Section 856IAC1-31-2. Use of a facsimile machine to electronically transmit a prescription or drug order

   Prescription or drug orders for legend drugs, including schedules II through V substances, may be transmitted by facsimile machine from an authorized prescribing practitioner or an authorized employee or agent of the individual practitioner to a pharmacy under the following restrictions:

(1) A prescription or drug order for a schedule II controlled substance may be transmitted to a pharmacy via facsimile equipment, provided the original written, signed prescription or drug order is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except as noted in subdivision (2) or (3).

(2) A prescription or drug order prepared in accordance with 856 IAC 2-6-4 written for a schedule II narcotic substance to be compounded for the direct administration to a patient in a private residence, long-term care facility, or hospice setting by means of:

(A) parenteral;

(B) intravenous;

(C) intramuscular;

(D) subcutaneous; or

(E) intraspinal;

infusion may be transmitted by facsimile.

(3) A prescription or drug order prepared in accordance with 856 IAC 2-6-4 written for a schedule II substance for a resident of a long-term care facility licensed under 410 IAC 16.2-3.1 may be transmitted to the dispensing pharmacy by facsimile.

(4) A prescription or drug order prepared in accordance with 856 IAC 2-6-4 written for a schedule II narcotic substance for a patient enrolled in a hospice program, inpatient or outpatient, certified by Medicare under Title XVIII or licensed by Indiana may be transmitted to the dispensing pharmacy by facsimile. The practitioner or the practitioner's agent will note on the prescription or drug order that the patient is a hospice patient.

(5) The receiving facsimile machine must be located in the nonpublic area of the licensed pharmacy to protect patient/pharmacist/authorizing prescribing practitioner confidentiality and security as required by IC 25-26-13-15.

(6) Using facsimile equipment to circumvent documentation, authenticity, verification, or other standards of the profession of pharmacy as defined by IC 25-26-13 or this title will be considered professional incompetence under IC 25-1-9.

(Indiana Board of Pharmacy; 856 IAC 1-31-2; filed Mar 31, 1992, 5:00 p.m.: 15 IR 1390; filed Aug 17, 1995, 8:30 a.m.: 19 IR 39; filed May 26, 2000, 8:52 a.m.: 23 IR 2502; filed May 10, 2001, 9:22 a.m.: 24 IR 3067; readopted filed Nov 13, 2001, 3:55 p.m.: 25 IR 1330; readopted filed Oct 4, 2007, 3:33 p.m.: 20071031-IR-856070060RFA; filed Jun 19, 2013, 10:06 a.m.: 20130717-IR-856120619FRA; readopted filed Nov 25, 2013, 9:24 a.m.: 20131225-IR-856130308RFA)