N.J. Admin. Code § 13:35-7.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:35-7.4 - Facsimile transmitted prescriptions

(a) A practitioner, acting within his or her scope of lawful practice and after an examination of the patient's condition, consistent with the requirements of 13:35-7.1A, may transmit, or have an authorized agent transmit, a facsimile prescription to a pharmacy which has been approved by a patient, a patient's guardian, or a patient's authorized representative, consistent with the requirements of this section. For purposes of this section, "facsimile prescription" means a prescription issued by the practitioner which is transmitted by a device which sends an exact image to the receiver.

(b) A practitioner shall comply with all requirements set forth in this subchapter, and shall ensure that all information required to be included on a written prescription pursuant to 13:35-7.2(d) is provided on each facsimile prescription, except that an NJPB shall not be required for the prescription.

(c) The transmission of a facsimile prescription shall contain the following:

1. The identification number of the facsimile machine which is used to transmit the prescription to the pharmacy;

2. The time and date of the transmission of the prescription;

3. The name, address, telephone number and facsimile number of the pharmacy to which the prescription is being transmitted; and

4. If an authorized agent transmits the facsimile prescription, the full name and title of the transmitting agent.

(d) A practitioner shall provide verbal verification of the facsimile prescription upon request of the pharmacy when the pharmacist has a question regarding the authenticity, accuracy or appropriateness of the prescription. A practitioner's authorized agent may provide verbal verification of the facsimile prescription to the pharmacy when the pharmacist has a question regarding the authenticity or legibility of the prescription.

(e) A practitioner or his or her authorized agent may transmit a facsimile prescription to a pharmacy for a Schedule II controlled substance, provided that the patient is given the original signed NJPB which is presented to the pharmacist prior to the dispensing of the controlled substance, except as provided in (e)1, 2 and 3 below:

1. A prescription for a Schedule II narcotic substance prescribed for pain management to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription.

2. A prescription for a Schedule II substance prescribed for pain management 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 shall serve as the original written prescription.

3. A prescription for a Schedule II narcotic substance prescribed for pain management for a patient receiving services from a hospice 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 shall note on the facsimile prescription that the patient is a hospice patient. The facsimile shall serve as the original written prescription.

(f) A practitioner or his or her authorized agent may transmit a facsimile prescription to a pharmacy for a Schedule III, IV, or V controlled substance consistent with the requirements of this section. The facsimile shall serve as the original written prescription.

(g) If a facsimile prescription is provided for a Schedule II substance prescribed for pain management to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion, or for a resident of a long term care facility, or for a patient receiving services from a hospice certified by Medicare under Title XVIII or licensed by the State, or for a Schedule III, IV or V controlled substance, the practitioner shall not provide the patient, the patient's guardian, or the patient's authorized representative with the original written prescription.

(h) A practitioner shall not enter into any agreement with a pharmacy that requires facsimile prescriptions be transmitted to that particular pharmacy or in any way denies a patient the right to have his or her prescription transmitted by facsimile to a pharmacy of the patient's choice.

N.J. Admin. Code § 13:35-7.4

New Rule, R.2003 d.372, effective 9/15/2003.
See: 34 New Jersey Register 3059(a), 35 New Jersey Register 4287(a).