Section 22-B1304. ELECTRONIC PRESCRIPTION ORDERS

 

1304.1A practitioner shall not electronically transmit a prescription if in doing so it would interfere with a patient's freedom to choose a pharmacy, or without a patient's consent.

 

1304.2A pharmacist shall not dispense an electronic prescription for a controlled substance listed in any schedule, unless otherwise authorized or permitted by federal law or regulations.

 

1304.3An electronic prescription may be transmitted only by a practitioner or a practitioner's designated agent:

 

(a)Directly to a pharmacy through a secure computer to computer transmission;

 

(b)Directly to a pharmacy through a secure computer to facsimile transmission; or

 

(c)Processed by a commercial intermediary that is duly authorized to operate in the District of Columbia, if applicable, and which ensures the confidentiality and security of the transmission process.

 

1304.4The original electronic transmission shall be readily retrievable through the pharmacy computer system and shall be immediately reduced to hardcopy and filed in accordance with District of Columbia regulations.

 

1304.5To maintain the confidentiality of patient records:

 

(a)The pharmacy computer system and the practitioner shall both have adequate security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of patient records and electronic transmissions; and

 

(b)The Director of Pharmacy or Pharmacist in Charge shall implement and maintain procedures, system controls, and other efforts to ensure compliance with HIPAA, federal and District laws concerning the confidentiality and protection of patient information.

 

1304.6The Director of Pharmacy or Pharmacist in Charge shall create and maintain a an ongoing security program and procedures which are capable of identifying misuse or unauthorized use of electronic signatures;

 

1304.7The Director of Pharmacy or Pharmacist in Charge shall implement and maintain procedures, computer system controls, and other efforts, including contractual arrangements with commercial intermediaries, to:

 

(a)Verify the authenticity of the electronic transmission and its source of origin;

 

(b)Ensure that the electronic transmission contains the same exact information it contained when originated by the practitioner;

 

(c)Ensure that the electronic transmission contains no alterations by any intervening parties;

 

(d)Prevent unauthorized access and changes to electronically transmitted prescriptions; and

 

(e)Other efforts which, in the professional judgment of the pharmacist, may be necessary to ensure the validity of the transmission.

 

1304.8In addition to conforming to all applicable federal and District requirements, an electronic prescription order shall conform to federally recognized national transmission standards and contain the following information at the time it is transmitted:

 

(a) A prescription bearing the following information:

 

(1)The full name, address, and telephone number of the practitioner;

 

(2)The electronic signature of the practitioner;

 

(3)The date of issuance;

 

(4)The full name and address of the patient; and

 

(5)The name and dosage of the drug, directions for use, quantity dispensed, and number of refills, when applicable.

 

(b)Along with the prescription, the following information shall be transmitted:

 

(1)The National Council on Prescription Drug Programs (NCPDP) pharmacy number of the pharmacy to which the prescription was transmitted;

 

(2)The date the prescription was transmitted to the pharmacy, if the date is different from the date of issuance of the prescription; and

 

(3)If transmitted by the prescriber's designated agent, the full name of the designated agent.

 

1304.9The dispensing pharmacist shall document the following information on each electronic prescription order that has been dispensed:

 

(a)The name or initials of the pharmacist who performed the final verification; and

 

(b)Any change or alteration made to the prescription dispensed based on contact with the practitioner to show a clear audit trail. This shall include, but not be limited to, a change in quantity, directions, or number of refills.

 

1304.10Authorization obtained from the practitioner to substitute a drug, shall be documented on the prescription order, except in the case of an institutional pharmacy which maintains readily retrievable, written, documented policies authorizing such substitution.

 

1304.11Electronic transmission technology shall not be used to circumvent or violate any provision of District or federal laws or regulations.

 

 

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, 1067 (February 21, 1986); as amended by Final Rulemaking published at 53 DCR 10055 (December 22, 2006).