32-1968

32-1968. Dispensing prescription-only drug;
prescription orders; refills; labels; misbranding; dispensing soft
contact lenses

A. A prescription-only drug shall be dispensed only under one of the following
conditions:

1. By a medical practitioner in conformance with section 32-1921.

2. On a written prescription order bearing the prescribing medical practitioner's
manual signature.

3. On an electronically transmitted prescription order containing the prescribing
medical practitioner's electronic or digital signature that is reduced promptly to
writing and filed by the pharmacist.

4. On a written prescription order generated from electronic media containing the
prescribing medical practitioner's electronic or manual signature. A prescription order
that contains only an electronic signature must be applied to paper that uses security
features that will ensure the prescription order is not subject to any form of copying or
alteration.

5. On an oral prescription order that is reduced promptly to writing and filed by
the pharmacist.

6. By refilling any written, electronically transmitted or oral prescription order
if a refill is authorized by the prescriber either in the original prescription order, by
an electronically transmitted refill order that is documented promptly and filed by the
pharmacist or by an oral refill order that is documented promptly and filed by the
pharmacist.

7. On a prescription order that the prescribing medical practitioner or the
prescribing medical practitioner's agent transmits by fax or electronic mail.

8. On a prescription order that the patient transmits by fax or by e-mail if the
patient presents a written prescription order bearing the prescribing medical
practitioner's manual signature when the prescription-only drug is picked up at the
pharmacy.

B. A prescription order shall not be refilled if it is either:

1. Ordered by the prescriber not to be refilled.

2. More than one year since it was originally ordered.

C. A prescription order shall contain the date it was issued, the name and address
of the person for whom or owner of the animal for which the drug is ordered, refills
authorized, if any, the legibly printed name, address and telephone number of the
prescribing medical practitioner, the name, strength, dosage form and quantity of the
drug ordered and directions for its use.

D. Any drug dispensed in accordance with subsection A of this section is exempt
from the requirements of section 32-1967, except subsection A, paragraphs 1, 10 and 11
and the packaging requirements of subsection A, paragraphs 7 and 8, if the drug container
bears a label containing the name and address of the dispenser, serial number, date of
dispensing, name of the prescriber, name of the patient, or, if an animal, the name of
the owner of the animal and the species of the animal, directions for use and cautionary
statements, if any, contained in the order. This exemption does not apply to any drug
dispensed in the course of the conduct of a business of dispensing drugs pursuant to
diagnosis by mail or the internet or to a drug dispensed in violation of subsection A of
this section.

E. The board by rule also may require additional information on the label of
prescription medication that the board believes to be necessary for the best interest of
the public's health and welfare.

F. A prescription-only drug or a controlled substance that requires a prescription
order is deemed to be misbranded if, at any time before dispensing, its label fails to
bear the statement "Rx only". A drug to which subsection A of this section does not apply
is deemed to be misbranded if, at any time before dispensing, its label bears the caution
statement quoted in this subsection.

G. A pharmacist may fill a prescription order for soft contact lenses only as
provided in this chapter.