Current through Register Vol. 35, No. 18, September 24, 2024
A. All
prescriptions for controlled substances shall be dated as of, and signed on,
the day when issued and shall bear the full name and address of the patient,
the drug name, strength, dosage form, quantity prescribed, directions for use,
and the name, address and registration number of the practitioner. Information
on the prescription may be added or clarified by the pharmacist after
consultation with the practitioner. A practitioner may sign a paper
prescription in the same manner as he would sign a check or legal document
(e.g., J.H. Smith or John H. Smith). Where an oral order is not permitted,
paper prescriptions must be written with ink or indelible pencil, typewriter,
or printed on a computer printer and shall be manually signed by the
practitioner. A computer-generated prescription that is printed out or faxed by
the practitioner must be manually signed.
B. Electronic prescriptions shall be created
and signed using an application that meets the requirements of Part 1311 of the
Code of Federal Regulations. An individual practitioner may sign and transmit
electronic prescriptions for controlled substances in a manner that meets all
of the requirements of Part 1306.08 of the Code of Federal Regulations.
(1) Effective April 1, 2021 all controlled
substance prescriptions must be electronically transmitted ("Electronic
Prescriptions for Controlled Substances," EPCS) except:
(a) for patients residing in an intermediate
care, skilled nursing or correctional facility;
(b) for patients enrolled in hospice;
(c) for an animal by a licensed
veterinarian;
(d) a prescription
dispensed by a federal facility not subject to state regulation (e.g.
department of veteran affairs, indian health services, military bases);
(e) a prescription requiring
information that makes electronic transmission impractical, such as complicated
or lengthy directions for use or attachments; or new medications not yet in
electronic system;
(f) for
compounded prescriptions;
(g) for
prescriptions issued during a temporary technical or electronic failure at the
practitioner's or pharmacy's location;
(h) for prescriptions issued in an emergency
pursuant to federal law and rules of the board;
(i) for prescriptions issued in response to a
public health emergency where a non-patient specific prescription would be
permitted;
(j) under extenuating
circumstance, not inconsistent with federal law and where the practitioner
communicates directly with the pharmacist. The pharmacist, using professional
judgment, may accept the non-EPCS and is responsible for ensuring documentation
of the circumstance in the prescription record; and that the prescription is
otherwise in compliance with state and federal law and rules.
C. Unless otherwise
specified, a pharmacist who receives a written, oral, or facsimile prescription
shall not be required to verify that the prescription is subject to an
exemption and may dispense a prescription drug pursuant to an otherwise valid
written, oral, or facsimile prescription.
D. A prescription that falls under an
exception to the EPCS requirement may be transmitted to a pharmacy in one of
the following ways:
(1) A prescription for a
schedule II controlled substance may be transmitted by the practitioner or the
practitioner's agent to a pharmacy via facsimile equipment, provided the
original written, signed prescription is presented to the pharmacist for review
prior to the actual dispensing of the controlled substance, except as noted in
Paragraphs 2, 3 and 4 of this Subsection The original prescription shall be
maintained in accordance with
16.19.20.31
NMAC.
(2) A prescription prepared
in accordance with Subsection A of 16.19.20.42 NMAC written for a schedule II
narcotic substance to be compounded for the direct administration to a patient
by parenteral, intravenous, intramuscular, or subcutaneous infusion may be
transmitted by the practitioner or the practitioner's agent to the parenteral
products pharmacy by facsimile. The facsimile serves as the original written
prescription for purposes of this paragraph and it shall be maintained in
accordance with
16.19.20.31
NMAC.
(3) A prescription prepared
in accordance with Subsection A of 16.19.20.42 NMAC written for a schedule II
substance for a resident of a long term care facility may be transmitted by the
practitioner or the practitioner's agent to the dispensing pharmacy by
facsimile. The facsimile serves as the original written prescription for
purposes of this sub-section and it shall be maintained in accordance with
16.19.20.31
NMAC.
(4) A prescription prepared
in accordance with Subsection A of 16.19.20.42 NMAC written for a schedule II
narcotic substance for a patient enrolled in a hospice program certified by
Medicare under title XVIII or licensed by the state may be transmitted by the
practitioner or the practitioner's agent to the dispensing pharmacy by
facsimile. The practitioner or the practitioner's agent will note on the
prescription that the patient is a hospice patient. The facsimile serves as the
original written prescription for purposes of this sub-section and it shall be
maintained in accordance with
16.19.20.31
NMAC.
(5) A pharmacist may dispense
directly a controlled substance listed in schedule III, IV, or V which is a
prescription drug as determined under the New Mexico Drug in the prescription
record, indicating the amount dispensed, if less than the amount called for on
the prescription, the date of refill and the initials of the pharmacist
dispensing the substance.
E A pharmacy employee shall verify the
identity of the patient or the patient's representative who is receiving any
prescription for a controlled substance listed in schedule II, III, IV, or V
before it is released. Acceptable identification means a current state issued
driver's license, including photo, or other current government issued photo
identification of the person presenting said identification. The identification
type (e.g. driver's license, identification card, passport, etc.), number, name
imprinted on that identification, and state must be recorded. Exceptions are, a
new controlled substance prescription filled for a patient known to the
pharmacist or pharmacist intern, whose identification has already been
documented in a manner determined by a written policy developed by the
pharmacist-in-charge; a controlled substance prescription filled for home
delivery; or a controlled substance prescription filled for and delivered to a
licensed facility.
