Current through Register Vol. XLI, No. 50, December 13, 2024
Section 15-1-17 - Manner of Issuance of a Prescription17.1. A prescription to be valid, shall be issued for a legitimate medical purpose by a practitioner acting within the course of legitimate professional practice, and shall bear the preprinted, stamped, typed, or manually printed name, address and telephone number of the prescribing practitioner. If it is a prescription for a controlled substance listed in Schedules II through V, then it shall also contain the prescriber's DEA registration number, including any suffix. The National Provider Identification (NPI) number shall be required on all valid prescriptions beginning January 1, 2012.17.1.1. A pharmacist shall receive the communication of a prescription. A pharmacist may accept a prescription, including that for a controlled substance listed in Schedules II through V, that is communicated in written form or by E-prescribing. A pharmacist may accept a prescription, including that for a controlled substance listed in Schedules III through V, and, in certain situations, that for a controlled substance listed in Schedule II, that is communicated orally (including telephone voice communication) or by way of electronic transmission other than E-prescribing.17.1.2. If communicated orally or by way of electronic transmission other than E-prescribing, the pharmacist shall immediately reduce the prescription to a form that may be maintained for the time period required by any applicable federal and State of West Virginia laws and rules.17.1.3. A prescription blank for a controlled substance shall not contain the preprinted name of a controlled substance or the written, typed or rubber-stamped name of a controlled substance until the prescription blank is signed, dated and issued to a patient.17.1.4. A prescription for a Schedule II controlled substance may be communicated orally or by way of electronic transmission other than E-prescribing only in the following situations and with the following restrictions. Otherwise, a prescription for a Schedule II controlled substance shall be communicated in written form or by E-prescribing.17.1.4.a. A prescription for a Schedule II controlled substance may be communicated by the practitioner or the practitioner's agent by way of electronic transmission, provided the original written prescription, signed by the practitioner, is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except the hard copy of the electronic transmission may serve as the original, written prescription in the following instances: 17.1.4.a.1. the prescription for a Schedule II narcotic substance is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion;17.1.4.a.2. the prescription for a Schedule II controlled substance is for a resident of a Long Term Care Facility; or17.1.4.a.3. the prescription for a Schedule II controlled substance is for a patient under the care of a hospice certified by Medicare or licensed by the state. The practitioner or Practitioner's agent shall note on the prescription that the patient is a hospice patient.17.1.6. In the case of an emergency situation, a prescription for a Schedule II controlled substance may be communicated by the practitioner orally or by way of electronic transmission, provided that if the prescribing practitioner is not known to the pharmacist, he or she shall make a reasonable effort to determine that the oral authorization came from a registered practitioner, which may include a callback to the practitioner using the practitioner's phone number as listed in the telephone directory and other good faith efforts to insure his identity; and: 17.1.6.a. the quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period (dispensing beyond the emergency period must be pursuant to a written prescription signed by the prescribing practitioner);17.1.6.b. the orally communicated prescription is immediately reduced to writing by the pharmacist, or, if necessary, the prescription communicated by way of electronic transmission is immediately reduced to a hard copy;17.1.6.c. within seven (7) days after authorizing an emergency oral prescription, the practitioner has a written prescription for the emergency quantity prescribed delivered to the dispensing pharmacist. The prescription shall have written on its face "Authorization for Emergency Dispensing" and the date of the orally or electronically transmitted prescription. The written prescription may be delivered to the pharmacist in person or by mail, but if delivered by mail, it must be postmarked within the seven (7) day period. Upon receipt, the dispensing pharmacist shall attach this written prescription to the emergency oral prescription which had earlier been reduced to writing or to the hard copy of the electronically transmitted prescription. The pharmacist shall notify the nearest office of the U.S. Drug Enforcement Administration if the prescribing practitioner fails to deliver a written prescription.17.1.7. A prescribing practitioner may authorize his or her agent to communicate a prescription orally or by way of electronic transmission either directly or through an electronic data intermediary to a pharmacist in a licensed pharmacy, provided: 17.1.7.a. the identity of the transmitting agent is included in the order;17.1.7.b. the prescription is transmitted either directly or through an electronic data intermediary to a pharmacist in a licensed pharmacy of the patient's choice with no unauthorized person having access to the prescription;17.1.7.c. the prescription identifies the transmitter's phone number for verbal confirmation, the time and date of transmission, and the identity of the pharmacy intended to receive the transmission, as well as any other information required by federal or state law;17.1.7.d. the pharmacist exercises professional judgment regarding the accuracy, validity, and authenticity of the prescription communicated by way of electronic transmission; and17.1.7.e. all electronic equipment for receipt of prescriptions communicated by way of electronic transmission is maintained so as to ensure against unauthorized access.17.1.8 Electronic Data Intermediaries.17.1.8.a. Electronic data intermediaries may transmit electronic prescriptions, prescription refill authorization requests, communications, and other patient care information using a secure infrastructure between an authorized prescribing practitioner and a pharmacy of the patient's choice.17.1.8.b. Electronic data intermediaries shall meet the following requirements for electronically transmitted prescription orders, refill authorization requests, communications and other transmitted patient care information: 17.1.8.b.1. Maintain the confidentiality and security of transmitted information as required by applicable federal and state laws.17.1.8.b.2. Transmit prescriptions to the pharmacy of the patient's choice.17.1.8.b.3. Maintain the integrity, privacy, and security of archived copies of the electronic information related to the transmissions as required by applicable state and federal laws, including maintaining them as confidential information.