N.J. Admin. Code § 13:39-7.10

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:39-7.10 - Prescriptions transmitted by facsimile

(a) A pharmacist may accept for dispensing a facsimile prescription, consistent with the requirements of this section. For purposes of this section, "facsimile prescription" means a prescription which is transmitted by a device which sends an exact image to the receiver.

(b) A pharmacist shall not fill a facsimile prescription transmitted by anyone other than a practitioner authorized to prescribe medications pursuant to N.J.S.A. 45:14-40, or the prescribing practitioner's authorized agent.

(c) The facsimile machine used to receive prescriptions shall be located within the pharmacy prescription area.

(d) A facsimile prescription shall contain all information required to be included on a written prescription pursuant to New Jersey State Board of Medical Examiners rule N.J.A.C. 13:35-7.2(d), except that an NJPB shall not be required for the prescription.

(e) The facsimile transmission of the prescription shall contain the following:

1. The identification number of the facsimile machine which is used to transmit the prescription;

2. The date and time of the prescription transmission;

3. The name, address, telephone number and facsimile number of the pharmacy; and

4. If an authorized agent transmits the facsimile prescription, the full name and title of the transmitting agent.

(f) A pharmacist shall seek verbal verification of a facsimile prescription from the prescribing practitioner whenever the pharmacist has reason to question the authenticity, accuracy or appropriateness of the prescription. A pharmacist may accept verbal verification regarding the authenticity or legibility of a facsimile prescription from a prescribing practitioner's authorized agent. A pharmacist shall not fill a facsimile prescription where there is a question regarding authenticity, accuracy or appropriateness if such verification is not provided.

(g) A pharmacist shall retain a printed copy of a facsimile prescription, or an electronic reproduction of the facsimile prescription that is readily retrievable and printable, for a minimum of five years. The printed copy shall be of non-fading legibility.

(h) A pharmacist may fill a prescription for a Schedule II controlled substance transmitted by facsimile provided that the original signed prescription is presented to the pharmacist prior to the dispensing of the controlled substance, except as provided in (h)1, 2 and 3 below.

1. A prescription for a Schedule II narcotic substance prescribed for pain management to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription and shall be maintained pursuant to the requirements of (g) above.

2. A prescription for a Schedule II substance prescribed for pain management for a resident of a long-term care facility may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The facsimile shall serve as the original written prescription and shall be maintained pursuant to the requirements of (g) above.

3. A prescription for a Schedule II narcotic substance prescribed for pain management for a patient receiving services from a hospice certified by Medicare under Title XVIII or licensed by the State may be transmitted by the practitioner or the practitioner's agent to the dispensing pharmacy by facsimile. The practitioner or the practitioner's agent shall note on the facsimile prescription that the patient is a hospice patient. The facsimile shall serve as the original written prescription and shall be maintained pursuant to the requirements of (g) above.

(i) A pharmacist may fill a prescription for a Schedule III, IV or V controlled substance transmitted by facsimile consistent with the requirements of this section. The facsimile prescription shall serve as the original written prescription.

(j) A pharmacist shall not enter into any agreement with a prescribing practitioner that requires that facsimile prescriptions be transmitted to a particular pharmacy or in any way denies a patient the right to have his or her prescription transmitted by facsimile to a pharmacy of the patient's choice.

(k) Nothing in this section shall be construed to preclude the facsimile transfer of information between pharmacies for purposes of transferring prescriptions pursuant to N.J.A.C. 13:39-7.8.

(l) A pharmacist shall not use a technological device in order to circumvent his or her responsibilities with regard to verifying the validity of prescriptions or in order to circumvent other standards of pharmacy practice.

N.J. Admin. Code § 13:39-7.10

New Rule, R.2003 d.373, effective 9/15/2003.
See: 34 N.J.R. 3064(a), 35 N.J.R. 4290(a).
Administrative correction.
See: 35 N.J.R. 4724(a).
Recodified from N.J.A.C. 13:39-5.8A by R.2005 d.25, effective 1/18/2005.
See: 36 N.J.R. 3345(a), 37 N.J.R. 295(a).
Former N.J.A.C. 13:39-7.10, Return of prescription medication, recodified to N.J.A.C. 13:39-7.16.
Amended by R.2010 d.090, effective 6/21/2010.
See: 42 N.J.R. 132(a), 42 N.J.R. 1221(a).
In (b), updated the N.J.S.A. reference; in (g), deleted "pursuant to N.J.S.A. 45:14-15" following "five years"; and added (k) and ( l).