201 KAR 2:165. Transfer of prescription

information.

 

      RELATES TO: KRS 217.215(2), 315.191(1)(f)

      STATUTORY AUTHORITY: KRS 217.215(2),

315.191(1)(a), (f)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

315.191(f) authorizes the Board of Pharmacy to promulgate administrative regulations

to control the transfer of prescription drug orders between pharmacists and

pharmacies. This administrative regulation establishes the procedures by which

a prescription may be transferred between pharmacies in the Commonwealth or

between a pharmacy and an establishment located in a state or United States

Territory or District outside the Commonwealth and similarly credentialed as a

pharmacy by that state or U.S. Territory or District for the purpose of

dispensing.

 

      Section 1. (1) The transfer of

prescription information for any noncontrolled substance prescription for the

purpose of refill dispensing may occur if:

      (a) It is orally communicated directly

between two (2) pharmacists in the Commonwealth or between a pharmacist and an individual

located in a state or U.S. Territory or District outside the Commonwealth and

similarly credentialed as a pharmacist by that state or U.S. Territory or District;

      (b) It is made through an on-line

real-time computer system that provides documentation of the presence of a

pharmacist or

an individual located in a state or U.S. Territory or District outside the

Commonwealth and similarly credentialed as a pharmacist by that state or U.S.

Territory or District

when the information is transferred;

      (c) It is made through the use of a

facsimile machine and all the information required by this administrative

regulation is provided to the sending and receiving pharmacist or an individual

located in a state or U.S. Territory or District outside the Commonwealth and

similarly credentialed as a pharmacist by that state or U.S. Territory or

District; or

      (d) It is made through the use of voice

recording technology and all information required by this administrative

regulation is provided to the sending and receiving pharmacist or an individual

located in a state or U.S. Territory or District outside the Commonwealth and

similarly credentialed as a pharmacist by that state or U.S. Territory or District..

      (2) If in the Commonwealth the transferring

pharmacist shall record the following information:

      (a) That the prescription is void;

      (b) The name and address of the pharmacy or the establishment

located in a state or U.S. Territory or District outside the Commonwealth that

is similarly credentialed as a pharmacy by that state or U.S. Territory or

District to

which it was transferred and the name of the pharmacist or the individual

located in a state or U.S. Territory or District outside the Commonwealth that

is similarly credentialed as a pharmacist by that state or U.S. Territory or

District receiving

the prescription information; and

      (c) The date of the transfer and the name

of the pharmacist transferring the information.

      (3) If in the Commonwealth the pharmacist

receiving the transferred prescription shall record the following information:

      (a) That the prescription is a transfer;

      (b) The date of issuance of the original

prescription;

      (c) The refill authorization on the original

prescription;

      (d) The date of original dispensing;

      (e) The refill authorization remaining

and the date of the last refill;

      (f) The name and address of the pharmacy or the establishment

located in a state or U.S. Territory or District outside the Commonwealth that

is similarly credentialed as a pharmacy by that state or U.S. Territory or

District

and the original prescription number from which the prescription was

transferred; and

      (g) The name of the transferor pharmacist

or the

individual located in a state or U.S. Territory or District outside the Commonwealth

that is similarly credentialed as a pharmacist by that state or U.S. Territory

or District.

      (4) Both the original prescription and

the transferred prescription shall be maintained for a period of five (5) years

from the date of the last refill.

      (5) Pharmacies electronically accessing

the same prescription record shall satisfy all information of a manual mode for

a prescription transfer.

 

      Section 2. The transfer of prescription

information for a controlled substance prescription, except a Schedule II

controlled substance, for the purpose of refill dispensing may occur if the

transfer complies with the requirements of 21 C.F.R. 1306.25.

 

      Section 3. Violation of a provision of

this administrative regulation shall constitute unethical or unprofessional

conduct in accordance with KRS 315.121(2)(d), (f), and (g). (9 Ky.R. 1264; eff.

6-1-83; Am. 16 Ky.R. 797; eff. 1-12-90; 25 Ky.R. 1944; 2545; eff. 5-19-99;

1445; 1793; eff. 2-7-2002; 37 Ky.R. 1328; eff. 2-4-2011.)