# COMAR Title 10 — Maryland Department of Health

## Subtitle 34 — Board of Pharmacy

### Chapter 20 — Format of Prescription Transmission

**Authority:** Health Occupations Article, §12-205(a)(3)(ii), Annotated Code of Maryland

**Administrative History:** Effective date: December 24, 1990 (17:25 Md. R. 2908)

**Administrative History:** Regulation .03 amended effective December 18, 1995 (22:25 Md. R. 1962)

**Administrative History:** Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1962)

**Administrative History:** Regulation .05 adopted effective December 18, 1995 (22:25 Md. R. 1962)

**Administrative History:** Regulations .01—.05, Prescription Orders Submitted by Facsimile Devices, repealed and Regulations .01—.04, Format of Prescription Transmission, adopted effective December 25, 2000 (27:25 Md. R. 2282)

**Administrative History:** Regulation .01 amended effective October 4, 2010 (37:20 Md. R. 1394)

**Administrative History:** Regulation .02 amended effective October 4, 2010 (37:20 Md. R. 1394)

**Administrative History:** Regulation .03 amended effective October 4, 2010 (37:20 Md. R. 1394)

**Administrative History:** Regulation .04 amended effective October 4, 2010 (37:20 Md. R. 1394)

#### Regulation .01 Scope.

*COMAR 10.34.20.01*

This chapter applies to the conveyance or transmission of prescription orders from authorized prescribers to pharmacies in the State.

#### Regulation .02 Requirements for Prescription Validity.

*COMAR 10.34.20.02*

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.

#### Regulation .03 Prescription Records.

*COMAR 10.34.20.03*

The pharmacy permit holder shall maintain prescription records in a form that:

A. Is readily and accurately retrievable;

B. Is maintained for at least 5 years from the date of dispensing; and

C. Protects the confidentiality and security of the prescription information.

#### Regulation .04 Controlled Dangerous Substances.

*COMAR 10.34.20.04*

Transmission and dispensing of controlled dangerous substances shall be in accordance with applicable State and federal statutes and regulations.