Section 61-04-05-02 - Electronic transmission of prescriptionsThe terms "electronic", "electronic record", "electronic signature", and "security procedure" have the meaning ascribed to them in North Dakota Century Code chapter 9-16-01.
A prescription order may be transmitted electronically from an authorized prescribing practitioner to a pharmacy under the following provisions:
1. Actual transmittal is done by or under the supervision of the authorized prescribing practitioner or the practitioner's authorized agent. 2. Practitioners or their authorized agents transmitting medication orders using electronic equipment are obligated to provide voice verification when requested by the pharmacist receiving the medication order. If requested voice verification is refused, the electronically transmitted prescription may not be filled. 3. Pharmacists are precluded from supplying or leasing facsimile equipment, or computer hardware or software, to prescribing practitioners, hospitals, nursing homes, or any medical provider or facility. 4. Using facsimile equipment or other electronic transmission to circumvent documentation, authenticity, verification, or other standards of pharmacy practice or drug diversion will be considered unprofessional conduct under 61-04-04. 5. The board of pharmacy recognizes that the electronic transmission of prescriptions will depend on the type of pharmaceutical services offered, and therefore, variations of the requirements for electronic transmission of prescriptions may be granted by the state board of pharmacy. 6. A third-party intermediary may be used to facilitate transmission of the prescription order as long as the intent of the prescriber is not changed and procedures are in place to protect patient confidentiality. N.D. Admin Code 61-04-05-02
Effective January 1, 2005.General Authority: NDCC 28-32-02, 43-15-10(9)(12)(14)
Law Implemented: NDCC 28-32-03, 43-15-10(9)(12)(14)