Administrative Code

Virginia Administrative Code
6/22/2024

Part VII. Standards for Prescription Transactions

18VAC110-20-360. Issuing a copy of a prescription that can be filed or refilled.

A. Consistent with federal laws and regulations, a copy of a prescription shall be given upon request by one pharmacy to another pharmacy provided the drug can be filled or refilled pursuant to §§ 54.1-3410 and 54.1-3411 of the Code of Virginia and provided the patient has given permission for the transfer.

B. The transfer of original prescription information for a drug listed in Schedules III through VI for the purpose of dispensing is permissible between pharmacies if the transfer is communicated directly between the two pharmacies either orally by direct communication between the transferring pharmacist and the receiving pharmacist, or by facsimile machine or by electronic transmission, provided:

1. The transferring pharmacy:

a. Records the word "VOID" on the face of the invalidated prescription;

b. Records on the reverse of the invalidated prescription the name, address, and, except for a prescription for a Schedule VI drug, the DEA number of the pharmacy to which it was transferred, and, for an oral transfer, the name of the pharmacist receiving the prescription information;

c. Records the date of the transfer and, in the case of an oral transfer, the name of the pharmacist transferring the information; and

2. The receiving pharmacy:

a. Writes the word "TRANSFER" on the face of the transferred prescription.

b. Provides all information required to be on a prescription to include:

(1) Date of issuance of original prescription;

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

(3) Date of original dispensing, if applicable;

(4) Number of valid refills remaining and date of last dispensing;

(5) Pharmacy name, address, DEA registry number, except for Schedule VI prescriptions, and original prescription number from which the prescription information was transferred; and

(6) Name of transferring pharmacist, if transferred orally.

Both the original and transferred prescription shall be maintained for a period of two years from the date of last refill.

C. Nothing in this chapter shall prevent the giving of a prescription marked "For Information Only" to a patient.

D. In lieu of recording the required information in subsection B of this section on a hard copy prescription, a pharmacy may record all required information in an automated data processing system used for storage and retrieval of dispensing information in accordance with 18VAC110-20-250.

E. For prescriptions transferred between pharmacies using a common database, the pharmacy receiving the prescription shall not be required to maintain a hard copy pursuant to 18VAC110-20-240 B provided that the system used is capable of generating a hard copy of the transferred prescription upon request or except as required by federal law.

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from VR530-01-1 § 8.1, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 15, Issue 8, eff. February 3, 1999; Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-370. (Repealed.)

Historical Notes

Derived from VR530-01-1 §§ 8.2, 8.3, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 20, Issue 23, eff. August 25, 2004.

18VAC110-20-390. Kickbacks, fee-splitting, interference with supplier.

A. A pharmacy shall not solicit or foster prescription practice with a prescriber of drugs or any other person providing for rebates, kickbacks, fee-splitting, or special charges in exchange for prescription orders.

B. A pharmacy shall not interfere with the patient's right to choose his supplier of medication or cooperate with any person in denying a patient the opportunity to select his supplier of prescribed medications.

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from VR530-01-1 § 8.4, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 36, Issue 6, eff. December 11, 2019.

18VAC110-20-391. Prescription blanks.

If a pharmacy provides prescription blanks to prescribers, no advertising or other information shall be on the face of the prescription blank other than prompts for essential information required by law to be on a written prescription. Any nonessential information such as coupons or pharmacy name may be placed on the back of the prescription blank or on a separate sheet of paper, but shall not be on or attached to the face of the blank.

Statutory Authority

§ 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-395. Purchase of drugs.

Except for an emergency purchase from another pharmacy, a pharmacist may only purchase Schedule II through VI drugs from a wholesale distributor or warehouser licensed or registered by the board.

Statutory Authority

§ 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 8, eff. February 3, 1999; amended, Virginia Register Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-400. Returning of drugs and devices.

Drugs may be accepted for return or exchange by any pharmacist or pharmacy for resale in accordance with the provisions of § 54.1-3411.1 of the Code of Virginia. Devices may be accepted for return or exchange provided the device is in the manufacturer's original sealed packaging.

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from VR530-01-1 § 8.5, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 15, Issue 8, eff. February 3, 1999; Volume 19, Issue 20, eff. July 16, 2003; Volume 27, Issue 3, eff. November 10, 2010.

18VAC110-20-410. Permitted physician licensed by the board.

A. Pursuant to § 54.1-3304 of the Code of Virginia, physicians licensed by the board to dispense drugs, when pharmacy services are not reasonably available, shall be subject to the following sections of this chapter. For purposes of this section, the terms "pharmacist," "pharmacist-in-charge," "pharmacy," and "PIC" in the following shall be deemed to mean the physician permitted by the board:

1. 18VAC110-20-110 C and D;

2. 18VAC110-20-130 A;

3. 18VAC110-20-140 A and C;

4. 18VAC110-20-150 except that these requirements shall not apply to physicians licensed prior to August 25, 2004, unless the dispensing area is relocated or remodeled;

5. 18VAC110-20-160;

6. 18VAC110-20-180;

7. 18VAC110-20-190 A, B and C;

8. 18VAC110-20-200;

9. 18VAC110-20-210; and

10. 18VAC110-20-240 through 18VAC110-20-410.

B. A physician may apply for a special or limited use permit in accordance with 18VAC110-20-120.

Statutory Authority

§ 54.1-2400 and Chapters 33 (§ 54.1-3300 et seq.) and 34 (§ 54.1-3400 et seq.) of Title 54.1 of the Code of Virginia.

Historical Notes

Derived from VR530-01-1 § 8.6, eff. October 25, 1989; amended, Virginia Register Volume 9, Issue 4, eff. December 16, 1992; Volume 10, Issue 1, eff. November 4, 1993; Volume 11, Issue 21, eff. August 9, 1995; Volume 12, Issue 21, eff. August 7, 1996; Volume 20, Issue 23, eff. August 25, 2004; Volume 25, Issue 24, eff. September 2, 2009.

18VAC110-20-411. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 19, Issue 19, eff. July 2, 2003; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-412. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-413. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-414. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-415. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; amended, Virginia Register Volume 20, Issue 23, eff. August 25, 2004; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-416. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 7, 1996; repealed, Virginia Register Volume 24, Issue 8, eff. January 23, 2008.

18VAC110-20-417. (Reserved.). (Reserved)

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996.

18VAC110-20-418. Continuous quality improvement programs.

A. Notwithstanding practices constituting unprofessional practice indicated in 18VAC110-20-25, any pharmacy that actively reports dispensing errors and the analysis of such errors to a patient safety organization consistent with § 54.1-3434.03 of the Code of Virginia and 18VAC110-20-10 shall be deemed in compliance with this section. A record indicating the date a report was submitted to a patient safety organization shall be maintained for 12 months from the date of reporting. If no dispensing errors have occurred within the past 30 days, a zero report with date shall be recorded on the record.

B. Pharmacies not actively reporting to patient safety organizations, consistent with § 54.1-3434.03 and 18VAC110-20-10, shall implement a program for continuous quality improvement in compliance with this section.

1. Notification requirements:

a. A pharmacy intern or pharmacy technician who identifies or learns of a dispensing error shall immediately notify a pharmacist on duty of the dispensing error.

b. A pharmacist on duty shall appropriately respond to the dispensing error in a manner that protects the health and safety of the patient.

c. A pharmacist on duty shall immediately notify the patient or the person responsible for administration of the drug to the patient and communicate steps to avoid injury or mitigate the error if the patient is in receipt of a drug involving a dispensing error, that may cause patient harm or affect the efficacy of the drug therapy. Additionally, reasonable efforts shall be made to determine if the patient self-administered or was administered the drug involving the dispensing error. If it is known or reasonable to believe the patient self-administered or was administered the drug involving the dispensing error, the pharmacist shall immediately assure that the prescriber is notified.

2. Documentation and record requirements; remedial action:

a. Documentation of the dispensing error must be initiated as soon as practical, not to exceed three days from identifying the error. Documentation shall include, at a minimum, a description of the event that is sufficient to allow further investigation, categorization, and analysis of the event.

b. The pharmacist-in-charge or designee shall perform a systematic, ongoing analysis, as defined in 18VAC110-20-10, of dispensing errors. An analysis of each dispensing error shall be performed within 30 days of identifying the error.

c. The pharmacist-in-charge shall inform pharmacy personnel of changes made to pharmacy policies, procedures, systems, or processes as a result of the analysis.

d. Documentation associated with the dispensing error need only to be maintained until the systematic analysis has been completed. Prescriptions, dispensing information, and other records required by federal or state law shall be maintained accordingly.

e. A separate record shall be maintained and available for inspection to ensure compliance with this section for 12 months from the date of the analysis of dispensing errors and shall include the following information:

(1) Dates the analysis was initiated and completed;

(2) Names of the participants in the analysis;

(3) General description of remedial action taken to prevent or reduce future errors; and

(4) A zero report with date shall be recorded on the record if no dispensing errors have occurred within the past 30 days.

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996; amended Virginia Register Volume 31, Issue 7, eff. December 31, 2014.

18VAC110-20-419. (Reserved.). (Reserved)

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 12, Issue 21, eff. August 2, 1996.

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