systems utilized.
Section 2. A computer malfunction or data
processing service provider's negligence shall not be a defense against charges
of improper recordkeeping.
Section
3. This administrative regulation is not applicable to the
recordkeeping for drugs prescribed for and administered to patients confined as
inpatients in an acute care facility.
STATUTORY AUTHORITY:
KRS
217.215(2),
315.191(1),
(a),
(f)