Utah Admin. Code 156-17b-613

Current through Bulletin 2024-08, April 15, 2024

Section R156-17b-613 - Operating Standards - Issuing Prescription Orders by Electronic Means

In accordance with Rules R156-1 and R156-37, and Subsections 58-17b-102(29), 58-17b-102(30), 58-17b-602(1), prescription orders may be issued by electronic means of communication according to the following standards:

(1) Prescription orders for Schedule II - V controlled substances received by electronic communication shall be handled according to 21 CFR 1304.06 (2021).

(2) Prescription orders for non-controlled substances received by electronic communication may be dispensed by a pharmacist, pharmacy intern, or DMP only if the following conditions are satisfied:

(a) Electronically transmitted prescription orders shall include the following:

(i) information that is required to be contained in a prescription order pursuant to Section 58-17b-602;

(ii) the time and date of the transmission, and if a facsimile transmission, the electronically encoded date, time, and fax number of the sender; and

(iii) the name of the pharmacy intended to receive the transmission.

(b) A prescription order shall be transmitted under the direct supervision of the prescribing practitioner or the prescribing practitioner's designated agent.

(c) The pharmacist or DMP shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription.

(d) A practitioner or the practitioner's agent shall provide voice verification when requested by the pharmacist receiving a medication order.

(e) The pharmacist, pharmacy intern, pharmacy technician at the discretion of the pharmacist on duty, or DMP shall assure that each electronically transferred prescription order is valid and shall authenticate a prescription order issued by a prescribing practitioner that has been transmitted to the dispensing pharmacy before filling it, whenever there is a question.

(f)

(i) A practitioner may authorize an agent to electronically transmit a prescription if the agent's identifying information is on the transmission.

(ii) The practitioner's electronic signature, or other secure method of validation, shall be provided with the electronic prescription.

(3) an electronically transmitted prescription order that meets the requirements of Subsection (2) shall be the original prescription.

(4) This section does not apply to the use of electronic equipment to transmit prescription orders within inpatient medical facilities.

(5) An agreement between a prescribing practitioner and a pharmacy may not require that prescription orders be transmitted by electronic means from the prescribing practitioner only to that pharmacy.

(6) The pharmacist or DMP shall retain a printed copy of an electronic prescription, or a record of an electronic prescription that is readily retrievable and printable, for a minimum of five years. The printed copy shall be of non-fading legibility.

(7) Wholesalers, distributors, manufacturers, pharmacists, and pharmacies may not supply electronic equipment to a prescriber for transmitting prescription orders.

(8) An electronically transmitted prescription order shall be transmitted to the pharmacy of the patient's choice.

(9) Prescription orders electronically transmitted to the pharmacy by the patient may not be filled or dispensed.

(10) A prescription order for a legend drug or controlled substance in Schedule III through V may be transferred up to the maximum refills permitted in accordance with 21 CFR 1306.22 (2021) or by the prescriber by electronic transmission, if:

(a) the pharmacies share a real-time, online database;

(b) the information required to be on the transferred prescription has the same information described in Subsection R156-17b-612(5)(a) through (f); and

(c) pharmacists, pharmacy interns, pharmacy technicians, or pharmacy technician trainees, DMPs, and DMP designees electronically accessing the same prescription drug order records may electronically transfer prescription information if the data processing system has a mechanism to send a message to the transferring pharmacy containing the following information:

(i) the fact that the prescription drug order was transferred;

(ii) the unique identification number of the prescription drug order transferred;

(iii) the name of the pharmacy to which it was transferred; and

(iv) the date and time of the transfer.

Utah Admin. Code R156-17b-613

Amended by Utah State Bulletin Number 2015-6, effective 2/24/2015

Amended by Utah State Bulletin Number 2019-24, effective 11/25/2019

Amended by Utah State Bulletin Number 2022-03, effective 1/27/2022