Plain Text Law

Regulation .02 Requirements for Prescription Validity.

Regulation .02 Requirements for Prescription Validity.Copy Citation

A.
A valid prescription shall be:
(1)
Valid in the professional judgment of the pharmacist responsible for filling the prescription; and
(2)
Conveyed:
(a)
In a manner that contains the handwritten, pen-to-paper signature of the prescriber;
(b)
In a manner that is transmitted to the pharmacy electronically, provided that the prescription is:
(i)
Transmitted via electronic intermediaries that are certified by the Maryland Health Care Commission;
(ii)
Received by the permit holder’s computer, facsimile machine, or other electronic device; and
(iii)
Maintained by the permit holder in accordance with Regulation .03 of this chapter; or
(c)
In an oral manner where:
(i)
Only a pharmacist may take an original oral prescription by a voice messaging system or by phone with the pharmacist reading back the prescription to the prescriber or the prescriber’s agent; and
(ii)
The pharmacist promptly reduces the oral prescription to writing.
B.
The requirement of §A(2)(b)(i) of this regulation does not apply to prescriptions transmitted electronically within:
(1)
A closed system of a group model health maintenance organization as defined in Health-General Article, §19-713.6, Annotated Code of Maryland; or
(2)
Any other closed system that does not utilize an intermediary for transmission of prescriptions.