Ohio Admin. Code 4729:5-5-11 - Prescription copy
(A)
An outpatient
pharmacy may send or receive copies of prescriptions in accordance with the
following:
(1)
Copies of prescriptions shall be transferred only between
pharmacists, except as follows:
(a)
Pharmacy interns in accordance with paragraph (G) of
this rule; and
(b)
Certified pharmacy technicians in accordance with rule
4729:3-3-04 of the
Administrative Code.
(2)
Copies of
prescriptions for controlled substances shall be communicated directly between
two pharmacists and, except as provided in paragraph (A)(3) of this rule, shall
be transferred only one time.
(3)
Pharmacies
electronically sharing a real time, online database may transfer a controlled
substance prescription up to the maximum number of refills permitted by law and
the prescriber's authorization.
(4)
The copy
transferred shall be an exact duplicate of the original prescription, except
that it shall also include the following:
(a)
Serial
prescription number assigned to the prescription;
(b)
Name, address
and, if a controlled substance prescription, the drug enforcement
administration (D.E.A.) registration number of the pharmacy transferring the
copy;
(c)
Date of issuance of the prescription;
(d)
Date of last
refill;
(e)
Number of valid refills or quantity remaining;
and
(f)
The full name of the transferring pharmacist or, if
transferred by a pharmacy intern or certified pharmacy technician, the full
name of the transferring pharmacy intern or certified pharmacy technician and
the pharmacist on duty who is supervising the activity of the intern or
technician.
(5)
A pharmacist transferring a copy of a controlled
substance prescription shall:
(a)
Write the word "VOID" on the face of the invalidated
prescription in a manner that does not destroy any of the original information
contained on the prescription; for electronic prescriptions, information that
the prescription has been transferred must be added to the prescription
record.
(b)
Record on the reverse of the invalidated prescription
the name, address, and the D.E.A. registration number of the pharmacy to which
it was transferred and the first and last name of the pharmacist receiving the
prescription information; for electronic prescriptions, such information must
be added to the prescription record.
(c)
Record the date
of the transfer and the name of the pharmacist transferring the
information.
(d)
Ensure copies of controlled substance prescriptions may
only be transferred if the prescription record in the system is invalidated to
prevent further dispensing at the original pharmacy.
(6)
A pharmacist,
pharmacy intern, or certified pharmacy technician transferring a copy of a
non-controlled substance prescription shall:
(a)
Utilize a manual
or electronic method for invalidating the prescription to prevent further
dispensing at the original pharmacy.
(b)
Record the name
and address of the pharmacy to which it was transferred.
(c)
If transferred
orally, the first and last name of the pharmacist or authorized pharmacy
personnel receiving the prescription information.
(d)
Record the date
of the transfer and the name of the pharmacist, pharmacy intern, or certified
pharmacy technician transferring the information.
(7)
A pharmacist,
pharmacy intern, or certified pharmacy technician receiving a copy of a
prescription must comply with the following:
(a)
Exercise
reasonable diligence to determine the validity of the copy.
(b)
Transcribe an
oral prescription by recording all the information transferred.
The oral prescription shall include all information required in paragraph (A)(4) of this rule and the pharmacist, pharmacy intern, or certified pharmacy technician shall write the word "transfer" on the face of the prescription or indicate the prescription was transferred within a computerized record keeping system.
(c)
Record
date of transfer on the face of the prescription or within a computerized
record keeping system.
(d)
Prior to dispensing, positive identification of the
receiving pharmacist shall be recorded to identify who is responsible for the
receipt of the copy. For pharmacy interns, positive identification shall be
documented in accordance with paragraph (G)(5) of this rule. For certified
pharmacy technicians, positive identification shall be documented in accordance
with rule
4729:3-3-04 of the
Administrative Code.
(B)
A prescription
copy may be transferred electronically between pharmacies if the pharmacies are
accessing the same prescription records in a centralized database or the
pharmacies' computers are linked in any other manner. The computer systems must
be able to comply with the requirements of paragraphs (A)(4) and (A)(5) (d) of
this rule. This shall include invalidation of the prescription record in the
system to prevent further dispensing at the original pharmacy and, if a
controlled substance prescription, the canceling of the original written
prescription as required in paragraphs (A)(5)(a) and (A)(5)(b) of this
rule.
(C)
A prescription copy may be transferred by the use of a
facsimile machine. A facsimile shall be considered a copy of the prescription
if it meets the requirements of paragraph (A) of this rule, including
invalidation of the original prescription. Facsimile copies must be recorded in
writing pursuant to section
4729.37 of the Revised Code or
stored in such a manner that will allow retention of the prescription record
for three years from the date of the last transaction.
(D)
Information on a
prescription is the property of the patient and is intended to authorize the
dispensing of a specific amount of medication for use by the patient.
(1)
If the pharmacy
is not able to provide the medication when needed by the patient pursuant to an
authorized refill, the pharmacy shall, upon the request of the patient or
patient's caregiver, transfer the prescription information to a pharmacy
designated by the patient.
(2)
Unless otherwise
prohibited by law, no pharmacy shall refuse to transfer information about a
prescription to another pharmacy when requested by the patient or patient's
caregiver. Prescription information shall be transferred in accordance with
this rule as soon as possible to ensure that the patient's drug therapy is not
interrupted.
(3)
A prescription may only be transferred upon the request
or consent of the patient or patient's caregiver.
(E)
Prescriptions
entered into a computer system but not dispensed shall be transferred to
another pharmacy, at the request of the patient or patient's caregiver, if all
of the following conditions are met:
(1)
The complete
prescription information has been entered into the computer
system.
(2)
The information is displayed on the patient's
profile.
(3)
There is positive identification of the individual
responsible for entering the prescription information into the system and the
pharmacist responsible for verification of the information entered into the
system.
(4)
The original prescription is filed in accordance with
rule 4729:5-5-03 of the
Administrative Code.
(5)
The prescription is assigned a prescription
number.
(6)
All requirements of this rule are met for the transfer
of the prescription.
(7)
The transfer is conducted in accordance with all state
and federal laws, rules and regulations.
(8)
A pharmacist may
transfer an unfilled electronic prescription for a controlled substance to
another pharmacist in accordance regulations or policies adopted by the United
States drug enforcement administration.
(F)
Transfer of
prescription information between two pharmacies which are accessing the same
real time, online database pursuant to the operation of a licensed central fill
pharmacy shall not be considered a prescription copy and, therefore, is not
subject to the requirements of this rule.
(G)
A licensed
pharmacy intern may send or receive copies of prescriptions in accordance with
the following:
(1)
The pharmacist on duty who is supervising the activity
of the intern determines if the intern is competent to send or receive a
prescription copy.
(2)
The pharmacist on duty who is supervising the activity
of the intern is responsible for the accuracy of a prescription copy that is
sent or received by an intern.
(3)
The pharmacist on
duty must be immediately available to answer questions or discuss the
prescription copy that is sent or received by an intern.
(4)
The pharmacist or
intern receiving a prescription copy from an intern must document the full
names of the sending intern and the intern's supervising
pharmacist.
(5)
The intern receiving a prescription copy shall
immediately transcribe the prescription and shall review the prescription with
the pharmacist on duty. Prior to dispensing, positive identification of the
intern and the supervising pharmacist on duty shall be recorded to identify who
is responsible for the receipt of the copy.
(6)
The pharmacist or
intern sending a prescription copy to an intern must document the full names of
the receiving intern and the pharmacist on duty.
(7)
The intern shall
not send or receive a prescription copy for a controlled
substance.
(8)
The intern and the pharmacist on duty shall comply with
all the requirements of this rule.
Replaces: 4729-5-24
Notes
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26
Rule Amplifies: 3719.05, 4729.37
Prior Effective Dates: 10/01/1971, 08/01/1994, 07/01/1990, 07/01/1992, 07/17/1997, 07/01/1997, 02/01/1998, 03/01/1999, 03/31/2000, 02/01/2002, 02/01/2003, 02/01/2005, 04/27/2007, 01/01/2010, 01/01/2011, 06/16/2011, 05/22/2014, 01/15/2016
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