Phar 7.05(1) (1) A computerized system may be used for maintaining a record, as required under this section, of prescription dispensing and transfers of prescription order information for the purposes of original or refill dispensing if the system:
Phar 7.05(1)(a) (a) Is capable of producing a printout of any prescription data which the user pharmacy is responsible for maintaining. The system shall be designed so that the pharmacy can receive the printout within 48 hours after requesting the printout.
Phar 7.05(1)(b) (b) Is equipped with an auxiliary procedure which, during periods of down-time, shall be used for documentation of prescription dispensing. The auxiliary procedure shall ensure that prescription refills are authorized by the original prescription order, that the maximum number of prescription refills has not been exceeded and that all of the appropriate data are retained for on-line entry as soon as the computer system is again available for use.
Phar 7.05(1m) (1m) A record of all prescriptions dispensed shall be maintained for a period of 5 years after the date of the last refill.
Phar 7.05(2) (2) All systems used for maintaining a record of any prescription dispensing shall include:
Phar 7.05(2)(a) (a) Patient's identification.
Phar 7.05(2)(b) (b) Name, strength and dosage form of the drug product dispensed.
Phar 7.05(2)(c) (c) Quantity dispensed.
Phar 7.05(2)(d) (d) Date of all instances of dispensing.
Phar 7.05(2)(e) (e) Practitioner's identification.
Phar 7.05(2)(f) (f) Pharmacist's identification.
Phar 7.05(2)(g) (g) Retrieval designation.
Phar 7.05 History History: Cr. Register, January, 1983, No. 325, eff. 2-1-83; cr. (5), Register, September, 1987, No. 381, eff. 10-1-87; CR 00-165: am. (3) (a) (intro.), (b) 6., (c), (5) and (6) (intro.), r. (3) (b) 4., cr. (3) (b) 8., Register July 2001, No. 547 eff. 8-1-01; CR 05-078: rn. (1) and (6) to be (1m) and (1) and am. (1) (intro.), (b) and (1m), r. (3) to (5) Register January 2006 No. 601, eff. 2-1-06.
Phar 7.055 Phar 7.055 Transfer of prescription order information.
Phar 7.055(1)(1) General requirements. A pharmacist may transfer prescription order information between pharmacies licensed in this state or another state, for the purpose of original or refill dispensing, if all of the following conditions are satisfied:
Phar 7.055(1)(a) (a) The transfer is communicated directly between 2 pharmacists either by verbal transfer or by a computer system transfer meeting the requirements of sub. (4). Communication by facsimile machine is not allowed unless the prescription order information being transferred is verified verbally between 2 pharmacists.
Phar 7.055(1)(b) (b) A computer system used to record a verbal transfer of prescription order information for a non-controlled substance meets the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(1)(c) (c) The pharmacist receiving the verbal transfer of prescription order information for either a controlled or a non-controlled substance records the transferred information in writing unless a computer system transfer meeting the requirements of sub. (4) is used.
Phar 7.055(1)(d) (d) All original and transferred prescription orders are maintained for a period of 5 years from the date of the last refill.
Phar 7.055(1)(e) (e) A written copy of any prescription order for a prescribed drug provided by a pharmacist is identified in writing as "COPY – FOR INFORMATION ONLY." No prescribed drug may be dispensed based on an information copy.
Phar 7.055(1)(f) (f) A pharmacist making or receiving a transfer of prescription order information is licensed in the state in which he or she performs an act required by this section.
Phar 7.055(2) (2)Non-controlled substances. The transfer of prescription order information for non-controlled substances for the purposes of original or refill dispensing is permissible pursuant to the following requirements:
Phar 7.055(2)(a) (a) The pharmacist making the transfer records the following information:
Phar 7.055(2)(a)1. 1. The word "VOID" is written on the face of the invalidated prescription order or recorded in a similar manner to "VOID" on a prescription order in a computer system meeting the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(2)(a)2. 2. The name and address of the pharmacy to which it was transferred, the name of the pharmacist receiving the prescription order, the date and the name of the pharmacist transferring the information are recorded on the reverse side of the invalidated prescription order or in a computer system meeting the requirements of s. Phar 7.05 (1) (a) and (b).
Phar 7.055(2)(a)3. 3. A transfer of prescription order information for a non-controlled substance for the purposes of refill dispensing is limited to the number of authorized refills.
Phar 7.055(2)(b) (b) The pharmacist receiving the transferred prescription order information shall record in writing the following:
Phar 7.055(2)(b)1. 1. The word "TRANSFER" on the face of the transferred prescription order.
Phar 7.055(2)(b)2. 2. The name and address of the patient, the name and address of the prescribing practitioner, and the name and quantity and dosage form of the drug product or device prescribed and the directions for use.
Phar 7.055(2)(b)3. 3. The date of issuance of the original prescription order.
Phar 7.055(2)(b)4. 4. The original number of refills authorized on the original prescription order.
Phar 7.055(2)(b)5. 5. The date of original dispensing if the prescription order has previously been dispensed.
Phar 7.055(2)(b)6. 6. The number of valid refills remaining and the date of the last refill.
Phar 7.055(2)(b)7. 7. The pharmacy's name, address, and the prescription order number from which the prescription order information was transferred.
Phar 7.055(2)(b)8. 8. The name of the pharmacist making the transfer.
Phar 7.055(2)(b)9. 9. The name, address and telephone number of the pharmacy from which the original prescription order was transferred if different than subd. 7.
Phar 7.055(3) (3)Controlled substances. The transfer of prescription order information for controlled substances for the purposes of refill dispensing is permissible pursuant to the following requirements:
Phar 7.055(3)(a) (a) The transfer of prescription order information is permissible only on a one time basis unless a computer system meeting the requirements of sub. (4) is used.
Phar 7.055(3)(b) (b) If a computer system meeting the requirements of sub. (4) is used, a transfer of prescription order information for the purposes of refill dispensing is limited to the number of authorized refills.
Phar 7.055(3)(c) (c) Unless a computer system meeting the requirements of sub. (4) is used, the pharmacist making the transfer shall record in writing the following information:
Phar 7.055(3)(c)1. 1. The word "VOID" is written on the face of the invalidated prescription order.
Phar 7.055(3)(c)2. 2. The name, address and DEA registration number of the pharmacy to which it was transferred, the name of the pharmacist receiving the prescription order and the date and the name of the pharmacist transferring the information are recorded on the reverse side of the invalidated prescription order.
Phar 7.055(3)(d) (d) Unless a computer system meeting the requirements of sub. (4) is used, the pharmacist receiving the transferred prescription order information shall record in writing the following information:
Phar 7.055(3)(d)1. 1. The word "TRANSFER" on the face of the transferred prescription order.
Phar 7.055(3)(d)2. 2. The name and address of the patient, the name, address and DEA number of the prescribing practitioner, and the name and quantity and dosage form of the drug product or device prescribed and the directions for use.
Phar 7.055(3)(d)3. 3. The date of issuance of the original prescription order.
Phar 7.055(3)(d)4. 4. The original number of refills authorized on the original prescription order.
Phar 7.055(3)(d)5. 5. The date of original dispensing.
Phar 7.055(3)(d)6. 6. The number of valid refills remaining and the dates and locations of previous refills, if applicable.
Phar 7.055(3)(d)7. 7. The name, address, telephone number, DEA registration number and prescription order number of the pharmacy from which the prescription order information was transferred if different from the pharmacy from which the prescription order was originally dispensed.
Phar 7.055(3)(d)8. 8. The name of the pharmacist making the transfer.
Phar 7.055(3)(d)9. 9. The name, address, telephone number, DEA registration number and prescription order number of the pharmacy from which the prescription order was originally dispensed.
Phar 7.055(4) (4)Use of computer system. A computer system used for transferring prescription order information shall, in addition to meeting the requirements of s. Phar 7.05 (1) (a) and (b), contain a common central processing unit electronically sharing a real-time, on-line database to which both the transferring and receiving pharmacy have access.
Phar 7.055 History History: CR 05-078: cr. Register January 2006 No. 601, eff. 2-1-06.
Phar 7.055 Note Note: See the table of Appellate Court Citations for Wisconsin appellate cases citing s. Phar 7.055.
Phar 7.065 Phar 7.065 Answering machines in pharmacies. Oral prescription orders may be received at a pharmacy via a telephone answering device and dispensed by the pharmacist if the voice of the physician or physician's agent is known to the pharmacist, and provided other requirements of reducing the prescription order to writing, labeling and filing are met.
Phar 7.065 History History: Cr. Register, December, 1998, No. 516, eff. 1-1-99.
Phar 7.07 Phar 7.07 Medication profile record system.
Phar 7.07(1) (1) An individual medication profile record system shall be maintained in all pharmacies for persons for whom prescriptions, original or renewal, are dispensed for outpatient use. The system shall be capable of permitting the retrieval of information. The system need not be limited to individual medication profile records.
Phar 7.07(2) (2) The following minimum information shall be retrievable:
Phar 7.07(2)(a) (a) Patient name, or other identifying information.
Phar 7.07(2)(b) (b) Address of the patient.
Phar 7.07(2)(c) (c) Birth date of the patient if obtainable.
Phar 7.07(2)(d) (d) Name of the drug product dispensed.
Phar 7.07(2)(e) (e) Strength of the drug product dispensed.
Phar 7.07(2)(f) (f) Dosage form of the drug product dispensed.
Phar 7.07(2)(g) (g) Quantity of the drug product dispensed.
Phar 7.07(2)(h) (h) Directions for use.
Phar 7.07(2)(i) (i) Retrieval designation assigned to the prescription order.
Phar 7.07(2)(j) (j) Date of all instances of dispensing, for original and renewal prescriptions.
Phar 7.07(2)(k) (k) Practitioner identification.
Phar 7.07 Note Note: This subsection incorporates renewal dispensing information required by federal law (21 CFR 1306.22) and state law (s. 450.11 (5), Stats.).
Phar 7.07(3) (3) The pharmacist shall be responsible for attempting to ascertain and record any patient allergies, adverse drug reactions, drug idiosyncrasies, and any chronic conditions which may affect drug therapy as communicated by the patient or agent of the patient. If none, this should be indicated.
Phar 7.07(4) (4) At the time a prescription order is reviewed by the pharmacist for dispensing, the pharmacist shall review the medication profile record of the patient for the previously dispensed medication history and shall determine whether the prescription order presented should be dispensed.
Phar 7.07(5) (5) Medication profile records, if used as the only documentation of renewal dispensing, shall be maintained for a period of not less than 5 years following the date of the last entry. If the profile records are not used as the only documentation of renewal dispensing they shall be maintained for a period of not less than 1 year from the date of the last entry.
Phar 7.07 History History: Cr. Register, January, 1989, No. 397, eff. 2-1-89; renum. from Phar 7.08, Register, August, 1991, No. 428, eff. 9-1-91; am. (1), Register, December, 1998, No. 516, eff. 1-1-99.
Phar 7.08 Phar 7.08 Prescription orders transmitted electronically.
Phar 7.08(1)(1) Except as provided in s. 453.068 (1) (c) 4., Stats., and as otherwise prohibited by law, prescription orders may be accepted and dispensed if they have been transmitted electronically from a practitioner or his or her designated agent to a pharmacy via computer modem or other similar electronic device. Prescription orders transmitted by facsimile machine are not considered electronic prescription orders; but rather, written prescription orders.
Phar 7.08 Note Note: Prescription orders for schedule II controlled substances may not be transmitted electronically except as emergency orders, subject to the same requirements for oral emergency orders for schedule II controlled substances. See s. 961.38 (1r) and (2), Stats., and s. Phar 8.09.
Phar 7.08(2) (2) A pharmacist may dispense a prescription pursuant to a prescription order transmitted electronically, if the pharmacist assures the prescription order does all of the following:
Phar 7.08(2)(a) (a) Was sent only to the pharmacy of the patient's choice and only at the option of the patient, with no intervening person or third party having access to the prescription order other than to forward it to the pharmacy.
Phar 7.08(2)(b) (b) Identifies the individual sender's name and telephone number for oral confirmation, the time and date of transmission, and the pharmacy intended to receive the transmission.
Phar 7.08(2)(c) (c) Is designated "electronically transmitted prescription", or with similar words or abbreviations to that effect.
Phar 7.08(2)(d) (d) Contains all other information that is required in a prescription order.
Phar 7.08(3) (3) The prescribing practitioner's electronic signature, or other secure method of validation shall be provided with a prescription order electronically transmitted via computer modem or other similar electronic device.
Phar 7.08(4) (4) Any visual or electronic document received in connection with an electronically transmitted prescription order shall be accessible only within the professional service area of the pharmacy to protect patient confidentiality and assure security.
Phar 7.08(5) (5) A pharmacist who receives a prescription order electronically shall ensure the security, integrity and confidentiality of the prescription order and any information contained in the order. To maintain the confidentiality of patient records, the electronic system shall have adequate security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of patient records. Once the prescription has been dispensed, any alterations in prescription order drug data shall be documented including the identification of the pharmacist responsible for the alteration.
Phar 7.08(6) (6) Access to the electronic mail system for the receipt of prescription orders electronically may only be acquired by use of a password or passwords, known only to individuals authorized to access the system.
Phar 7.08(7) (7) A pharmacist may not use any electronic device to circumvent his or her responsibilities with regard to documenting, authenticating and verifying prescription orders or in order to circumvent other pharmacy laws.
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