4729-5-24 Prescription copy.

(A) A pharmacist may transfer a copy of a prescription; a pharmacist may refill a copy of a prescription; such actions must be in accordance with the following:

(1) Copies of prescriptions shall be transferred only between pharmacists except as provided in paragraph (G) of this rule; copies of prescriptions for controlled substances pursuant to sections 3719.41 , 3719.43 , and 3719.44 of the Revised Code shall be communicated directly between two pharmacists and shall be transferred only one time. However, pharmacies electronically sharing a real time, online database may transfer a controlled substance prescription up to the maximum number of refills permitted by law and the prescriber's authorization pursuant to paragraph (A)(4) of this rule.

(2) The copy transferred shall be an exact duplicate of the original prescription except that it shall also include:

(a) Serial prescription number assigned to the prescription;

(b) Name and address (and "D.E.A." number for controlled substance prescriptions) of the pharmacy transferring the copy;

(c) Date of issuance of the prescription;

(d) Date of original dispensing of the prescription;

(e) Original number of refills;

(f) Date of last refill;

(g) Number of valid refills remaining; and

(h) The full name of the transferring pharmacist.

(3) Copies transferred for nonrefillable prescriptions shall be marked on the face of the prescription or orally noted by the transferring pharmacist "For Information Purposes Only" and are not valid prescriptions for the dispensing of drugs.

(4) The pharmacist transferring a copy of a prescription must:

(a) Cancel the original prescription by writing the word "void" on the face of the prescription in such a way as to avoid destroying any of the original information contained on the prescription;

(b) Record on the reverse side of the original written prescription:

(i) The date of transfer;

(ii) His/her signature; and

(iii) The name and address (and "D.E.A." number for controlled substance prescriptions) of the pharmacy receiving the prescription and the full name of the pharmacist receiving the prescription.

(c) Except, if an alternate record keeping system is being used pursuant to rule 4729-5-27 of the Administrative Code, copies of prescriptions may be transferred by a pharmacist if the prescription record in the system is invalidated to prevent further dispensing at the original site. The prescription record in the system must contain the date of transfer, full name of pharmacist making transfer, full name of pharmacist receiving the prescription, and the name and address of the pharmacy receiving the copy. Also, original written prescriptions for controlled substances must be canceled as required in paragraphs (A)(4)(a) and (A)(4)(b) of this rule.

(5) The pharmacist receiving a copy of a prescription must:

(a) Exercise reasonable diligence to determine validity of the copy;

(b) Reduce an oral prescription to writing by recording all of the information transferred (must include all information required in paragraph (A)(2) of this rule) and write the word "transfer" on the face of the prescription;

(c) Record date of transfer on the face of the prescription.

(B) A prescription copy may be transferred between two pharmacies if the two pharmacies are accessing the same prescription records in a centralized database or pharmacy computers linked in any other manner. The computerized systems must satisfy all information requirements of paragraphs (A)(2) and (A)(4)(c) of this rule. This shall include invalidation of the prescription record in the system to prevent further dispensing at the original site and, if a controlled substance prescription, the canceling of the original written prescription as required in paragraphs (A)(4)(a) and (A)(4)(b) of this rule. A system must be in place that will allow only authorized access to these computerized prescription records by a pharmacist and indicate on the prescription record when and by whom such access was made.

(C) A prescription copy may be transferred between two pharmacists by the use of a facsimile machine. This facsimile may be considered to be a copy of a prescription if all information requirements of paragraph (A) of this rule, including invalidation of the original prescription or computer records, are met. A system must be in place that will show on the facsimile positive identification of the transferring and receiving pharmacists which must become a part of the prescription record. Facsimile copies must be recorded in writing pursuant to section 4729.37 of the Revised Code, or stored in such a manner that will allow retention of the prescription record for three years from the date of the last transaction.

(D) Information on a prescription is the property of the patient and is intended to authorize the dispensing of a specific amount of medication for use by the patient. Original copies of prescriptions shall be maintained by pharmacies for the purpose of documenting the dispensing of drugs to a particular patient.

(1) In the event that the pharmacy is not able to provide the medication when needed by the patient pursuant to an authorized refill, the pharmacist shall, upon the request of the patient, transfer the prescription information to the pharmacy designated by the patient.

(2) No pharmacy shall refuse to transfer information about a previously dispensed prescription to another pharmacy when requested by the patient. Prescription information shall be transferred in accordance with this rule as soon as possible in order to assure that the patient's drug therapy is not interrupted.

(E) Prescriptions entered into a computer system but not dispensed may be transferred to another pharmacy if all of the following conditions are met:

(1) The complete prescription information has been entered into the computer system;

(2) The information is displayed on the patient's profile;

(3) There is positive identification, either in the computer system or on the hard copy prescription, of the pharmacist who is responsible for entering the prescription information into the system;

(4) The original prescription is filed in accordance with rule 4729-5-09 of the Administrative Code;

(5) All requirements of this rule are met for the transfer of the prescription.

(F) Transfer of prescription information between two pharmacies which are accessing the same real time, online database pursuant to the operation of a board approved central filling operation shall not be considered a prescription copy and, therefore, is not subject to the requirements of this rule.

(G) A licensed pharmacy intern may send or receive copies of prescriptions pursuant to the following:

(1) The pharmacist on duty who is supervising the activity of the intern will determine if the intern is competent to send or receive a prescription copy.

(2) The pharmacist on duty who is supervising the activity of the intern is responsible for the accuracy of a prescription copy that is sent or received by an intern.

(3) The supervising pharmacist must be immediately available to answer questions or discuss the prescription copy that is sent or received by an intern.

(4) The intern may not send or receive a prescription copy for a controlled substance.

(5) The pharmacist or intern receiving a prescription copy from an intern must document the full names of the sending intern and his/her supervising pharmacist. The receiving intern shall immediately reduce the prescription copy to writing and shall review the prescription with the supervising pharmacist. Prior to dispensing, positive identification of the intern and the supervising pharmacist shall be made on the prescription to identify the responsibility for the receipt of the copy.

(6) The pharmacist or intern sending a prescription copy to an intern must document the full names of the receiving intern and his/her supervising pharmacist. There must be documented positive identification of the sending intern and his/her supervising pharmacist who authorized the transfer of the prescription copy.

(7) The approved intern and the supervising pharmacist must meet all the requirements of this rule.

Effective: 06/16/2011
R.C. 119.032 review dates: 03/24/2011 and 12/31/2015
Promulgated Under: 119.03
Statutory Authority: 3719.28 , 4729.26
Rule Amplifies: 3719.05 , 4729.37
Prior Effective Dates: 10/1/1971, 8/1/1984, 7/1/1990, 7/1/1992, 1/17/1997, 7/1/1997, 2/1/1998, 3/1/1999, 3/31/2000, 2/1/2002, 2/1/2003, 2/1/2005, 4/27/2007, 1/1/2010, 1/1/2011