W. Va. Code R. § 15-1-8

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 15-1-8 - Transferring Prescription Orders Between Pharmacies

8.1. The pharmacist or pharmacy intern shall, upon the request of the patient, transfer the prescription information to the pharmacy designated by the patient. Pharmacy interns are prohibited from transferring controlled substances.

8.2. The transfer of original prescription order information is permissible between pharmacies if the transfer is communicated directly between pharmacists or pharmacy interns, and the following occurs:

8.2.1. The transferring pharmacist or pharmacy intern:

8.2.1.a. Writes the word "VOID" on the face of the original prescription order; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record;

8.2.1.b. Records on the reverse of the original prescription the name, address, and Drug Enforcement Administration (DEA) registry number of the pharmacy to which the prescription was transferred and the name of the pharmacist or pharmacy intern receiving the prescription information; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record; and

8.2.1.c. Records the date and time of the transfer and his or her first and last name;

8.2.2. The pharmacist or pharmacy intern receiving the transferred prescription order information:

8.2.2.a. Writes the word "TRANSFER" on the face of the transferred prescription; and

8.2.2.b. Provides all the information required to be on a prescription and includes:

8.2.2.b.1. Date of issuance of the original prescription;

8.2.2.b.2. Number of refills on the original prescription;

8.2.2.b.3. The date the original prescription was dispensed;

8.2.2.b.4. The number of valid refills remaining and date of last refill;

8.2.2.b.5. The pharmacy's name, address, DEA registry number and the original prescription number from which the prescription was transferred; and

8.2.2.b.6. The first and last name of the transferring pharmacist or pharmacy intern;

8.2.3. A pharmacist or pharmacy intern may give a copy of a prescription clearly marked "For Information Only" to a patient; and

8.2.4. A computer record may be used if it reflects the fact that the original prescription order has been voided and shall contain all the other information required in this subsection.

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

8.4. Information on a prescription is the property of the patient and is intended to authorize the dispensing of a specific amount of medication for the use by the patient. Pharmacies shall maintain original and transferred prescription drug orders for a period of five (5) years from the date of the last refill; maintained on-site for a period of twelve (12) months from last of last refill, and available within seventy-two (72) hours of request if date of last refill is between one (1) and five (5) years.

8.5. Pharmacies accessing a common electronic file or database used to maintain required dispensing information are not required to transfer prescription drug orders or information for dispensing purposes between or among pharmacies participating in the same common prescription file. Provided, the common electronic file or database shall contain complete records of each prescription drug order and refill dispensed, and the system shall have the capability at the pharmacy refilling the prescription drug order or at the pharmacy where the prescription is transferred to generate a hard copy record of each prescription drug order transferred or accessed for purposes of refilling.

W. Va. Code R. § 15-1-8