N.J. Admin. Code § 13:39-7.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:39-7.8 - Transfer of prescriptions between pharmacies

(a) When a patient, the patient's caregiver, or a pharmacy acting on behalf of a patient or caregiver requests the transfer of a valid prescription between pharmacies, a pharmacy, the registered pharmacist-in-charge, and the pharmacist who receives the request for transfer shall immediately comply with the patient's request. For purposes of this section, "immediately" shall not exceed four hours.

(b) Except as provided in (c) and (d) below, a prescription may be transferred between pharmacies, consistent with this section, for one year from the date the prescription was written, provided refills of the prescription are available.

(c) A prescription for a Schedule II controlled substances may not be transferred.

(d) A prescription for a Schedule III, IV, or V controlled substance may be transferred between pharmacies pursuant to N.J.A.C. 13:45H-7.18. A prescription for a Schedule III, IV, or V controlled substance that has been transferred shall not be transferred a second time. This prohibition shall not apply to the transfer of such prescriptions between pharmacies engaged in central prescription handling pursuant to N.J.A.C. 13:39-4.18(e) and to pharmacies that share a real-time, online database consistent with the requirements of 21 CFR 1306.25.

(e) A prescription may be transferred between pharmacies for the purpose of refill dispensing by telephone, or by facsimile or electronic means as provided in 13:39-7.10 and 7.11, provided that:

1. The sending pharmacy invalidates the prescription on file as of the date the prescription is transferred and records on the back of the invalidated prescription order or in the electronic system the following:

i. That the prescription has been transferred and the date of transfer;

ii. The name and address or store identifier of the pharmacy to which the prescription was transferred;

iii. The name or personal identifier of the pharmacist, intern or extern to whom the prescription was transferred; and

iv. The initials or personal identifier of the pharmacist, intern, or extern issuing the transferred prescription order;

2. The receiving pharmacy, upon receiving such prescription directly from another pharmacy, records the following:

i. The name and address or store identifier and original prescription number of the pharmacy from which the prescription was transferred;

ii. The name or personal identifier of the sending pharmacist, intern or extern;

iii. All information constituting a prescription order, as well as the following:

(1) Date of issuance of original prescription;

(2) Original number of refills authorized on original prescription;

(3) Number of valid refills remaining; and

(4) Date the prescription was last filled; and

3. The pharmacist, intern, extern, or technician at the receiving pharmacy informs the patient or caregiver that the original prescription has been cancelled at the sending pharmacy.

N.J. Admin. Code § 13:39-7.8

Amended by 49 N.J.R. 3761(a), effective 12/4/2017