Ohio Admin. Code 4729:5-3-11 - Transmission of outpatient prescriptions
(A)
Oral transmission
by a prescriber or a prescriber's agent of an original outpatient prescription
authorized by a prescriber shall comply with the requirements of rule
4729:5-5-15 of the
Administrative Code. For any oral outpatient prescription transmitted by an
agent of a prescriber, the prescriber's agent must provide the agent's first
and last name when transmitting the prescription. An oral prescription may be
transmitted by a prescriber or prescriber's agent to a recording device or
voice mail service.
(B)
Original written outpatient prescriptions shall be
authorized and signed by a prescriber, in the same manner as the prescriber
would sign a check or legal document, and may be transmitted by the prescriber
or the prescriber's agent by facsimile machine to a pharmacy.
(1)
The facsimile of
the prescription must include the identification number of the facsimile
machine which is used to transmit the prescription, the full name of the
prescriber and, if applicable, the full name of the prescriber's agent
transmitting the prescription to the pharmacy.
(2)
The prescription
must comply with the requirements of rule
4729:5-5-15 of the
Administrative Code.
(3)
The original prescription signed by the prescriber from
which the facsimile is produced shall not be issued to the patient. The
original prescription signed by the prescriber must remain with the patient's
records at the location where it was issued for three years from the date of
issuance. Following the successful transmission of the prescription, the word
"VOID" or "FAXED" shall be written or stamped on the face of the original
prescription in a manner that does not destroy any of the original information
contained on the prescription.
(4)
Outpatient
prescriptions for schedule II controlled substances may be transmitted by
facsimile in accordance with
21 C.F.R.
1306.11 (5/1/2019) and shall meet the
facsimile requirements of this rule.
(C)
Outpatient
prescriptions may be transmitted by means of an electronic prescription
transmission system that complies with the prescription requirements in rule
4729:5-5-15 of the
Administrative Code.
(1)
An outpatient prescription transmitted by means of an
electronic prescription transmission system shall include the full name of the
prescriber's agent transmitting the prescription.
(2)
A controlled
substance outpatient prescription shall only be transmitted by means of an
electronic prescription transmission system if the system complies with 21 CFR
1311 (5/1/2019).
(3)
Except as provided in paragraphs (C)(4) and (C)(5) of
this rule, no prescriptions may be transmitted by means of an electronic
prescription transmission system that converts the prescription into a
computer-generated fax or scanned image.
(4)
A non-controlled
prescription may be transmitted by means of an electronic prescription
transmission system that converts the prescription into a computer-generated
fax or scanned image if all the following apply:
(a)
The transmission
is conducted by means of a board approved system that meets the prescription
requirements of rule
4729:5-5-15 of the
Administrative Code.
(b)
The prescription transmission system operates within a
closed-system. A
closed system includes any system whereby prescription information is transmitted directly between:
(i)
Any division,
subsidiary, parent or affiliated or related company under common ownership and
control; or
(ii)
One or more contracted entities. Contracted means
having a written agreement (to include business associate agreements) between
one or more prescribers and a pharmacy and shall not include a third-party
intermediary unless otherwise approved by the board.
(5)
A
non-controlled prescription may be converted into a computer-generated fax by a
board approved third-party intermediary only if the conversion is necessitated
by a temporary telecommunication outage of the third-party intermediary or
receiving pharmacy.
Notes
Promulgated Under: 119.03
Statutory Authority: 4729.26, 3719.28
Rule Amplifies: 3719.05, 4729.38, 4729.39, 4729.37, 4729.281, 4729.01, 3719.06
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.