Ga. Comp. R. & Regs. R. 480-27-.04 - Use of Facsimile Machine to Transmit or Recieve Prescription Drug Order

(1) All prescription drug orders sent via facsimile or other electronic means must meet the requirements of O.C.G.A. § 26-4-80 and Chapter 480-22 of the Board Rules and the requirements for electronically transmitted prescriptions or drug orders.

(2) All persons engaged in the practice of pharmacy in this state, which includes accepting or receiving a prescription drug order, must be licensed by the Board.

(3) All dangerous drugs and controlled substances must be dispensed pursuant only to a valid prescription drug order. A pharmacist shall not dispense a prescription drug order which the pharmacist knows or should know is not a valid prescription drug order.

(4) A prescription drug order may be accepted by a licensed pharmacist, a pharmacy intern or extern, acting under the direct supervision of a registered pharmacist, in written form, orally, via facsimile, or electronically as set forth in O.C.G.A. § 26-4-80 and the Rules of the Board. Provisions for accepting a prescription drug order for a schedule II controlled substance are set forth in Chapter 480-22.

(5) Prescription drug orders transmitted either electronically or via facsimile shall include the following requirements:

(a) Electronically transmitted prescription drug orders shall be transmitted directly by the prescribing practitioner or indirectly utilizing intervening electronic formatters as permitted under Georgia law, except in the case of a prescription drug order sent via facsimile equipment by the practitioner or the practitioner's agent acting under the direct supervision of the practitioner, to the pharmacy of the patient's choice with no other intervening person or intermediary having access to or retaining information contained in the prescription drug order. No patient or agent for a patient may transmit a prescription drug order to a pharmacy.

(b) Prescription drug orders transmitted or received by facsimile or other electronic means shall include:

1. In the case of a prescription drug order for a dangerous drug, the complete name, address and telephone number of the prescribing practitioner;

2. In the case of a prescription drug order for a controlled substance when authorized by federal law, the complete name, address, telephone number, and DEA registration number of the prescribing practitioner;

3. The complete name and address of the patient;

4. The time and date of transmission;

5. The complete name of the person transmitting the prescription drug order and a telephone number for verbal confirmation; and

6. The NPI for the prescriber as assigned under federal law; and

7. The practitioner's signature in the manner required in 480-27-.02(2).

(c) An electronically transmitted prescription drug order which meets the requirements of this Chapter shall be deemed sufficient to serve as the original prescription drug order for the pharmacy;

(d) Electronically generated prescriptions may be transmitted directly or indirectly thru one or more Intervening Electronic Formatters to a pharmacy's computer or other similar electronic device;

(e) Intervening electronic formatters not compliant with the requirements of this chapter will be considered an invalid source and are prohibited;

(f) Electronically generated prescriptions as e-mails directly from the prescriber to a pharmacy of the patient's choice shall be encrypted and accompanied by a digital ID for authentication purposes. The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of prescriptions consistent with federal and state statutes and regulations. In the absence of unusual circumstances requiring further inquiry, the pharmacy and each of its associated pharmacists is entitled to rely on the accuracy and authenticity of electronically transmitted prescriptions. E-mail prescriptions should comply with the following:

1. E-mails shall be reduced to hard copy and maintained as a prescription order record and maintained as required by rules and statute for all other prescription orders; and

2. The prescription may not be for a controlled substance unless allowed by federal law.

(6) The pharmacist or pharmacy intern or extern acting under the direct supervision of a licensed pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription drug order consistent with Federal and State Laws and rules and regulations adopted pursuant to same.

(7) A prescription drug order electronically transmitted from a prescriber or a prescriber's agent acting under the direct supervision of the prescriber, shall be considered a highly confidential transaction and said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever except by an intervening electronic formatter as permitted by law and these rules.

(8) Any pharmacist or pharmacy intern or extern acting under the direct supervision of a licensed pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription drug order and any information contained therein.

(9) The Board may provide exceptions to this Rule by establishing policies for institutional settings such as hospital pharmacies, nursing home pharmacies, outpatient clinic pharmacies, opioid treatment program clinic pharmacies, or pharmacies owned and operated directly by health maintenance organizations.

(10) Receiving computers or other similar electronic devices used to view the prescription shall be located within the pharmacy or pharmacy department with only authorized personnel having access.

(11) Transmission of prescriptions to answering machines and electronic voice recording devices by an authorized practitioner or approved agent shall be retrieved by a licensed pharmacist, intern, or extern and is considered to be a direct transmission of a prescription order.

Notes

Ga. Comp. R. & Regs. R. 480-27-.04

O.C.G.A. Secs. 16-13-41, 16-13-72, 26-4-5, 26-4-27, 26-4-28, 26-4-37, 26-4-40, 26-4-78, 26-4-80, 26-4-82, 26-4-83, 43-34-26.1.

Original Rule entitled "Automated Data Processing Systems" adopted. F. Nov. 26, 1986; eff. Dec. 16, 1986. Amended: F. July 31, 1992; eff. August 20, 1992. Amended: F. July 8, 1996; eff. July 28, 1996. Repealed: New Rule entitled "Use of Facsimile Machine or Other Electronic Means to Transmit or Receive Prescription Drug Orders" adopted. F. July 24, 2002; eff. August 13, 2002. Repealed: New Rule of same title adopted. F. Aug. 18, 2006; eff. Sept. 7, 2006. Amended: Rule retitled "Use of Facsimile Machine to Transmit or Receive Prescription Drug Orders". F. Jan. 23, 2009; eff. Feb. 12, 2009.