NAC639.7105. Electronic transmission of prescription.

Except as otherwise provided in NAC 639.711:

     1. A prescription for a dangerous drug or a controlled substance listed in schedule II, III, IV or V may be transmitted electronically by a practitioner to a pharmacy.

     2. A practitioner shall not transmit a prescription electronically to a pharmacy unless:

     (a) The practitioner is the only person who will have access to the prescription until it is received by the pharmacy;

     (b) The patient:

          (1) Consents to the transmission of the prescription electronically; and

          (2) Approves the pharmacy where the prescription will be transmitted; and

     (c) All requirements of 21 C.F.R. Part 1311 are satisfied.

     3. In addition to the requirements set forth in NRS 639.2353 and 639.2589, a prescription that is transmitted electronically to a pharmacy must include:

     (a) The telephone number of the prescribing practitioner;

     (b) The time and date of the transmission; and

     (c) The name of the pharmacy to which the prescription is sent.

     4. In addition to the requirements set forth in subsection 3 and NRS 639.2353 and 639.2589, a prescription for a controlled substance that is transmitted electronically to a pharmacy must include:

     (a) The registration number from the Drug Enforcement Administration of the prescribing practitioner; and

     (b) If the technological capability exists to require such information to be transmitted electronically:

          (1) The Nevada controlled substance registration number of the prescribing practitioner;

          (2) The indication for use or the diagnosis code; and

          (3) The date of the last physical examination of the patient.

     5. A pharmacist who receives a prescription that is transmitted electronically shall:

     (a) Print a copy of the prescription on paper that is of sufficient quality to last for at least 2 years; and

     (b) Keep a copy of the prescription for at least 2 years after the pharmacist receives the prescription.

     6. A pharmacist shall not dispense a prescription that is transmitted electronically until the pharmacist determines that the prescription complies with the requirements of state and federal law.

     7. A prescription that is transmitted electronically and complies with the provisions of this section shall be deemed an original prescription.

     8. The Board may suspend the privilege of a practitioner to transmit prescriptions electronically if the Board reasonably suspects that the practitioner has transmitted a prescription electronically that is:

     (a) Unlawful;

     (b) Fraudulent; or

     (c) Not for a legitimate medical purpose.

     (Added to NAC by Bd. of Pharmacy, eff. 11-14-97; A by R164-01, 12-17-2001; R160-10, 5-5-2011; R176-12, 12-20-2012)