N.M. Admin. Code § 16.19.20.42 - PRESCRIPTION REQUIREMENTS
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.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.