N.J. Admin. Code § 13:39-9.27

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

Section 13:39-9.27 - Prescriptions and medication orders transmitted by technological devices in an institution

(a) A pharmacist may, subject to the conditions set forth in this section, accept for dispensing a prescription or a medication order transmitted by a facsimile (FAX) machine or other technological device as approved by the Board.

(b) A pharmacist filling prescriptions under an institutional permit for employees of the institution and their dependents and for eligible outpatients may accept for dispensing prescriptions for all substances consistent with the requirements of 13:39-7.10 and 7.11.

(c) A pharmacist who is authorized to fill inpatient medication orders, as defined in 13:39-9.2, in an institutional pharmacy may accept all inpatient medication orders, including orders for Schedule II substances, which have been transmitted by technological device.

(d) Whenever a pharmacist has reason to question the accuracy or authenticity of a prescription or medication order transmitted by technological device, the pharmacist shall verify the transmission directly with the prescribing practitioner.

(e) It shall be deemed professional misconduct for a pharmacist to use a technological device in order to circumvent his or her responsibilities with regard to documenting, authenticating and verifying medication orders and prescriptions or in order to circumvent other standards of pharmacy practice.

(f) No licensee or permit holder registered under 45:14-40 et seq. shall under any circumstances provide a technological device to, or accept a technological device from, any practitioner licensed to write prescriptions.

(g) No licensee or permit holder shall enter into any agreement with an authorized practitioner which denies the patient the right to have his or her prescription transmitted by technological device to a pharmacy of the patient's choice.

N.J. Admin. Code § 13:39-9.27

New Rule, R.1992 d.166, effective 4/6/1992.
See: 23 N.J.R. 2469(a), 24 N.J.R. 1371(a).
Amended by R.1999 d.214, effective 7/19/1999.
See: 31 N.J.R. 1151(a), 31 N.J.R. 1932(a).
In (c), added the last sentence.
Amended by R.2003 d.373, effective 9/15/2003.
See: 34 N.J.R. 3064(a), 35 N.J.R. 4290(a).
In (b), deleted "at a retail pharmacy and a registered pharmacist" preceding "filling prescriptions".
Recodified from N.J.A.C. 13:39-5.8 and amended by R.2005 d.25, effective 1/18/2005.
See: 36 N.J.R. 3345(a), 37 N.J.R. 295(a).
In (b), substituted "eligible outpatients" for "out-patients who are treated by staff members of the institution in their respective clinics, as permitted pursuant to N.J.S.A.45:14-32" following "institution and their dependents and for" in the introductory paragraph and amended the N.J.A.C. reference in 1; in (c), amended the N.J.A.C. reference and inserted "or for direct administration to patients by parental, intravenous, intramuscular, subcutaneous or intraspinal infusion" following "hospice patients". Former N.J.A.C. 13:39-9.27, Institutional decentralized pharmacies, recodified to N.J.A.C. 13:39-9.25.
Amended by R.2010 d.090, effective 6/21/2010.
See: 42 N.J.R. 132(a), 42 N.J.R. 1221(a).
Rewrote (b); in (c), deleted "registered" preceding "pharmacist", and deleted the last sentence; and in (f), updated the N.J.S.A. reference.