WSR 08-15-087

EXPEDITED RULES

DEPARTMENT OF HEALTH


(Board of Pharmacy)

[ Filed July 17, 2008, 7:55 a.m. ]

Title of Rule and Other Identifying Information: WAC 246-869-090 Prescription transfers, amending to correct reference number to code of federal regulations (CFR).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Board of Pharmacy, Department of Health, P.O. Box 47863, Olympia, WA 98504-7863 , AND RECEIVED BY September 23, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed amendment corrects a typographical error in the CFR number referenced in WAC 246-869-090 (2)(e) to 21 CFR 1306.25. The rule refers to the CFR for standards that must be followed when transferring refill prescription information for Schedules III, IV, and V controlled substances between pharmacies.

Reasons Supporting Proposal: Correcting the reference provides the public and practitioners with accurate information.

Expedited rule making is appropriate for rules that "correct typographical errors, makes address or name changes, or clarify language of a rule without changing its effect," under RCW 34.05.353 (1)(c).

Statutory Authority for Adoption: RCW 18.65.005.

Statute Being Implemented: RCW 18.65.005.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Washington department of health, board of pharmacy, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Doreen Beebe, 310 Israel Road S.E., Tumwater, WA 98501, (360) 236-4834.

May 6, 2008

Doreen E. Beebe

Program Manager

OTS-9629.1


AMENDATORY SECTION(Amending Order 191B, filed 8/30/91, effective 9/30/91)

WAC 246-869-090   Prescription transfers.   The transfer of original prescription information for a noncontrolled substance legend drug for the purpose of refill dispensing is permissible between pharmacies subject to the following requirements:

(1) The transfer is communicated directly between two licensed pharmacists and the transferring pharmacist records the following information:

(a) Record in the patient medication record system that a copy has been issued.

(b) Record in the patient medication record system the name and address of the pharmacy to which it was transferred and the name of the pharmacist receiving the prescription information.

(2) The pharmacist receiving the transferred prescription information shall reduce to writing the following:

(a) Write the word "TRANSFER" on the face of the transferred prescription.

(b) Provide all information required to be on the prescription - patient's name and address; doctor's name and address, and also include:

(i) Date of issuance of original prescription.

(ii) Number of valid refills remaining and date of last refill.

(iii) The pharmacy's name, address, and original prescription number from which the prescription information was transferred.

(iv) Name of transferor pharmacist.

(c) Both the original and transferred prescription must be maintained as if they were original prescriptions.

(d) A transferred prescription may not be refilled after one year from the date the original was issued.

(e) The above subsections apply to the transfer of prescription information for noncontrolled substances. The transfer of controlled substance prescription information must conform to the requirements of 21 CFR ((1306.26)) 1306.25.

(3) When a prescription is transferred, no further refills shall be issued by the transferring pharmacy.

(4) If two or more pharmacies utilize a common electronic data base for prescription recordkeeping, prescriptions may be refilled at any of these pharmacies as long as there is provided an audit trail which documents the location of each filling and provisions are made to assure that the number of authorized refills are not exceeded.

[Statutory Authority: RCW 18.64.005 and chapter 18.64A RCW. 91-18-057 (Order 191B), recodified as 246-869-090, filed 8/30/91, effective 9/30/91. Statutory Authority: RCW 18.64.005. 88-23-058 (Order 221), 360-16-094, filed 11/15/88.]

Washington State Code Reviser's Office