21 NCAC 46 .1813. TRANSMISSION OF PRESCRIPTION ORDERS

(a)  Prescription orders may be transmitted by using a facsimile machine ("FAX") or by other electronic transmission from a prescriber to a pharmacy.  "Electronic transmission" means transmission of the digital representation of information by way of electronic equipment.

(b)  All prescription drug orders transmitted by FAX or by electronic transmission shall:

(1)           be transmitted directly to a pharmacist or certified technician in a pharmacy of the patient's choice with no intervening person altering the content of the prescription drug order;

(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;

(3)           be transmitted by an authorized practitioner or his designated agent and contain either a written signature or an electronic signature unique to the practitioner;

(4)           be deemed the original prescription drug order, provided it meets all requirements of federal and state laws and regulations; and

(5)           if a refill order, contain all information required for original prescription orders except for the prescriber's signature.

(c)  The prescribing practitioner may authorize his agent to transmit by FAX or by electronic transmission a prescription drug order to a pharmacist or certified technician in a pharmacy provided that the identity of the transmitting agent is included in the order.

(d)  The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of a prescription drug order transmitted by FAX or by electronic transmission consistent with federal and state laws and regulations.

(e)  All equipment for receipt of prescription drug orders by FAX or by electronic transmission shall be maintained so as to ensure against unauthorized access.

(f) Prescriptions may be transferred by FAX or by electronic transmission if all the requirements of Rule .1806 of this Section are met.

(g)  No agreement between a prescriber and a pharmacy or device and medical equipment permit holder shall require that prescription orders be transmitted by FAX or by electronic transmission from the prescriber to only that pharmacy or device and medical equipment permit holder.

 

History Note:        Authority G.S. 90-85.6; 90-85.32;

Eff. August 1, 1998;

Amended Eff. March 1, 2004.