24.174.835 TRANSFER OF PRESCRIPTIONS

(1) The transfer of prescription information for the purpose of refill dispensing is permissible between pharmacies subject to the following requirements:

(a) the transfer is communicated directly between two licensed pharmacists/interns;

(b) controlled substances may only be transferred from the original pharmacy to which it was presented; and

(c) for a period of not less than two years, a retrievable audit trail must be maintained that includes the date of transfer and initials or code of the transferring party.

(2) The manual transfer of original prescription information for a controlled (dangerous) substance listed in Schedules III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only, by following the procedures listed in (1). In addition:

(a) the transferring pharmacist shall record on the reverse of the invalidated prescription the DEA registration number of the pharmacy to which it was transferred; and

(b) the pharmacist receiving the transferred prescription shall record the DEA registration number of the pharmacy from which the prescription information was transferred.

(3) The electronic transfer of prescription information for the purpose of refill dispensing is permissible between pharmacies subject to the following requirements:

(a) the transferring pharmacy shall:

(i) render the prescription void;

(ii) enter the name, address, and DEA number of the receiving pharmacy into the database of the transferring pharmacy;

(iii) inform the receiving pharmacy of:

(A) the date on which the prescription was written;

(B) the original number of refills;

(D) the date of the most recent refill; and

(iv) maintain a retrievable audit trail, including the date of transfer and initials or code of the transferring party, for a period of two years; and

(b) the receiving pharmacy shall maintain documentation including:

(i) a notation that the prescription was received by transfer;

(ii) the date on which the prescription was written;

(iii) the original prescription number of the transferred prescription;

(iv) the original number of refills, number of refills remaining, and the date of the most recent refill;

(v) the name, address, and DEA number of the transferring pharmacy;

(vi) all other prescription information required by state and federal laws and regulations;

(vii) a retrievable audit trail, including the date of transfer and initials or code of the receiving party, for a period of two years; and

(viii) a nonfading hard copy record of each prescription drug order transferred.

(4) The electronic transfer of original prescription information for a controlled (dangerous) substance listed in Schedules III, IV, or V for the purpose of refill dispensing is permissible between pharmacies on a one-time basis only, by following the procedures listed in (1) and (3).

(5) Pharmacies accessing a common or shared electronic file or database used to maintain required dispensing information are not required to transfer prescription drug orders or information for dispensing purposes between or among pharmacies participating in the common or shared prescription file, provided, however, that any such common or shared file shall contain complete records of each prescription drug order and refill dispensed. A hard copy record of each prescription drug order accessed for purposes of refilling shall be generated if necessary and maintained at the refilling pharmacy. An easily retrievable audit trail which documents the location of each filling must be maintained and provisions must be made to assure that the number of authorized refills is not exceeded.

(a) Any pharmacy which establishes an electronic file for prescription records, which is shared with or accessible to other pharmacies, shall post in a place conspicuous to and readily readable by prescription drug consumers a notice in substantially the following form:

"NOTICE TO CONSUMERS:

This pharmacy maintains its prescription information in an electronic file which is shared by or accessible to the following pharmacies: (list names of all pharmacies which share the prescription information).

By offering this service, your prescriptions may also be refilled at the above locations. If for any reason you do not want your prescriptions to be maintained this way, please notify the pharmacist-in-charge."

(b) Whenever a consumer objects to their prescription records being made accessible to other pharmacies through the use of electronic prescription files, it is the duty of the pharmacy to assure that the consumer's records are not shared with or made accessible to another pharmacy except as provided in (1), (2), and (4).

(6) In an emergency, a pharmacy may transfer original prescription drug order information for a noncontrolled substance to a second pharmacy for the purpose of dispensing up to a seven-day supply, without voiding the original prescription drug order.

(7) Both the original and transferred prescription must be maintained for a period of at least two years from the date of last refill.

(8) Pharmacies utilizing automated data processing systems must satisfy all information requirements of the manual mode for all prescription transferral and be certain that their system can void the original prescription once it is transferred, yet maintain the information on file.

History: 37-7-201, MCA; IMP, 37-7-201, MCA; NEW, 1985 MAR p. 1017, Eff. 7/26/85; AMD, 2002 MAR p. 178, Eff. 2/1/02; TRANS, from Commerce, 2002 MAR p. 904; AMD, 2006 MAR p. 1615, Eff. 6/23/06; AMD and TRANS, from ARM 24.174.514, 2015 MAR p. 302, Eff. 3/27/15.