1140-03-.03
Medical And Prescription Orders
Cite as Tenn. Comp. R. & Regs. 1140-03-.03
(1)
To the extent that a medical order contains an order for the compounding, dispensing or
administration of a prescription drug or device or related material, the medical order shall be
treated as a prescription order. Written medical and prescription orders must be signed by
the prescriber. Verbal medical and prescription orders must be immediately reduced to
writing (by hand or other means), dated, and initialed by the authorized individual accepting
the medical and prescription orders.
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CHAPTER 1140-03
(2)
Each medical and prescription order when dispensed shall be serially numbered, filed
numerically and maintained so as to be readily retrievable at the pharmacy practice site for at
least two (2) years from the date the medical and prescription order was last dispensed.
Institutional pharmacies shall not be required to serially number medical and prescription
orders dispensed for administration to inpatients of that institution.
(3)
A pharmacist upon initial dispensing of a medical or prescription order shall record on that
medical or prescription order: the date such medical or prescription order was dispensed, the
pharmacist’s initials, and the amount of any product dispensed. If the pharmacist merely
initials and dates a medical or prescription order the pharmacist shall be deemed to have
dispensed the full face amount of the medical or prescription order.
(4)
A pharmacist upon refilling a medical or prescription order shall enter on the back of that
medical or prescription order: the date such medical or prescription order was refilled, the
pharmacist’s initials, and the amount of any product dispensed on such refill. If the
pharmacist merely initials and dates the back of the medical or prescription order the
pharmacist shall be deemed to have dispensed a refill for the full face amount of the medical
or prescription order. As an alternative to recording refill information on the back of medical
and prescription orders, an automated data processing system may be used for the storage
and retrieval of refill information for medical and prescription orders, subject to the following
conditions:
(a)
Any such computerized system must provide on-line retrieval (via CRT display or hard-
copy printout) of the original medical or prescription order information and the complete
refill history of all medical and prescription orders which are currently authorized for
refilling. This shall include all the information contained in and required to be entered
on each such medical or prescription order. This data must include at least the medical
or prescription order serial number; date of issuance of the medical or prescription
order; patient’s name (and address on controlled substance medical and prescription
orders); prescriber’s name (and address and DEA registration number on controlled
substance medical and prescription orders); product name, strength, dosage form, and
quantity prescribed; directions for use, and labeling instructions; refill instructions; and
the date of dispensing, quantity dispensed, and identity (name, initials, or identification
code) of the dispensing pharmacist for the original dispensing and each refill.
(b)
Each individual pharmacist using a computerized system in the refilling of a medical or
prescription order shall certify that the information entered into the computer for such a
refill is correct by verifying, dating, and signing a hard-copy printout of each day’s
medical or prescription order refill data, or in lieu of such a printout, by signing a
statement in a book or file each day attesting that the refill information entered that day
has been reviewed by the pharmacist and is correct as shown. Such documentation
shall be separately maintained at the pharmacy practice site for at least two (2) years
from the date of the last dispensing.
(c)
Any such computerized system shall have the capability of producing a hard-copy
printout of any medical or prescription order refill data which the pharmacy practice site
is responsible for maintaining under the laws and/or regulations of this state and/or the
federal government. (This would, for example, furnish a medical or prescription order-
by-medical or prescription order, refill-by-refill audit trail for any specified strength and
dosage form of any prescription drug and device, by either brand or generic name or
both.) Such a printout must include: the medical or prescription order serial number;
patient’s name (and address on controlled substance medical and prescription orders);
name of prescriber; name, strength, and dosage form of the product; and the date of
each refill, quantity dispensed on each refill, and the name or identification code of the
dispensing pharmacist. Controlled substance data contained on such a printout must
STANDARDS OF PRACTICE
CHAPTER 1140-03
be separated, asterisked, or in some other manner visually identifiable apart from other
items appearing on the printout. Any computerized system employed by a pharmacy
practice site must, upon the request of an authorized representative of the board, send
or provide such a printout to the pharmacy practice site within forty-eight (48) hours
excluding weekends (Saturdays and Sundays) and legal holidays.
(d)
In the event that a pharmacy practice site which utilizes such a computerized system
experiences system down-time, the pharmacy practice site must have a written or
readily retrievable auxiliary policy and procedure which will be used for documentation
of refills of all medical and prescription orders. This auxiliary procedure must ensure
that each refill is authorized, and that all appropriate data is retained for on-line data
entry as soon as the computer system is available for use again.
(e)
Each pharmacy practice site and pharmacist using such a computerized system must
comply with the provisions of paragraphs one (1) and two (2) of this rule. In addition,
the requirements of paragraph three (3) of this rule shall apply, unless this initial
dispensing data is included on the printout required by subparagraph four (4)(b) of this
rule, and is identified as pertaining to the initial dispensing.
(5)
A pharmacist may dispense an appropriately authorized refill of a medical or prescription
order by referral to a patient profile (medication record) instead of the original medical or
prescription order on file at that pharmacy practice site, subject to the following conditions:
(a)
The patient profile must contain all the information contained in and required to be
entered on the original medical or prescription order, including the complete refill
history of that medical or prescription order. This data includes the medical or
prescription order serial number; date of issuance of the medical or prescription order;
name of patient; name of the prescriber; product name; strength; dosage form, and
quantity prescribed; directions for use, and labeling instructions; refill instructions; and
the date of dispensing, quantity dispensed, and initials of the dispensing pharmacist for
the original dispensing and each refill. Dispensing data must be identified as to whether
it pertains to the original dispensing or to a refill.
(b)
Controlled substance data contained on the patient profile must be asterisked, redlined,
or in some other manner visually identifiable apart from other items appearing on the
profile.
(c)
The patient profile system must contain a complete and accurate record of the refill
history of all medical and prescription orders dispensed at the pharmacy practice site.
(This record will constitute compliance with the provisions of paragraph four (4) of this
rule.)
(d)
Each such profile must be maintained so as to be readily retrievable at the pharmacy
practice site for at least two (2) years from the date of the last dispensing recorded on
the profile.
(e)
A pharmacist dispensing a medical or prescription order by referral to a patient profile
in so doing certifies as to the accuracy and validity of the information contained on the
patient profile.
(f)
Each pharmacy practice site and pharmacist using such a patient profile system must
comply with the provisions of paragraphs one (1) and two (2) of this rule. In addition,
the requirements of paragraph three (3) of this rule shall obtain, unless the patient
profile system contains a record of this initial dispensing information for all medical and
prescription orders dispensed at the pharmacy practice site.
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CHAPTER 1140-03
(6)
No pharmacist, or pharmacy intern or pharmacy technician under the supervision of a
pharmacist, shall compound or dispense any medical or prescription order except upon the
following conditions:
(a)
All medical and prescription orders shall be compounded and dispensed in strict
conformity with any directions of the prescriber. Nothing in this rule shall prohibit a
pharmacist from substituting a therapeutically equivalent prescription drug or device or
related material containing the same active ingredient or ingredients, dosage form and
strength;
(b)
No medical or prescription order shall be refilled if it contains a statement over the
signature of the prescriber that it is not to be refilled, and a medical or prescription
order shall not be refilled unless so authorized by the prescriber;
(c)
If any medical or prescription order contains a statement that it may be refilled a
specified number of times within or during any particular period, such order shall be
refilled in strict conformity with such statement; and
(d)
If a prescription contains a statement that during any particular time it may be refilled at
will, the order shall be refilled in strict conformity to dosage directions, with the
exception that it may not be refilled after the expiration of the time specified or one (1)
year from the date the order was originally issued or dispensed, whichever comes first.
(e)
At a rate, based on the actual number of medical and prescription orders compounded
and dispensed per hour or per day, that does not pose a danger to the public health,
safety or welfare.
(7)
Copies of Medical and Prescription Orders.
(a)
Copies of medical and prescription orders issued directly to the patient by the
pharmacy practice site where the order was originally compounded and dispensed
pursuant to the receipt of the order shall bear on the face thereof, in letters red in color
and equal in size to those describing the prescription drug or device or related material,
the statement: “Copy for Information Only.” Presentation of an informational written
copy or label of a dispensing container shall be for information purposes only and have
no legal status as a valid medical or prescription order. The recipient pharmacist of
such copy or label shall contact the prescriber or transferor pharmacy practice site and
obtain all information required by this rule, which is the same as obtaining an original
medical or prescription order;
(b)
Medical and prescription orders shall be transferred between pharmacy practice sites
for the purpose of compounding and dispensing provided that the transferee, upon
receiving such order directly from the transferor, records the following:
1.
The name, address and original medical or prescription order serial number at
the pharmacy practice site from which the order was transferred;
2.
The name of the transferor; and
3.
All information constituting a medical or prescription order including the following:
(i)
Date the order was originally issued and dispensed;
(ii)
Original number of refills authorized on the original order;
(iii)
Date of last dispensing; and
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CHAPTER 1140-03
(iv)
Number of valid refills remaining.
(c)
The transferee informs the patient that the original medical or prescription order has
been canceled at the pharmacy practice site from which it was obtained.
(d)
Computerized systems must satisfy all information requirements.
(e)
The transfer of schedule III, IV, V, controlled substances are subject to the conditions
set forth in 21 C.F.R. 1306.25.
(8)
It is permissible for any pharmacy practice site, pharmacist, or pharmacy intern or pharmacy
technician under the supervision of a pharmacist, or any other place of business engaged in
compounding and dispensing prescription drugs and devices and related materials for human
consumption to receive from any patient or other person the return of any portion of an order
that has been taken from the premises of the pharmacy practice site or other place of
business, only if authorized:
(a)
Pursuant to Tennessee Board of Pharmacy rule 1140-04-.10; or
(b)
For the purpose of collection for disposal or destruction of any prescription drug;
provided that participation in the program shall be voluntary, and such collection and
destruction shall be conducted in accordance with the provisions of 21 CFR § 1317.
(9)
Medical and prescription orders cannot be accepted, solicited, collected or advertised at any
location other than a pharmacy practice site for which a license has been issued by the
Board, and such pharmacy practice site shall be actively engaged in compounding and
dispensing medical and prescription orders. An entity or other non-licensed site which does
not dispense drugs directly to patients may accept, solicit, and collect prescriptions for the
purpose of medication therapy management or other consultative services related to drug
therapy and patient care.
(10) Medical and prescription orders typed or printed must be signed by the prescriber. Oral
medical and prescription orders shall be initialed by the authorized individual accepting the
order.