West Virginia Code of State Rules › Agency 15 - Pharmacy › Title 15 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF PHARMACY › Series 15-01 - Licensure and Practice of Pharmacy › Section 15-1-17 - Manner of Issuance of a Prescription

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. A prescription to be valid, shall be
				issued for a legitimate medical purpose by a practitioner acting within the
				course of legitimate professional practice, and shall bear the preprinted,
				stamped, typed, or manually printed name, address and telephone number of the
				prescribing practitioner. If it is a prescription for a controlled substance
				listed in Schedules II through V, then it shall also contain the prescriber's
				DEA registration number, including any suffix. The National Provider
				Identification (NPI) number shall be required on all valid prescriptions
				beginning January 1, 2012.
17.1.1. A
				pharmacist shall receive the communication of a prescription. A pharmacist may
				accept a prescription, including that for a controlled substance listed in
				Schedules II through V, that is communicated in written form or by
				E-prescribing. A pharmacist may accept a prescription, including that for a
				controlled substance listed in Schedules III through V, and, in certain
				situations, that for a controlled substance listed in Schedule II, that is
				communicated orally (including telephone voice communication) or by way of
				electronic transmission other than E-prescribing.
17.1.2. If communicated orally or by way of
				electronic transmission other than E-prescribing, the pharmacist shall
				immediately reduce the prescription to a form that may be maintained for the
				time period required by any applicable federal and State of West Virginia laws
				and rules.
17.1.3. A prescription
				blank for a controlled substance shall not contain the preprinted name of a
				controlled substance or the written, typed or rubber-stamped name of a
				controlled substance until the prescription blank is signed, dated and issued
				to a patient.
17.1.4. A
				prescription for a Schedule II controlled substance may be communicated orally
				or by way of electronic transmission other than E-prescribing only in the
				following situations and with the following restrictions. Otherwise, a
				prescription for a Schedule II controlled substance shall be communicated in
				written form or by E-prescribing.
17.1.4.a. A
				prescription for a Schedule II controlled substance may be communicated by the
				practitioner or the practitioner's agent by way of electronic transmission,
				provided the original written prescription, signed by the practitioner, is
				presented to the pharmacist for review prior to the actual dispensing of the
				controlled substance, except the hard copy of the electronic transmission may
				serve as the original, written prescription in the following instances:
17.1.4.a.1. the prescription for a Schedule
				II narcotic substance is to be compounded for the direct administration to a
				patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal
				infusion;
17.1.4.a.2. the
				prescription for a Schedule II controlled substance is for a resident of a Long
				Term Care Facility; or
17.1.4.a.3.
				the prescription for a Schedule II controlled substance is for a patient under
				the care of a hospice certified by Medicare or licensed by the state. The
				practitioner or Practitioner's agent shall note on the prescription that the
				patient is a hospice patient.
17.1.6. In the case of an emergency
				situation, a prescription for a Schedule II controlled substance may be
				communicated by the practitioner orally or by way of electronic transmission,
				provided that if the prescribing practitioner is not known to the pharmacist,
				he or she shall make a reasonable effort to determine that the oral
				authorization came from a registered practitioner, which may include a callback
				to the practitioner using the practitioner's phone number as listed in the
				telephone directory and other good faith efforts to insure his identity; and:
17.1.6.a. the quantity prescribed and
				dispensed is limited to the amount adequate to treat the patient during the
				emergency period (dispensing beyond the emergency period must be pursuant to a
				written prescription signed by the prescribing practitioner);
17.1.6.b. the orally communicated
				prescription is immediately reduced to writing by the pharmacist, or, if
				necessary, the prescription communicated by way of electronic transmission is
				immediately reduced to a hard copy;
17.1.6.c. within seven (7) days after
				authorizing an emergency oral prescription, the practitioner has a written
				prescription for the emergency quantity prescribed delivered to the dispensing
				pharmacist. The prescription shall have written on its face "Authorization for
				Emergency Dispensing" and the date of the orally or electronically transmitted
				prescription. The written prescription may be delivered to the pharmacist in
				person or by mail, but if delivered by mail, it must be postmarked within the
				seven (7) day period. Upon receipt, the dispensing pharmacist shall attach this
				written prescription to the emergency oral prescription which had earlier been
				reduced to writing or to the hard copy of the electronically transmitted
				prescription. The pharmacist shall notify the nearest office of the U.S. Drug
				Enforcement Administration if the prescribing practitioner fails to deliver a
				written prescription.
17.1.7. A prescribing practitioner may
				authorize his or her agent to communicate a prescription orally or by way of
				electronic transmission either directly or through an electronic data
				intermediary to a pharmacist in a licensed pharmacy, provided:
17.1.7.a. the identity of the transmitting
				agent is included in the order;
17.1.7.b. the prescription is transmitted
				either directly or through an electronic data intermediary to a pharmacist in a
				licensed pharmacy of the patient's choice with no unauthorized person having
				access to the prescription;
17.1.7.c. the prescription identifies the
				transmitter's phone number for verbal confirmation, the time and date of
				transmission, and the identity of the pharmacy intended to receive the
				transmission, as well as any other information required by federal or state
				law;
17.1.7.d. the pharmacist
				exercises professional judgment regarding the accuracy, validity, and
				authenticity of the prescription communicated by way of electronic
				transmission; and
17.1.7.e. all
				electronic equipment for receipt of prescriptions communicated by way of
				electronic transmission is maintained so as to ensure against unauthorized
				access.
17.1.8
				Electronic Data Intermediaries.
17.1.8.a.
				Electronic data intermediaries may transmit electronic prescriptions,
				prescription refill authorization requests, communications, and other patient
				care information using a secure infrastructure between an authorized
				prescribing practitioner and a pharmacy of the patient's choice.
17.1.8.b. Electronic data intermediaries
				shall meet the following requirements for electronically transmitted
				prescription orders, refill authorization requests, communications and other
				transmitted patient care information:
17.1.8.b.1. Maintain the confidentiality and
				security of transmitted information as required by applicable federal and state
				laws.
17.1.8.b.2. Transmit
				prescriptions to the pharmacy of the patient's choice.
17.1.8.b.3. Maintain the integrity, privacy,
				and security of archived copies of the electronic information related to the
				transmissions as required by applicable state and federal laws, including
				maintaining them as confidential
				information.