Nevada Administrative Code|Section 639.7105 - Electronic transmission of prescription

                                                
 639.7105. Electronic transmission of prescription 
 
Except as otherwise provided in NAC 639.648 and 639.711:
 
1. A prescription for a dangerous drug may be transmitted to a pharmacy electronically by a practitioner or, if the prescription is for a dangerous drug, the designated agent of the practitioner, if the patient:
 
(a) Consents to the transmission of the prescription electronically; and
 
(b) Approves the pharmacy where the prescription will be transmitted.
 
2. A practitioner shall not transmit a prescription for a controlled substance to a pharmacy electronically unless: 
 
(a) The practitioner is the only person who will have access to the prescription until it is received by the pharmacy; and
 
(b) All requirements of 21 C.F.R. Part 1311 are satisfied.
 
3. The designated agent of a practitioner shall not transmit a prescription for a dangerous drug to a pharmacy electronically unless:
 
(a) The practitioner prescribes the dangerous drug;
 
(b) The designated agent receives training from the practitioner regarding the electronic transmission of prescriptions and the practitioner keeps written documentation of such training at his or her office; and
 
(c) The practitioner documents in the medical record of the patient for whom the prescription is being transmitted electronically the intention of the practitioner to prescribe the dangerous drug and to have his or her designated agent transmit the prescription electronically.
 
4. If the designated agent of a practitioner transmits a prescription electronically to a pharmacy, the practitioner shall review the electronic prescription file not later than 24 hours after the electronic transmission.
 
5. In addition to the requirements set forth in NRS 639.2353, 639.23535 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.
 
6. In addition to the requirements set forth in subsection 5 and NRS 639.2353, 639.23535 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.
 
7. A pharmacist who receives a prescription that is transmitted electronically shall keep a paper or electronic copy of the prescription for at least 2 years after the pharmacist receives the prescription. The copy of the prescription that is kept must be readily accessible to:
 
(a) Personnel of the pharmacy who are authorized to access records of prescriptions kept by the pharmacy; and
 
(b) Members, employees, agents and designees of the Board.
 
8. 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.
 
9. A prescription that is transmitted and complies with the provisions of this section shall be deemed an original prescription.
 
10. The Board may suspend the privilege of a practitioner to transmit prescriptions electronically or take any other appropriate action if the Board reasonably suspects that the practitioner or the designated agent of 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; A by R119-13, eff. 3-28-2014; A by R146-17AP, eff. 5-16-2018; A by R083-20A, eff. 12-29-2020
 
NRS 639.070, 639.23535