Transmission of Prescriptions

PURPOSE: This rule sets requirements governing the transmission of prescription information. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Prescriptions in Schedule II. A pharmacist may dispense a controlled substance in Schedule II only under a written prescription signed by the practitioner, except as provided in section 195.060.3, RSMo. A prescription for a Schedule II controlled substance may be transmitted from the prescribing practitioner to a pharmacy by facsimile equipment, provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except that— (A) A prescription written for a Schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion may be transmitted by the practitioner or the practitioner’s agent to the pharmacy by facsimile. The facsimile which has been reduced to writing shall serve as, and shall be maintained in the same manner, as an original written prescription. (B) A prescription written for a Schedule II substance for a resident of a long-term care facility may be transmitted by the practitioner or the practitioner’s agent to the pharmacy by facsimile. The facsimile which has been reduced to writing shall serve as, and shall be maintained in the same manner, as an original written prescription. (C) A prescription written for a Schedule II substance for a patient of a hospice may be transmitted by the practitioner or the practitioner’s agent to the pharmacy by facsimile. The practitioner or the practitioner’s agent shall note on the prescription that the patient is a hospice patient. The facsimile which has been reduced to writing shall serve as, and shall be maintained in the same manner, as an original written prescription. (2) Prescriptions in Schedule III, IV, or V. A pharmacist may dispense directly a controlled substance in Schedule III, IV, or V only under a written prescription signed by a practitioner or a facsimile of a written, signed prescription transmitted by the practitioner or his/her authorized agent or under an oral prescription made by an individual practitioner whether SENIOR SERVICES communicated by the practitioner or his/her authorized agent by the authorizing practitioner or the practitioner’s agent to the pharmacy. All oral prescriptions shall be promptly reduced to writing by the pharmacist containing all information required in section 195.060, RSMo, except for the signature of the practitioner. (3) Written Prescriptions. All written controlled substance prescriptions shall be signed by the prescribing practitioner on the date prescribed. No controlled substance prescription shall be signed prior to the actual date it is issued. (4) Prescriptions Transmitted by Electronic Computer Transmission. A pharmacist may dispense a controlled substance in Schedule II, III, IV, or V under a prescription transmitted from the prescribing practitioner to a pharmacy by electronic computer transmission provided that the prescription and its transmission complies with federal law regarding electronic prescriptions as found in the Code of Federal Regulations, Title 21 Part 1300 to end. The federal rules regarding electronic prescriptions are hereby incorporated by reference in this rule as published April 1, 2014, by the Office of Federal Register, National Archives and Records Administration, and are made available to the public by the U.S. Government Printing Office, 732 N. Capitol Street NW, Washington, D.C. 20401, or at www.gpoaccess.gov/cfr/. This rule does not incorporate any subsequent amendments or additions. AUTHORITY: section 195.195, RSMo Supp. 2014.* Original rule filed April 14, 2000, effective Nov. 30, 2000. Amended: Filed Jan. 29, 2015, effective July 30, 2015. *Original authority: 195.195, RSMo 1957, amended 1971, 1989, 1993.