NAC639.7102. Use of computer system for issuance and transmission of prescription.

     1. A practitioner may:

     (a) Issue a prescription using a computer system approved by the Board; and

     (b) Transmit the prescription using that computer system to a pharmacy specified by the patient for whom the practitioner issues the prescription.

     2. The Board will approve the computer system of a practitioner if the computer system:

     (a) Requires a fingerprint scan, retinal scan, personal identification number or other unique identification of the practitioner to activate the computer system by which a prescription will be entered and to reactivate the computer system if the computer system has not been in use for 15 minutes or longer;

     (b) Maintains a record of:

          (1) Each prescription that the practitioner issues using the computer system; and

          (2) Each pharmacy to which the practitioner submits the prescription;

     (c) Is able to print a written prescription that complies with NRS 639.2353 and NAC 453.440;

     (d) Places on the face of the prescription, if it is printed from the computer system of the practitioner or the pharmacy to which the practitioner transmits the prescription, or if it is displayed on the monitor of the computer of the pharmacy, a mark that uniquely identifies the practitioner, including, without limitation, the practitioner’s signature or a security code which is known to or verifiable by the pharmacy;

     (e) Requires the practitioner, before the computer system places the words “Dispense As Written” on the face of the prescription, to make a specific entry into the computer system for the prescription; and

     (f) Except as otherwise provided in subsection 3, transmits to the pharmacy specified by the patient the prescription and any other confidential information relating to the patient in a manner that ensures that the prescription or other confidential information may not be altered by a person other than the pharmacist.

     3. The provisions of paragraph (f) of subsection 2 do not prohibit a practitioner from using a routing company to transmit a prescription pursuant to this section. A routing company:

     (a) May, for the purpose of verifying an audit conducted of the routing company, store any prescription or other confidential information it receives or transmits pursuant to this subsection in a form that is secure and ensures the confidentiality of the information.

     (b) May not add a provision to, delete a provision from or otherwise modify a prescription or any other confidential information that it receives or transmits pursuant to this subsection.

     4. A pharmacy that receives a prescription from a practitioner using a computer system which is approved by the Board may fill that prescription if:

     (a) The pharmacy prints a copy of the prescription and files the copy in the same manner in which the pharmacy files any other prescription maintained by it; or

     (b) The computer system of the pharmacy:

          (1) Maintains the prescription in a manner that ensures that the prescription is numbered consecutively in accordance with NAC 639.914;

          (2) Is able to print a copy of the prescription; and

          (3) Prohibits the modification of the prescription unless the computer system:

               (I) Automatically prepares a notation within the records of the computer system indicating that the pharmacy has modified the prescription and automatically records the modification; and

               (II) Requires the pharmacy to prepare a record indicating the identity of the person who modified the prescription.

     5. If a pharmacy fills a prescription pursuant to paragraph (b) of subsection 4, a pharmacist employed by the pharmacy shall, each day:

     (a) Store the prescription or cause the prescription to be stored on a tape, disc or other device that is used for the storage of information by a computer; and

     (b) Store the tape, disc or device:

          (1) At a location other than the pharmacy; or

          (2) In any other manner that:

               (I) Protects the tape, disc or device from loss or damage; and

               (II) Ensures that any confidential information included in the tape, disc or device remains confidential.

     6. If a practitioner prints a prescription using a computer system that is approved pursuant to this section, the practitioner shall:

     (a) Except as otherwise provided in paragraph (b), manually sign the printed prescription; or

     (b) If the prescription includes a mark that uniquely identifies the practitioner in accordance with paragraph (d) of subsection 2, print the prescription on security paper.

     7. A practitioner may transmit a prescription or any other confidential information relating to a patient to an insurer or any entity other than a pharmacy pursuant to this section if, before transmitting the prescription or confidential information:

     (a) The practitioner submits a written notice to the patient:

          (1) Identifying the insurer or entity; and

          (2) Indicating that the practitioner intends to transmit the prescription or confidential information to the insurer or entity; and

     (b) The patient consents in writing to the transmission of the prescription or confidential information to:

          (1) The insurer or entity; and

          (2) The pharmacy specified by the patient pursuant to this section.

     8. The provisions of this section do not prohibit a computer system that is approved pursuant to this section from being used to transmit:

     (a) The ICD code set forth in the most recent revision of the International Classification of Diseases; or

     (b) Any other information that is not related to the issuance, filling or transmission of a prescription for a patient or the transmission of any confidential information relating to the patient pursuant to this section.

     9. As used in this section:

     (a) “Routing company” means any business that:

          (1) Receives a prescription or any other confidential information from a practitioner in accordance with a contract between:

               (I) The routing company and the practitioner or a company that provides computer software for the management of the practitioner’s practice; or

               (II) A patient of the practitioner and a third-party payor; and

          (2) Transmits the prescription or confidential information:

               (I) Directly to the pharmacy specified by the patient; or

               (II) Through the company that provides computer software for the management of the business operations of the pharmacy.

     (b) “Security paper” means any paper that is approved by the staff of the Board and that includes features which ensure that the paper:

          (1) May not be duplicated without creating an indication on the paper that the paper has been duplicated; and

          (2) May be authenticated as having been issued by a practitioner or the office of the practitioner.

     (Added to NAC by Bd. of Pharmacy by R067-02, eff. 10-22-2003; A by R037-06, 5-4-2006; R176-12, 12-20-2012)