New Mexico Administrative Code › Title 16 - OCCUPATIONAL AND PROFESSIONAL LICENSING › Chapter 19 - PHARMACISTS › Part 6 - PHARMACIES › Section 16.19.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Contracted"
				means having a written agreement (to include" business associate agreements" as
				required by federal law) between parties to ensure the authenticity and
				prescribing authority of each prescriber transmitting prescriptions, sufficient
				security to prevent the fraudulent creation or alteration of prescriptions by
				unauthorized parties, and assurance that "network vendors" or electronic
				prescription transmission intermediaries involved in the transmission and
				formatting of the prescription can provide documentation of chain of trust of
				who has had access to prescription content. Electronic prescription
				transmissions by non "contracted" parties will be invalid.
B. "Drug utilization review" (DUR) means
				evaluating or reviewing the patient record in order to determine the
				appropriateness of the drug therapy for a patient and which includes the
				prospective drug review in 16.19.4 NMAC and the verification of data entries
				including the correct interpretation and input of written prescriptions and the
				drug regimen review (NMSA
				61-11-2
				L) as required by the board.
C.
				"Electronically transmitted prescriptions" means communication of original
				prescriptions, refill authorizations, or drug orders, including controlled
				substances to the extent permitted by federal law, from an authorized licensed
				prescribing practitioner or his or her authorized agent directly or indirectly
				through one or more "contracted" parties to the pharmacy of the patient's
				choice by electronic means including, but not limited to, telephone, fax
				machine, routers, computer, computer modem or any other electronic device or
				authorized means.
D. "Electronic
				signature" means an electronic sound, symbol or process attached to or
				logically associated with a prescription record.
E. "Network vendor" means prescription
				transmission intermediary "contracted" by business associate agreements with
				appropriate parties involved, including point of care vendors, pharmacy
				computer vendors, pharmacies, to transmit the prescription information only
				having access to the prescription content to make format modification to
				facilitate secure and accurate data transmission in a format that can be
				received and deciphered by the pharmacy.
F. "Point of care vendor" means an entity
				contracted with a prescriber to generate or transmit electronic prescriptions
				authorized by a practitioner directly to a pharmacy or to a "contracted"
				intermediary or "network vendor", who will ultimately transmit the prescription
				order to a patient's pharmacy of choice. Vendor must provide an unbiased
				listing of provider pharmacies and not use pop-ups or other paid advertisements
				to influence the prescriber's choice of therapy or to interfere with patient's
				freedom of choice of pharmacy. Presentation of drug formulary information,
				including preferred and non-preferred drugs and co-pay information if
				available, is allowed.
G.
				"Prescriber" means a licensed practitioner who generates a prescription order
				and assumes responsibility for the content of the prescription.
H. "Remote pharmacist DUR site means a remote
				pharmacist practice site electronically linked to the New Mexico licensed
				pharmacy it operates through at which a pharmacist conducts drug utilization
				reviews. No dispensing will occur from a remote pharmacist DUR site.