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 from pharmacist to pharmacist 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;

      (b) It is made through an on-line real-time computer system that provides documentation of the presence of a pharmacist when the information is transferred; or

      (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.

      (2) The transferring pharmacist shall record the following information:

      (a) That the prescription is void;

      (b) The name and address of the pharmacy to which it was transferred and the name of the pharmacist receiving the prescription information; and

      (c) The date of the transfer and the name of the pharmacist transferring the information.

      (3) 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 pharmacy's name and address and the original prescription number from which the prescription was transferred; and

      (g) The name of the transferor pharmacist.

      (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 CFR 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.)