NAC639.713. Transfer of information between pharmacies: Conditions; prohibitions.

     1. Except as otherwise provided in subsection 4, a transfer of information between pharmacies relating to a prescription for a dangerous drug or controlled substance for the purpose of filling and dispensing that prescription is subject to the following conditions:

     (a) Information relating to a prescription and any remaining number of refills may be transferred orally, by a facsimile machine in accordance with NAC 639.7145 or by computer.

     (b) An oral transfer must be communicated directly between two registered pharmacists.

     (c) The original and the transferred prescriptions must be maintained for 2 years after the date on which the prescription was filled.

     (d) Information relating to a prescription may be transferred by a computer if:

          (1) The computer that transfers the information reduces, at the time the information is transferred, the number of refills authorized by the original prescription; and

          (2) The computer that receives the information allows the transfer of the prescription for a controlled substance only once.

     2. A pharmacist who receives a prescription for a controlled substance which has been transferred by a computer shall inform the patient that the prescription may be transferred only once.

     3. A pharmacy shall not, without first notifying the Board:

     (a) Sell, give or otherwise transfer all its prescription files, including information relating to patients and practitioners, to another pharmacy, including a pharmacy under its control or ownership; or

     (b) Receive all the prescription files, including information relating to patients and practitioners, from another pharmacy, including a pharmacy under its control or ownership.

Ê A file transferred pursuant to this subsection is not a transfer of information between pharmacies for the purposes of subsection 1, regardless of whether the transfer occurs before or after the prescription is filled.

     4. A prescription for a controlled substance listed in schedule II must not be transferred pursuant to the provisions of this section.

     (Added to NAC by Bd. of Pharmacy, eff. 12-3-91; A 7-17-96; 10-24-97; R155-04, 12-20-2004)