Section 22-B1300. GENERAL PROVISIONS

 

1300.1This chapter shall apply to all categories of prescriptions drugs.

 

1300.2Unless otherwise prohibited in this chapter or by District or federal law, a pharmacist may accept as valid for dispensing, a written prescription, an oral prescription, a telephone facsimile prescription, or an electronic prescription, issued by a practitioner who holds a valid license issued by the District of Columbia, or other U.S. state, to prescribe drugs or medical devices.

 

1300.3A prescription shall only be issued by a practitioner who holds a valid license issued by the District of Columbia, or other U.S. state, to prescribe drugs or medical devices. If the prescription is for a controlled substance, the practitioner must also have a valid federal Drug Enforcement Agency (DEA) registration number and if applicable, a valid District of Columbia controlled substance registration or be exempt from registration pursuant to § 302 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981, (D.C. Law 4-29, D.C. Official Code § 48-901.01).

 

1300.4A prescription issued by an individual practitioner may be communicated to a pharmacist by an employee or agent of the individual practitioner only pursuant to the directions and order of the practitioner, and in conformance with the applicable federal and District of Columbia laws and regulations, and this chapter.

 

1300.5A prescription shall only be filled by a licensed pharmacist or individual practitioner legally authorized to dispense a prescription.

 

1300.6Pharmacists shall exercise sound professional judgment with respect to the accuracy and authenticity of any prescription they dispense. If the pharmacist questions the accuracy or authenticity of prescription, he or she shall verify the order with the practitioner prior to dispensing.

 

1300.7Prior to dispensing a prescription, pharmacists shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription. A pharmacist shall not dispense a prescription if the pharmacist knows that the prescription was issued without a valid patient-practitioner relationship.

 

1300.8An internet based or telephone consultation or questionnaire evaluation is not adequate to establish a valid patient-practitioner relationship except as follows:

 

(a)In the event of a documented medical emergency;

 

(b)In an on-call or cross-coverage arrangement; or

 

(c)Where patient care is rendered in consultation with another practitioner who has an ongoing relationship with the patient and who has agreed to supervise the patient's treatment, including the use of any prescribed medications.

 

1300.9Nothing in this chapter shall be construed as authorizing or permitting any person to do any act which such person is not authorized or permitted to do under other Federal laws or obligations under international treaties, conventions or protocols, or under the law of the State in which he or she desires to do such act nor shall compliance with such parts be construed as compliance with other Federal or State laws unless expressly provided in such other laws.

 

authority

Section 19(a)(3) of the District of Columbia Pharmacist and Pharmacy Regulation Act of 1980, effective September 16, 1980 (D.C. Law 3-98; D.C. Official Code § 47-2885.18.01(a)(3)); the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D. C. Law 4-29; D.C. Official Code § 48-901.01); Mayor’s Order 98-48, dated April 15, 1998; Section 4902 of the Fiscal Year 2002 Budget Support Act of 2001, effective October 3, 2001 (D.C. Law 14-28; D.C. Official Code § 7-731); Section 15 of the District of Columbia Drug Manufacture and Distribution Licensure Act of 1990, effective June 13, 1990 (D.C. Law 8-137; D.C. Official Code § 48-714(a)); and Mayor’s Order 98-88, dated May 29, 1998.

source

Final Rulemaking published at 33 DCR 1046, 1064 (February 21, 1986); as amended by Final Rulemaking published at 53 DCR 10055 (December 22, 2006).