Current through September 16, 2024
1. Except as otherwise provided in subsection
2, a prescription may be filled or refilled by a fulfillment pharmacy for a
dispensing pharmacy if:
(a) The fulfillment
pharmacy enters the data concerning the prescription into its computer system
directly or the dispensing pharmacy enters the data concerning the prescription
into its computer system and transfers that data to the computer system of the
fulfillment pharmacy in a secure and confidential manner;
(b) The computer system of the dispensing
pharmacy:
(1) Transmits to the computer
system of the fulfillment pharmacy the National Drug Code number of the drug
that the fulfillment pharmacy must use to fill or refill the
prescription;
(2) Makes and retains
a record documenting the date and time that the prescription is transmitted to
the fulfillment pharmacy and the identity of the fulfillment pharmacy;
and
(3) If applicable,
automatically reduces the number of refills of the prescription;
(c) The computer systems of the
dispensing pharmacy and the fulfillment pharmacy are operated in compliance
with the applicable provisions of this chapter and chapter 639 of
NRS;
(d) The fulfillment pharmacy
labels the container in which the prescription will be dispensed in compliance
with
NRS
639.2801 using a label from the dispensing
pharmacy or a label that contains the same information as the dispensing
pharmacy would have been required to place on the label if the dispensing
pharmacy had filled or refilled the prescription;
(e) For each prescription that is being
filled for the first time:
(1) A pharmacist
employed by the dispensing pharmacy or a pharmacist employed by the fulfillment
pharmacy verifies the correctness of the data in the computer system of the
dispensing pharmacy concerning the prescription before the prescription is
filled by the fulfillment pharmacy, and:
(I)
If the computer system of the dispensing pharmacy is capable of recording the
identification of the pharmacist and the date and time when the pharmacist
performed the verification, the pharmacist properly records in the computer
system of the dispensing pharmacy the verification of the data; or
(II) Makes a written notation of the
verification of the data directly on the prescription; or
(2) If the dispensing pharmacy receives the
prescription drug from the fulfillment pharmacy, a pharmacist employed by the
dispensing pharmacy verifies the correctness of the prescription drug ordered
by the prescription when it is received from the fulfillment pharmacy and the
pharmacist makes a written notation on the prescription or in the record of the
prescription in the computer system of the dispensing pharmacy that includes
the name of the pharmacist and the date on which the pharmacist performed the
verification;
(f) For
each prescription that is being refilled by the fulfillment pharmacy, a
pharmacist or any other person employed by the dispensing pharmacy makes a
record, by hand on a written document or in the record of the prescription in
the computer system of the dispensing pharmacy, that includes:
(1) The date that the request to refill the
prescription was sent to the fulfillment pharmacy; and
(2) The date that the prescription drug
ordered to refill the prescription was received by the dispensing pharmacy from
the fulfillment pharmacy; and
(g) A pharmacist employed by the dispensing
pharmacy verifies the correctness of the prescription drug ordered to refill
the prescription if the prescription drug is received from the fulfillment
pharmacy and if, in his or her professional judgment, the pharmacist determines
such verification is necessary.
2. If the drug identified by the National
Drug Code number which is transmitted to a fulfillment pharmacy pursuant to
subparagraph (1) of paragraph (b) of subsection 1 is not available to the
fulfillment pharmacy, the fulfillment pharmacy:
(a) Shall not fill or refill the
prescription; and
(b) Shall
transmit the prescription back to the dispensing pharmacy to be filled or
refilled.
3. If a
dispensing pharmacy:
(a) Does not include
prescription drugs ordered by prescriptions that are filled or refilled by a
fulfillment pharmacy in the inventory of the dispensing pharmacy, the
dispensing pharmacy shall, not later than 30 days after receipt of a
prescription drug ordered by a prescription that was filled or refilled by a
fulfillment pharmacy:
(1) Return the
prescription drug to the fulfillment pharmacy that filled or refilled the
prescription if the prescription drug has not been dispensed to a patient or an
agent of a patient; and
(2) Ensure
that a pharmacist employed by the dispensing pharmacy records the date that the
prescription drug was returned to the fulfillment pharmacy on a written
document that is maintained at the dispensing pharmacy or in the record of the
prescription in the computer system of the dispensing pharmacy.
(b) Includes prescription drugs
ordered by prescriptions that are filled or refilled by a fulfillment pharmacy
in the inventory of the dispensing pharmacy, the dispensing pharmacy shall:
(1) Not take possession of a prescription
drug ordered by a prescription that was filled or refilled by a fulfillment
pharmacy unless the prescription drug is accompanied by a written or electronic
record;
(2) File and process an
invoice for each prescription drug that it receives from a fulfillment pharmacy
in the same manner as the dispensing pharmacy files and processes invoices for
prescription drugs that it receives from a wholesaler; and
(3) Process and treat each prescription drug
ordered by a prescription that is filled or refilled by a fulfillment pharmacy
in the same manner as the dispensing pharmacy processes and treats prescription
drugs that originate from the inventory of the dispensing pharmacy.
4. The transmission of
a prescription by a dispensing pharmacy to a fulfillment pharmacy pursuant to
this section is not a transfer of a prescription.
5. A dispensing pharmacy shall ensure that a
patient has been counseled in compliance with
NRS
639.266 and NAC 639.707 and
639.708.
6. If a prescription is
transmitted to and filled or refilled by a fulfillment pharmacy pursuant to
this section, both the dispensing pharmacy and the fulfillment pharmacy are
individually responsible for ensuring that their respective portions of the
prescription have been filled or refilled correctly.
7. A dispensing pharmacy shall not transmit,
and a fulfillment pharmacy shall not fill or refill, a prescription pursuant to
this section for any controlled substance listed in schedule II.
8. This section does not prohibit a
fulfillment pharmacy from communicating with a patient concerning a
prescription which is filled or refilled by the fulfillment pharmacy.
9. As used in this section:
(a) "Dispensing pharmacy" means a pharmacy
licensed by the Board that sends a prescription to a fulfillment pharmacy to be
filled or refilled by the fulfillment pharmacy.
(b) "Fulfillment pharmacy" means a pharmacy
licensed by the Board that fills or refills prescriptions on behalf of a
dispensing pharmacy.
(c)
"Wholesaler" has the meaning ascribed to it in
NRS
639.016.
Added to NAC by Bd. of
Pharmacy by R035-02, eff. 10-15-2002; A by R020-03, 10-21-2003; R035-09,
8-13-2010
NRS
639.070,
639.0745
