N.J. Admin. Code § 13:37-7.9B

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:37-7.9B - Electronically transmitted prescriptions

(a) An advanced practice nurse may transmit, or have an authorized agent transmit, an electronic prescription to a pharmacy that 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, "electronic prescription" means a prescription that is transmitted by a computer or other electronic data processing device in a secure manner, including computer-to-computer and computer-to-facsimile transmissions.

(b) An advanced practice nurse shall comply with all requirements set forth in N.J. A.C. 13:37-7.9 and shall ensure that all information required to be included on a written prescription pursuant to N.J.A.C. 13:37-7.9(d) is provided in each electronic prescription, except that a handwritten original signature shall not be required for the prescription.

(c) An advanced practice nurse's electronic signature, or other secure method of validation, shall be provided with the electronic prescription.

(d) To maintain confidentiality of electronic prescriptions, the advanced practice nurse shall ensure that the electronic system used to transmit the electronic prescription has adequate security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of such records, and shall include, at a minimum, electronic encryption.

(e) An advanced practice nurse may authorize an agent to electronically transmit a prescription, provided that the full name and title of the transmitting agent is included on the transmission, and provided that the advanced practice nurse's agent does not sign the electronic prescription.

(f) An advanced practice nurse shall provide verbal verification of an electronic prescription upon request of the pharmacy when the pharmacist has a question regarding the authenticity, accuracy, or appropriateness of the prescription. An advanced practice nurse's authorized agent may provide verbal verification of the electronic prescription to the pharmacy when the pharmacist has a question regarding the authenticity or legibility of the prescription.

(g) An advanced practice nurse or the advanced practice nurse's authorized agent may transmit an electronic prescription to a pharmacy for a Schedule II controlled substance, provided that the original signed prescription is presented to the pharmacist prior to the dispensing of the controlled substance. If permitted by Federal law, and in accordance with Federal requirements, the electronic prescription shall serve as the original signed prescription and the advanced practice nurse shall not provide the patient, the patient's guardian, or the patient's authorized representative with a signed, written prescription.

(h) An advanced practice nurse or the advanced practice nurse's authorized agent may transmit an electronic prescription to a pharmacy for a Schedule III, IV, or V controlled substance, provided that the original signed prescription for presentation at the pharmacy, an oral prescription, or a facsimile prescription is provided. If permitted by Federal law, and in accordance with Federal requirements, the electronic prescription shall serve as the original signed prescription and the advanced practice nurse shall not provide the patient, the patient's guardian, or the patient's authorized representative with a signed, written prescription.

(i) An advanced practice nurse shall not enter into any agreement with a pharmacy that requires that electronic prescriptions be transmitted to a particular pharmacy or in any way denies a patient the right to have his or her prescription transmitted electronically to a pharmacy of the patient's choice.

N.J. Admin. Code § 13:37-7.9B

Adopted by 52 N.J.R. 896(b), effective 4/20/2020