Utah Admin. Code R156-17b-612 - Operating Standards - Prescriptions
In accordance with Subsection 58-17b-601(1), the following shall apply to prescriptions:
(1) Prescription orders for controlled
substances including prescription transfers shall be handled in accordance with
21
CFR 1306.25 (2021).
(2) A prescription issued by an authorized
licensed practitioner, if verbally communicated by an agent of that
practitioner upon that practitioner's specific instruction and authorization,
may be accepted by a pharmacist, pharmacy intern, or DMP.
(3) A prescription issued by a licensed
prescribing practitioner, if electronically communicated by an agent of that
practitioner, upon that practitioner's specific instruction and authorization,
may be accepted by a pharmacist, pharmacy intern, pharmacy technician, pharmacy
technician trainee, DMP, or DMP designee.
(4) In accordance with Sections
58-17b-609 and
58-17b-611, prescription files,
including refill information, shall be maintained for a minimum of five years
and shall be immediately retrievable in written or electronic format.
(5) In accordance with Section
58-17b-604, prescriptions for
legend drugs having a remaining authorization for refill may be transferred by
the pharmacist, pharmacy intern, pharmacy technician, at the discretion of the
pharmacist on duty, or DMP at the pharmacy holding the prescription to a
pharmacist, pharmacy intern, pharmacy technician, or DMP at another pharmacy
upon the authorization of the patient to whom the prescription was issued or
electronically as authorized under Subsection
R156-17b-613(9).
The transferring pharmacist, pharmacy intern, or DMP and receiving pharmacist,
pharmacy intern, or DMP shall act diligently to ensure that the total number of
authorized refills is not exceeded. The following additional terms apply to
such a transfer:
(a) the transfer shall be
communicated directly between pharmacists, pharmacy interns, pharmacy
technicians or DMPs or as authorized under Subsection
R156-17b-613(9);
(b) both the original and the transferred
prescription drug orders shall be maintained for a period of five years from
the date of the last refill;
(c)
the pharmacist, pharmacy intern, or DMP transferring the prescription drug
order shall void the prescription electronically or write void or transfer on
the face of the invalidated prescription manually;
(d) the pharmacist, pharmacy intern, or DMP
receiving the transferred prescription drug order shall:
(i) indicate on the prescription record that
the prescription was transferred electronically or manually; and
(ii) record on the transferred prescription
drug order the following information:
(A)
original date of issuance and date of dispensing or receipt, if different from
date of issuance;
(B) original
prescription number and the number of refills authorized on the original
prescription drug order;
(C) number
of valid refills remaining and the date of last refill, if
applicable;
(D) the name and
address of the pharmacy and the name of the pharmacist, pharmacy intern,
pharmacy technician, or DMP to whom such prescription is transferred;
and
(E) the name of the pharmacist,
pharmacy intern, or DMP transferring the prescription drug order
information;
(e) the data processing system shall have a
mechanism to prohibit the transfer or refilling of legend drugs or controlled
substance prescription drug orders that have been previously transferred;
and
(f) a pharmacist, pharmacy
intern, pharmacy technician, or DMP may not refuse to transfer original
prescription information to another pharmacist, pharmacy intern, pharmacy
technician, or DMP who is acting on behalf of a patient and who is making a
request for this information as specified in Subsection (12) of this
section.
(6)
Prescriptions for terminal patients in licensed hospices, home health agencies
or nursing homes may be partially filled if the patient has a medical diagnosis
documenting a terminal illness and may not need the full prescription
amount.
(7) Refills may be
dispensed only in accordance with the prescriber's authorization as indicated
on the original prescription drug order.
(8) If there are no refill instructions on
the original prescription drug order, or if refills authorized on the original
prescription drug order have been dispensed, authorization from the prescribing
practitioner shall be obtained prior to dispensing any refills.
(9) Refills of prescription drug orders for
legend drugs may not be refilled after one year from the date of issuance of
the original prescription drug order without obtaining authorization from the
prescribing practitioner prior to dispensing any additional quantities of the
drug.
(10) Refills of prescription
drug orders for controlled substances shall be done in accordance with
Subsection
58-37-6(7)(f).
(11) A pharmacist or DMP may exercise
professional judgment in refilling a prescription drug order for a drug, other
than a Schedule II controlled substance, without the authorization of the
prescribing practitioner, if:
(a) the
quantity of prescription drug dispensed does not exceed a 72-hour supply,
unless the packaging is in a great quantity;
(b) failure to refill the prescription might
result in an interruption of a therapeutic regimen or create patient
suffering;
(c) either:
(i) a natural or manmade disaster has
occurred that prohibits the pharmacist or DMP from being able to contact the
practitioner; or
(ii) the
pharmacist or DMP is unable to contact the practitioner after a reasonable
effort, with the effort documented and the documentation available to the
Division upon request;
(d) if the prescription was originally filled
at another pharmacy:
(i) the patient has the
prescription container label, receipt, or other documentation from the other
pharmacy that contains the essential information; and
(ii) after a reasonable effort, the
pharmacist or DMP is unable to contact the other pharmacy to transfer the
remaining prescription refills or there are no refills remaining on the
prescription; and
(e)
the pharmacist or DMP:
(i) informs the
patient or patient's agent at the time of dispensing that the refill is being
provided without practitioner authorization, and that authorization is required
for future refills;
(ii) informs
the practitioner of the emergency refill at the earliest reasonable
time;
(iii) maintains a record of
the emergency refill containing the information required to be maintained on a
prescription as specified in this subsection; and
(iv) affixes a label to the dispensing
container as specified in Section
58-17b-602.
(12) The address specified in
Subsection
58-17b-602(1)(b)
shall be a physical address, not a post office box.
(13) In accordance with Subsection
58-37-6(7)(e), a
prescription may not be written, issued, filled, or dispensed for a Schedule I
controlled substance unless:
(a) the person
who writes the prescription is licensed to prescribe Schedule I controlled
substances; and
(b) the prescribed
controlled substance is to be used in research.
(14) A pharmacist or pharmacy intern may
dispense an emergency refill prescription for a drug a patient is currently
using and on file with the pharmacy, other than a controlled substance, without
the prescribing practitioner's authorization if they are not available
promptly, in accordance with Section
58-17b-608, for:
(a) a 30 day supply with the prescribing
practitioners instructions; or
(b)
the quantity last dispensed at the pharmacy pursuant to the prescription as
either a fill or a refill.
Notes
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