Kan. Admin. Regs. § 68-2-22 - Electronic transmission of a prescription
(a) Each prescription drug order transmitted
electronically shall be issued for a legitimate medical purpose by a prescriber
acting within the course of legitimate professional practice.
(b) Each prescription drug order communicated
by way of electronic transmission shall meet these requirements:
(1) Be transmitted to a pharmacist in a
licensed pharmacy of the patient's choice, exactly as transmitted by the
prescriber;
(2) identify the
transmitter's phone number for verbal confirmation, the time and date of
transmission, and the identity of the pharmacy intended to receive the
transmission, as well as any other information required by federal and state
laws and regulations;
(3) be
transmitted by an authorized prescriber or the prescriber's designated agent;
and
(4) be deemed the original
prescription drug order, if the order meets the requirements of this
regulation.
(c) Any
prescriber may authorize an agent to communicate a prescription drug order
orally or electronically to a pharmacist in a licensed pharmacy if the identity
of the transmitting agent is included in the order.
(d) Each pharmacist shall exercise
professional judgment regarding the accuracy, validity, and authenticity of the
prescription drug order communicated by way of electronic transmission,
consistent with existing federal and state laws and regulations.
(e) All electronic equipment for receipt of
prescription drug orders communicated by way of electronic transmission shall
be maintained so as to ensure against unauthorized access.
(f) Persons other than those bound by a
confidentiality agreement shall not have access to pharmacy records containing
confidential information or personally identifiable information concerning the
pharmacy's patients.
(g) If
communicated by electronic transmission, the prescription drug order shall be
maintained in hard copy or as an electronic document for the time required by
existing federal or state laws and regulations, whichever is longer.
(h) Any prescription drug order, including
that for any controlled substance listed in schedules II, III, IV, and V, may
be communicated by way of electronic transmission, if all requirements of
K.A.R. 68-20-10a are met.
(i) After
the pharmacist views the prescription drug order, this order shall be
immediately reduced to a hard copy or an electronic document and shall contain
all information required by federal and state laws and regulations.
(j) Each electronic prescription drug order
created and transmitted in conformance with 21 C.F.R. part 1311 shall be
considered an original, written, signed prescription drug order.
Notes
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