Chapter 480-27 REQUIREMENTS OF A PRESCRIPTION DRUG ORDER WHEN UTILIZING A COMPUTER OR OTHER ELECTRONIC MEANS
For purposes of these Rules and Regulations, the following
definitions apply:
| (a) |
Authentication.
Any process by which the identities of the parties sending and receiving
electronic prescription data are verified. |
| (b) |
Automated Electronic Data Processing
System. A system utilizing computer software and hardware for the purpose of
record-keeping and/or receiving prescription drug orders. Any and all such
systems that are compatible and capable of interacting with, and electronically
transferring prescription drug data with any other system must be in compliance
with the rules of the Board for use in electronic prescription
monitoring. |
| (c) |
Board. The Georgia
State Board of Pharmacy. |
| (d) |
Computer. Programmable electronic device capable of multifunctions including
but not limited to storage, retrieval and processing of information. |
| (e) |
Controlled Substances. Those drug items
regulated by federal law and/or the Georgia Controlled Substances
Act. |
| (f) |
Dangerous Drugs. Those
drug items and devices regulated by the Georgia Dangerous Drug Act. |
| (g) |
Digital ID. An authenticated identifiable
signature than can be attached to an electronic e-mail and is tamper
proof. |
| (h) |
Downtime. That period of
time when a computer is not operable. |
| (i) |
Electronic Means. An electronic device
used to send, receive, and/or store prescription drug order information,
including computers, facsimile machines, etc. |
| (j) |
Electronic Signature. An electronically
reproduced visual image signature or an electronic data signature of a
practitioner, which appears on, is attached to or is logically associated with
an electronic prescription drug order. |
| (k) |
Facsimile. A hard copy prescription drug
order sent via a facsimile machine. |
| (l) |
Hard Copy. A fileable prescription drug
order which is written or printed via electronic means. |
| (m) |
Hardware. The fixed component parts of a
computer. |
| (n) |
HIPPA. The Health
Insurance and Portability and Accountability Act and the associated security
standards for the protection of electronic protected health
information. |
| (o) |
Intervening
Electronic Formatter. An entity that is not prohibited under O.C.G.A. Section
26-4-80(c)(1) and (5), and that provides the infrastructure
that connects a computer or automated electronic data processing system or
other electronic device used by a prescribing practitioner with a computer or
automated electronic data processing system or another electronic device used
by the pharmacy to facilitate the secure transmission of:
| 1. |
An electronic prescription drug
order; |
| 2. |
A refill authorization
request; |
| 4. |
Other patient care
information between a practitioner and pharmacy. |
|
| (p) |
NPI. National Provider Standard
Identifier. |
| (q) |
Practitioner Drug
Order. A drug order written in an institutional practice/setting in a patient's
chart for a specific patient. It is not necessary to reduce to writing as
required for a prescription drug order. |
| (r) |
Prescriber. A practitioner authorized to
prescribe and acting within the scope of this authorization. |
| (s) |
Prescription Drug Order. A lawful order
from a practitioner, acting within the scope of his or her license to practice,
for a drug or device for a specific patient. Such order includes a written
order from the practitioner, a telephone order reduced to writing by the
pharmacist, and electronic image prescription drug order and an electronic data
prescription drug order. |
| (t) |
Print-out. A hard copy document generated by computer or other electronic means
that is readable without the aid of any special device. |
| (u) |
Regulatory Agency. Any federal or state
agency charged with enforcement of pharmacy or drug laws and regulations, i.e.,
the Georgia Drugs and Narcotics Agency (GDNA), the Drug Enforcement
Administration (DEA), or the Georgia Department of Medical Assistance
(Medicaid). |
| (v) |
Security Paper.
Paper with security features on which the electronic visual image prescription
drug order of a practitioner is printed and presented to a patient so as to
ensure that a prescription drug order is not subject to any form of copying,
reproduction, or alteration, and may include a watermark produced by the
electronic digital process when a prescription is printed that clearly shows if
a prescription has been reproduced or copied in an unauthorized manner. Such
security paper shall include, at a minimum, but not limited to, the following
security features:
| 1. |
A latent, repetitive
pattern shall be visible across the entire front of the prescription blank if
the prescription is scanned or photocopied; and |
| 2. |
A chemical void protection that prevents
alteration by chemical washing. |
|
| (w) |
Software. Programs, procedures and
systems for receipt and/or storage of required information data. |
| (x) |
Stop Date. In institutional settings, the
practitioner normally indicates on his/her drug order, the length of time to
administer the medication. In absence of such a notation, a committee will have
determined by policy, the length of time to administer the medication by
category. |
| (1) |
Prescription drug orders shall include,
but not be limited to, the following information:
| (b) |
Name and address of patient (or patient
location if in an institution): |
| (c) |
Name and address of prescriber, telephone number, and NPI as assigned under
federal law; |
| (d) |
DEA registration
number of the prescriber in the case of controlled substances; |
| (e) |
Name, strength, dosage form and quantity
of drug prescribed; |
| (f) |
Number of
authorized refills; |
| (g) |
Directions
for use by patient; |
| (h) |
If a
written prescription drug order, the signature of the prescribing practitioner;
and |
| (i) |
Any cautionary statements
as may be required or necessary. |
|
| (2) |
Electronically transmitted prescription
drug orders shall contain all information required for written prescriptions
above and required by state and federal law including the prescriber's name,
address, and phone number, except the signature may be an electronic signature
as provided below and the electronically transmitted prescription must include
the time and date of transmission.
| (a) |
Electronically transmitted prescription drug orders transmitted from the
practitioner and received by a pharmacy via facsimile must contain either an
electronically reproduced visual image signature or original signature of the
practitioner. |
| (b) |
Electronically
generated prescription drug orders transmitted from the practitioner and
received by a pharmacy as e-mails must contain an electronic data signature of
the practitioner. |
| (c) |
All
electronic prescription drug orders generated by a practitioner containing an
electronically reproduced visual image signature or an electronic data
signature must bear wording that appears on the face of the prescription which
indicates the signature was electronically generated. |
|
| (3) |
The pharmacist shall exercise
professional judgment regarding the accuracy and authenticity of prescriptions
consistent with federal and state statutes and regulations. In the absence of
unusual circumstances requiring further inquiry, the pharmacy and each of its
associated pharmacists are entitled to rely on the accuracy and authenticity of
electronically transmitted prescriptions from an intervening electronic for
matter that comply with this rule. |
| (4) |
An electronic visual image prescription
drug order that bears an electronic reproduction of the visual image of the
practitioner's signature and is given directly to the patient must be printed
on security paper with the wording that indicates the signature was
electronically generated.
| (a) |
Every hard copy
prescription drug order for any Schedule II controlled substance written in
this state by a practitioner shall be written on security paper. If a hard copy
of an electronic data prescription drug order for any Schedule II controlled
substance is given directly to the patient, the manually signed hard copy
prescription drug order must be on security paper. |
|
| (5) |
Pharmacies are prohibited from receiving
electronic data from intervening electronic for matters that do not meet all of
the following requirements:
| (a) |
Utilize
recognized encrypted technology and secure servers. |
| (b) |
Maintain HIPAA compliance. |
| (c) |
Maintain a combination of technical and
administrative security measures, such as, but not limited to those listed in
Security Standards for the Protection of Electronic Protected Health
Information (HIPAA), to ensure a reasonable and appropriate level of:
| 1. |
Practitioner and dispenser
authentication; |
| 2. |
Content
integrity; and |
|
| (d) |
Refrain from collecting and disseminating patient and/or prescriber data to
sources other than the originating prescriber and the receiving
pharmacy. |
|
Records of dispensing for original and refill prescriptions are
to be made and kept by pharmacies for two years and shall include, but not be
limited to:
| (a) |
Quantities
dispensed; |
| (c) |
Serial number (or
equivalent if an institution); |
| (d) |
The identification of the pharmacist responsible for dispensing; |
| (e) |
Documentation of satisfaction of state
requirements for drug product selection; |
| (f) |
Records of refills to date to include
date(s) of refills, and identification of pharmacist(s) dispensing
refills. |
| (1) |
All prescription drug orders sent via facsimile or other electronic means must
meet the requirements of O.C.G.A. § 26-4-80 and Chapter 480-22 of the
Board Rules and the requirements for electronically transmitted prescriptions
or drug orders. |
| (2) |
All persons
engaged in the practice of pharmacy in this state, which includes accepting or
receiving a prescription drug order, must be licensed by the Board. |
| (3) |
All dangerous drugs and controlled
substances must be dispensed pursuant only to a valid prescription drug order.
A pharmacist shall not dispense a prescription drug order which the pharmacist
knows or should know is not a valid prescription drug order. |
| (4) |
A prescription drug order may be accepted
by a licensed pharmacist, a pharmacy intern or extern, acting under the direct
supervision of a registered pharmacist, in written form, orally, via facsimile,
or electronically as set forth in O.C.G.A. § 26-4-80 and the Rules of the
Board. Provisions for accepting a prescription drug order for a schedule II
controlled substance are set forth in Chapter 480-22. |
| (5) |
Prescription drug orders transmitted
either electronically or via facsimile shall include the following
requirements:
| (a) |
Electronically transmitted
prescription drug orders shall be transmitted directly by the prescribing
practitioner or indirectly utilizing intervening electronic formatters as
permitted under Georgia law, except in the case of a prescription drug order
sent via facsimile equipment by the practitioner or the practitioner's agent
acting under the direct supervision of the practitioner, to the pharmacy of the
patient's choice with no other intervening person or intermediary having access
to or retaining information contained in the prescription drug order. No
patient or agent for a patient may transmit a prescription drug order to a
pharmacy. |
| (b) |
Prescription drug
orders transmitted or received by facsimile or other electronic means shall
include:
| 1. |
In the case of a prescription
drug order for a dangerous drug, the complete name, address and telephone
number of the prescribing practitioner; |
| 2. |
In the case of a prescription drug order
for a controlled substance when authorized by federal law, the complete name,
address, telephone number, and DEA registration number of the prescribing
practitioner; |
| 3. |
The complete name
and address of the patient; |
| 4. |
The
time and date of transmission; |
| 5. |
The complete name of the person transmitting the prescription drug order and a
telephone number for verbal confirmation; and |
| 6. |
The NPI for the prescriber as assigned
under federal law; and |
|
| (c) |
An electronically transmitted
prescription drug order which meets the requirements of this Chapter shall be
deemed sufficient to serve as the original prescription drug order for the
pharmacy; |
| (d) |
Electronically
generated prescriptions may be transmitted directly or indirectly thru one or
more Intervening Electronic Formatters to a pharmacy's computer or other
similar electronic device; |
| (e) |
Intervening electronic formatters not compliant with the requirements of this
chapter will be considered an invalid source and are prohibited; |
| (f) |
Electronically generated prescriptions as
e-mails directly from the prescriber to a pharmacy of the patient's choice
shall be encrypted and accompanied by a digital ID for authentication purposes.
The pharmacist shall exercise professional judgment regarding the accuracy and
authenticity of prescriptions consistent with federal and state statutes and
regulations. In the absence of unusual circumstances requiring further inquiry,
the pharmacy and each of its associated pharmacists is entitled to rely on the
accuracy and authenticity of electronically transmitted prescriptions. E-mail
prescriptions should comply with the following:
| 1. |
E-mails shall be reduced to hard copy and
maintained as a prescription order record and maintained as required by rules
and statute for all other prescription orders; and |
| 2. |
The prescription may not be for a
controlled substance unless allowed by federal law. |
|
|
| (6) |
The pharmacist or pharmacy
intern or extern acting under the direct supervision of a licensed pharmacist
shall exercise professional judgment regarding the accuracy and authenticity of
the transmitted prescription drug order consistent with Federal and State Laws
and rules and regulations adopted pursuant to same. |
| (7) |
A prescription drug order electronically
transmitted from a prescriber or a prescriber's agent acting under the direct
supervision of the prescriber, shall be considered a highly confidential
transaction and said transmission shall not be compromised by interventions,
control, change, altering, or manipulation by any other person or party in any
manner whatsoever except by an intervening electronic formatter as permitted by
law and these rules. |
| (8) |
Any
pharmacist or pharmacy intern or extern acting under the direct supervision of
a licensed pharmacist that transmits, receives, or maintains any prescription
or prescription refill either orally, in writing, or electronically shall
ensure the security, integrity, and confidentiality of the prescription drug
order and any information contained therein. |
| (9) |
The Board may provide exceptions to this
Rule by establishing policies for institutional settings such as hospital
pharmacies, nursing home pharmacies, outpatient clinic pharmacies, opioid
treatment program clinic pharmacies, or pharmacies owned and operated directly
by health maintenance organizations. |
| (10) |
Receiving computers or other similar
electronic devices used to view the prescription shall be located within the
pharmacy or pharmacy department with only authorized personnel having
access. |
| (11) |
Transmission of
prescriptions to answering machines and electronic voice recording devices by
an authorized practitioner or approved agent shall be retrieved by a licensed
pharmacist, intern, or extern and is considered to be a direct transmission of
a prescription order. |
In order to comply with the record keeping requirements of this
Chapter, an automated electronic data processing system may be utilized for the
record keeping system if the following conditions have been met:
| (a) |
Except as otherwise provided herein, all
original prescriptions, those hard copies written by a practitioner, telephoned
to the pharmacist by a practitioner and reduced to writing, or sent via
facsimile machine or other electronic means must be retained as a permanent
record for two years in the usual consecutively serial numbered prescription
file. Any refill information subsequently authorized by a practitioner must be
maintained in the manner required by O.C.G.A. § 26-4-80(e). |
| (b) |
The system shall at a minimum produce
sight-readable records for all dangerous drug and controlled substance
prescriptions filled or refilled during each 24 hour period. The term
"sight-readable" means that a representative of the Board or GDNA shall be able
to immediately retrieve and examine the record and read the information during
any on-site visit to the pharmacy. For purposes of off-site audits and review,
a separate copy of any sight-readable hard-copy printout or electronic readable
file (such as a PDF file) of each daily record shall be made available to a
representative of the Board of GDNA upon verbal request by that representative.
These daily prescription records can:
| 1. |
Be
generated as hard-copy print-outs at least once weekly, separated into each 24
hour period, by the pharmacy and maintained for at least two years after the
last date on which the prescription was filled or refilled. If a hard-copy
printout of each day's filled and refilled prescription is generated, that
printout shall be verified, dated, and signed by the individual pharmacist who
refilled such a prescription order. The individual pharmacist must verify that
the data indicated are correct and then sign this document in the same manner
as he would sign a check or legal document (e.g., J.H. Smith, or John H.
Smith). This document shall be maintained in a separate file at that pharmacy
for a period of two years from the dispensing date; or |
| 2. |
Be maintained electronically. The
computers on which the records are maintained may be located at another
location, but the records must be immediately retrievable as hard-copy
print-outs or viewing on a computer monitor set aside for such viewing at each
individually registered pharmacy upon a verbal request by a representative from
the Board or GDNA. The computer software must be capable of printing out or
transferring the prescription records in a format that is readily
understandable to the representative for the Board or GDNA at the registered
location. Prescription records must also be sortable and retrievable by
prescriber name, patient name, drug dispensed, and date filled. When utilizing
electronic daily prescription fill and refill records, each pharmacy shall
maintain a bound log book, or separate file, in which each individual
pharmacist involved in such dispensing shall sign a statement each day,
attesting to the fact that the prescription information entered by him or her
into the computer that day has been reviewed by him or her and is correct as
shown. Such a book or file must be maintained at the pharmacy employing such
software for a period of two years after the date of dispensing the
appropriately authorized refill. |
|
| (c) |
The information maintained by the
automated electronic data processing system shall include, but not be limited
to the following:
| 5. |
Drug name, strength and
dosage form; |
| 6. |
Quantity
prescribed, and if the quantity dispensed is different from the quantity
prescribed, the quantity dispensed; |
| 8. |
Identification of dispensing
pharmacist; |
| 9. |
Indication whether
drugs are being dispensed pursuant to a new prescription or for a refill
order; |
| 10. |
In case of a controlled
substance as allowed by federal law, the name, address and DEA registration of
the practitioner and the schedule of the drug; |
| 11. |
Directions for administration of the
prescription to the patient; |
| 12. |
Total number of refills authorized; and |
| 13. |
NPI of the prescriber as assigned under
federal law. |
|
| (d) |
Permanent records of electronic prescriptions for dangerous drugs and
controlled substances do not have to be reduced to hard copy provided the
following requirements are met:
| 1. |
Electronic
prescription data must be maintained in the original format received for a
minimum of two years; and |
| 2. |
Reliable backup copies of the information are readily retrievable and stored in
a secure and fireproof (minimum 1 hr UL approved) container, stored in a
secured offsite location or backed up to a documented offsite secure storage
device within 48 hours following each work day. |
|
| (e) |
The individual pharmacist responsible for
completeness and accuracy of the entries to the system must provide
documentation that prescription information entered into the computer is
correct, by dating and signing the print-out in the same manner as signing a
check or legal document (e.g., Mary A. Smith or M. A. Smith). |
| (f) |
An auxiliary record-keeping system shall
be established for the documentation of filling new prescriptions, refills, and
transfers if the automated electronic data processing system is inoperative for
any reason. The auxiliary system shall insure that all refills are authorized
by the original prescription and that the maximum number of refills is not
exceeded. When this automated electronic data processing system is restored to
operation, the information regarding prescriptions filled and refilled during
the inoperative period shall be entered into the automated electronic data
processing system as soon as possible. However, nothing in this section shall
preclude the pharmacist from using his/her professional judgment for the
benefit of a patient's health and safety. |
| (g) |
Any pharmacy using an automated
electronic data processing system must comply with all applicable State and
Federal laws and regulations. |
| (h) |
A
pharmacy shall make arrangements with the supplier of data processing services
or materials to insure that the pharmacy continues to have adequate and
complete prescription and dispensing records if the relationship with such
supplier terminates for any reason. A pharmacy shall insure continuity in the
maintenance of records. |
The computerized information provided by the system shall be
used only by the pharmacy in which the data has been entered or a pharmacy
sharing a common database. To maintain the confidentiality of patients'
prescriptions, there must exist adequate safeguards or security of the
records.
A pharmacy utilizing an automated electronic data processing
system must satisfy all the information requirements as that used in a manual
mode when transferring an original dangerous drug prescription drug order. The
transfer of original prescription drug information for the purpose of refill
dispensing is permissible between pharmacies subject to the following
requirements:
| (a) |
The prescription
drug order is transmitted directly to the pharmacy of the patient's
choice. |
| (b) |
The transfer is
communicated directly between licensed pharmacists or licensed interns or
externs under the direct supervision of a licensed pharmacist and the
transferring pharmacist or intern or extern records the following information:
| 1. |
The word "VOID" is written on the face of
the invalidated prescription drug order, and/or indicate in the pharmacy's
electronic data system this prescription is void; |
| 2. |
Record on the reverse of the invalidated
prescription drug order the name and address of the pharmacy to which it was
transferred and the name of the pharmacist or intern or extern under the direct
supervision of a licensed pharmacist receiving the prescription drug order
information, or have the electronic data system reflect the fact that the
prescription drug order has been transferred, the name and address of the
pharmacy to which it was transferred and the name of the pharmacist or intern
or extern under the direct supervision of a licensed pharmacist to which it was
transferred, and the date of the transfer; and |
| 3. |
Record the date of the transfer and the
name of the pharmacist or intern or extern under direct supervision of a
licensed pharmacist transferring the information. |
|
| (c) |
The pharmacist or intern or extern under
the direct supervision of a licensed pharmacist receiving the transferred
prescription drug order shall reduce to writing, or cause the computer to
reduce to writing, the following information which shall be filed as required
by O.C.G.A. Title 16, Chapter 13 and Title 25, Chapter 4:
| 1. |
The word "TRANSFER" shall be written on
the face of the transferred prescription and/or indicate in the pharmacy's
electronic data system this prescription was a transfer; |
| 2. |
All information required to be included on
the prescription drug order pursuant to all State and Federal laws and
regulations shall be provided which shall include at a minimum the following:
| (i) |
Date of issuance of the original
prescription drug order; |
| (ii) |
Original number of refills authorized on the original prescription drug
order; |
| (iii) |
Date of original
dispensing; |
| (iv) |
Number of valid
refills remaining and date of last refill; |
| (v) |
The pharmacy's name, address, and
original prescription serial number from which the prescription drug order
information was transferred; and |
| (vi) |
Name of transferring
pharmacist. |
|
| 3. |
Both the
original and transferred prescription must be maintained for a period of two
years from the date of last refill. |
|
| (d) |
Pharmacies accessing a common electronic
file or database used to maintain required dispensing information are not
required to record on the original hard copy prescription drug order any
information when transferring or refilling prescription drug orders as required
for pharmacies not utilizing a common electronic file as noted in this Chapter.
However, a hard copy of the prescription drug order must be generated and
maintained by the pharmacist refilling or receiving the electronically
transferred prescription drug order information. The common database must
contain complete records of each prescription drug order transferred. |
Pharmacies utilizing automated data processing systems must
satisfy all information requirements of a manual mode for prescription
transferal. The transfer of original prescription information for a controlled
substance list in Schedules III, IV or V for the purpose of refill dispensing
is permissible between pharmacies on a one-time basis only. Transfers are
subject to the following requirements:
| (a) |
The transfer is communicated directly
between licensed pharmacists or intern or extern under the direct supervision
of a licensed pharmacist, and the transferring pharmacist or intern or extern
records the following information:
| 1. |
The
word "VOID" is written on the face of the invalidated prescription drug
order; |
| 2. |
Record on the reverse
side of the invalidated prescription drug order the name and address of the
pharmacy to which it was transferred and the name of the pharmacist or intern
or extern receiving the prescription drug order; |
| 3. |
The date of the transfer and the name of
the pharmacist or intern or extern transferring the information is
recorded; |
| 4. |
The computer record
shall reflect the fact that the prescription drug order has been transferred,
the name of the pharmacy to which it was transferred, and the date of the
transfer, except as otherwise set forth in this Chapter relating to pharmacies
utilizing common databases. |
|
| (b) |
The pharmacist or intern or extern
receiving the transferred prescription information shall reduce to writing the
following:
| 1. |
The word "TRANSFER" is written
on the face of the transferred prescription drug order; |
| 2. |
All information required to be on a
prescription drug order pursuant to State and Federal laws and regulations
shall be provided to the receiving pharmacist which shall include at a minimum
the following:
| (i) |
Date of issuance of the
original prescription drug order; |
| (ii) |
Original number of refills authorized on
the original prescription drug order; |
| (iii) |
Date of original dispensing; |
| (iv) |
Number of valid refills remaining and
date of last refill; |
| (v) |
Pharmacy's
name, address, DEA registration number, telephone number and original
prescription drug order serial number from which the prescription information
was transferred; |
| (vi) |
Name of
transferring pharmacist or intern or extern. |
|
|
| (c) |
Both the original and transferred
prescription drug order must be maintained for a period of two years from the
date of last refill. |
| (d) |
Pharmacies
accessing a common electronic file or database used to maintain required
dispensing information are not required to record on the original prescription
drug order any information when transferring or refilling prescription drug
orders as required for pharmacies not utilizing a common electronic file as
noted in this Chapter. A hard copy of the prescription drug order must be
generated and maintained by the pharmacist refilling the electronically
transferred prescription drug order. The common database must contain complete
records of each prescription drug order transferred. |
| (1) |
A patient record system shall be maintained by all pharmacies for patients for
whom prescription drug orders are dispensed. The patient record system shall
provide for the immediate retrieval of information necessary for the dispensing
pharmacist to identify previously dispensed drugs at the time a prescription
drug order is presented for filling or dispensing. The pharmacist shall make a
reasonable effort to obtain, record, and maintain the following information:
| (a) |
Full name of the patient for whom the
drug is intended; |
| (b) |
Street
address and telephone number of the patient; |
| (c) |
Patient's age or date of birth; |
| (d) |
The patient's gender; |
| (e) |
A list of all prescription drug orders
obtained by the patient at the pharmacy maintaining the patient record during
the two years immediately preceding the most recent entry showing the name of
the drug, prescription number, name and strength of the drug, the quantity and
date received, and the name of the practitioner; and |
| (f) |
Pharmacist comments relevant to the
individual's drug therapy, including any other information peculiar to the
specific patient or drug. |
|
| (2) |
The pharmacist shall make a reasonable
effort to obtain from the patient or the patient's agent and shall record any
known allergies, drug reactions, idiosyncrasies, and chronic conditions or
disease states of the patient and the identity of any other drugs, including
over-the-counter drugs or devices currently being used by the patient which may
relate to prospective drug review. |
| (3) |
A patient record shall be maintained for
a period of not less than five years from the date of the last entry in the
profile record. This record may be a hard copy or a computerized
form. |
| (1) |
All prescription drug orders lawfully
authorized to be received via facsimile or other electronic means are allowed
to serve as the original prescription drug order for the receiving
pharmacy. |
| (2) |
No person or firm
licensed under O.C.G.A. Title 26, Chapter 4 (the Georgia Pharmacy Practice Act)
nor any other entity shall be permitted to provide facsimile machines or
equipment, computer software, technology hardware, digital or electronic
prescription drug order systems or supplies related to the transmission of
prescription drug orders by electronic means to any practitioner which
restricts such practitioner from issuing prescription drug orders for certain
prescription drugs or restricts a patient from choosing the retail pharmacy to
which an electronic prescription drug order maybe transmitted. |
| (3) |
A pharmacist or a pharmacy owner and/or
manager that participates in any process which restricts the patient's freedom
of choice is considered to have engaged in unprofessional conduct as defined by
the Board's Rules. |
| (4) |
In
compliance with O.C.G.A. Title 26, Chapter 4, no pharmacy or pharmacist may
surrender copies of any patient's prescription drug order information or
patient profile except under the following conditions:
| (a) |
Written authority from the patient, the
patient's caretaker, or a person with power of attorney for the
patient; |
| (b) |
A subpoena or court
order signed and issued by a government official or court; |
| (c) |
Any other person as authorized by
O.C.G.A. § 26-4-80(d) to
have access to the prescription; or |
| (d) |
A forged prescription drug order. Such
forged prescription is considered evidence of a crime and should be surrendered
to the proper law enforcement authority investigating such forgery. When
turning over a forged prescription drug order to law enforcement officers, the
officer should provide the pharmacy with a signed photocopy of the forged
prescription drug order along with the name of the officer, his/her agency and
telephone number. |
|
| (5) |
The receipt of, maintenance of, and dispensing pursuant to digital and
electronic prescription drug orders in any manner other than as set forth in
this chapter shall be considered a violation of the Board rules and
regulations. |
| (6) |
Nothing in this
rule is meant to supercede any U.S. Drug Enforcement Administration (DEA) laws
or rules concerning the legality of transmission of or dispensing of controlled
substance prescription drug orders bearing electronic or digital
signatures. |
| (7) |
Nothing in this
rule is meant to restrict compliance with e-prescribing as permitted under the
Medicare Prescription Drug Improvement and Modernization Act of 2003. |
