4729:5-5-11. Prescription copy

(A) An outpatient pharmacy may send or receive copies of prescriptions in accordance with the following:

(1) Copies of prescriptions shall be transferred only between pharmacists, except as follows:

(a) Pharmacy interns in accordance with paragraph (G) of this rule; and

(b) Certified pharmacy technicians in accordance with rule 4729:3-3-04 of the Administrative Code.

(2) Copies of prescriptions for controlled substances shall be communicated directly between two pharmacists and, except as provided in paragraph (A)(3) of this rule, shall be transferred only one time.

(3) Pharmacies electronically sharing a real time, online database may transfer a controlled substance prescription up to the maximum number of refills permitted by law and the prescriber's authorization.

(4) The copy transferred shall be an exact duplicate of the original prescription, except that it shall also include the following:

(a) Serial prescription number assigned to the prescription;

(b) Name, address and, if a controlled substance prescription, the drug enforcement administration (D.E.A.) registration number of the pharmacy transferring the copy;

(c) Date of issuance of the prescription;

(d) Date of last refill;

(e) Number of valid refills or quantity remaining; and

(f) The full name of the transferring pharmacist or, if transferred by a pharmacy intern or certified pharmacy technician, the full name of the transferring pharmacy intern or certified pharmacy technician and the pharmacist on duty who is supervising the activity of the intern or technician.

(5) A pharmacist transferring a copy of a controlled substance prescription shall:

(a) Write the word "VOID" on the face of the invalidated prescription in a manner that does not destroy any of the original information contained on the prescription; for electronic prescriptions, information that the prescription has been transferred must be added to the prescription record.

(b) Record on the reverse of the invalidated prescription the name, address, and the D.E.A. registration number of the pharmacy to which it was transferred and the first and last name of the pharmacist receiving the prescription information; for electronic prescriptions, such information must be added to the prescription record.

(c) Record the date of the transfer and the name of the pharmacist transferring the information.

(d) Ensure copies of controlled substance prescriptions may only be transferred if the prescription record in the system is invalidated to prevent further dispensing at the original pharmacy.

(6) A pharmacist, pharmacy intern, or certified pharmacy technician transferring a copy of a non-controlled substance prescription shall:

(a) Utilize a manual or electronic method for invalidating the prescription to prevent further dispensing at the original pharmacy.

(b) Record the name and address of the pharmacy to which it was transferred.

(c) If transferred orally, the first and last name of the pharmacist or authorized pharmacy personnel receiving the prescription information.

(d) Record the date of the transfer and the name of the pharmacist, pharmacy intern, or certified pharmacy technician transferring the information.

(7) A pharmacist, pharmacy intern, or certified pharmacy technician receiving a copy of a prescription must comply with the following:

(a) Exercise reasonable diligence to determine the validity of the copy.

(b) Transcribe an oral prescription by recording all the information transferred.

The oral prescription shall include all information required in paragraph (A)(4) of this rule and the pharmacist, pharmacy intern, or certified pharmacy technician shall write the word "transfer" on the face of the prescription or indicate the prescription was transferred within a computerized record keeping system.

(c) Record date of transfer on the face of the prescription or within a computerized record keeping system.

(d) Prior to dispensing, positive identification of the receiving pharmacist shall be recorded to identify who is responsible for the receipt of the copy. For pharmacy interns, positive identification shall be documented in accordance with paragraph (G)(5) of this rule. For certified pharmacy technicians, positive identification shall be documented in accordance with rule 4729:3-3-04 of the Administrative Code.

(B) A prescription copy may be transferred electronically between pharmacies if the pharmacies are accessing the same prescription records in a centralized database or the pharmacies' computers are linked in any other manner. The computer systems must be able to comply with the requirements of paragraphs (A)(4) and (A)(5) (d) of this rule. This shall include invalidation of the prescription record in the system to prevent further dispensing at the original pharmacy and, if a controlled substance prescription, the canceling of the original written prescription as required in paragraphs (A)(5)(a) and (A)(5)(b) of this rule.

(C) A prescription copy may be transferred by the use of a facsimile machine. A facsimile shall be considered a copy of the prescription if it meets the requirements of paragraph (A) of this rule, including invalidation of the original prescription. Facsimile copies must be recorded in writing pursuant to section 4729.37 of the Revised Code or stored in such a manner that will allow retention of the prescription record for three years from the date of the last transaction.

(D) Information on a prescription is the property of the patient and is intended to authorize the dispensing of a specific amount of medication for use by the patient.

(1) If the pharmacy is not able to provide the medication when needed by the patient pursuant to an authorized refill, the pharmacy shall, upon the request of the patient or patient's caregiver, transfer the prescription information to a pharmacy designated by the patient.

(2) Unless otherwise prohibited by law, no pharmacy shall refuse to transfer information about a prescription to another pharmacy when requested by the patient or patient's caregiver. Prescription information shall be transferred in accordance with this rule as soon as possible to ensure that the patient's drug therapy is not interrupted.

(3) A prescription may only be transferred upon the request or consent of the patient or patient's caregiver.

(E) Prescriptions entered into a computer system but not dispensed shall be transferred to another pharmacy, at the request of the patient or patient's caregiver, if all of the following conditions are met:

(1) The complete prescription information has been entered into the computer system.

(2) The information is displayed on the patient's profile.

(3) There is positive identification of the individual responsible for entering the prescription information into the system and the pharmacist responsible for verification of the information entered into the system.

(4) The original prescription is filed in accordance with rule 4729:5-5-03 of the Administrative Code.

(5) The prescription is assigned a prescription number.

(6) All requirements of this rule are met for the transfer of the prescription.

(7) The transfer is conducted in accordance with all state and federal laws, rules and regulations.

(8) A pharmacist may transfer an unfilled electronic prescription for a controlled substance to another pharmacist in accordance regulations or policies adopted by the United States drug enforcement administration.

(F) Transfer of prescription information between two pharmacies which are accessing the same real time, online database pursuant to the operation of a licensed central fill pharmacy shall not be considered a prescription copy and, therefore, is not subject to the requirements of this rule.

(G) A licensed pharmacy intern may send or receive copies of prescriptions in accordance with the following:

(1) The pharmacist on duty who is supervising the activity of the intern determines if the intern is competent to send or receive a prescription copy.

(2) The pharmacist on duty who is supervising the activity of the intern is responsible for the accuracy of a prescription copy that is sent or received by an intern.

(3) The pharmacist on duty must be immediately available to answer questions or discuss the prescription copy that is sent or received by an intern.

(4) The pharmacist or intern receiving a prescription copy from an intern must document the full names of the sending intern and the intern's supervising pharmacist.

(5) The intern receiving a prescription copy shall immediately transcribe the prescription and shall review the prescription with the pharmacist on duty. Prior to dispensing, positive identification of the intern and the supervising pharmacist on duty shall be recorded to identify who is responsible for the receipt of the copy.

(6) The pharmacist or intern sending a prescription copy to an intern must document the full names of the receiving intern and the pharmacist on duty.

(7) The intern shall not send or receive a prescription copy for a controlled substance.

(8) The intern and the pharmacist on duty shall comply with all the requirements of this rule.

Replaces: 4729-5-24

Effective: 12/1/2020
Five Year Review (FYR) Dates: 12/01/2025
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26
Rule Amplifies: 3719.05, 4729.37
Prior Effective Dates: 10/01/1971, 08/01/1994, 07/01/1990, 07/01/1992, 07/17/1997, 07/01/1997, 02/01/1998, 03/01/1999, 03/31/2000, 02/01/2002, 02/01/2003, 02/01/2005, 04/27/2007, 01/01/2010, 01/01/2011, 06/16/2011, 05/22/2014, 01/15/2016