OAR 855-041-1105: Prescriptions: General Requirements

Each Drug Outlet Pharmacy must ensure that: (1) Prescriptions, prescription refills, and drug orders are dispensed: (a) Accurately; (b) To the correct party; (c) Pursuant to a valid prescription; (d) Pursuant to a valid patient-practitioner relationship; (e) For a legitimate medical purpose; and (f) In accordance with the prescribing practitioner's authorization. (2) The following information is required for each new or refilled prescription drug or device: (a) The name and date of birth of the patient for whom the drug is prescribed, unless for an animal. If for an animal, the name of the patient, name of the owner and the species of the animal; (b) The full name and contact phone number of the prescriber and, in the case of controlled substances, the address and the Drug Enforcement Administration registration number of the practitioner; (c) The name, strength, dosage form of the substance, quantity prescribed and, if different from the quantity prescribed, the quantity dispensed; (d) The directions for use; (e) The date of issuance and, if different from the date of issuance, the date of filling; (f) The total number of refills authorized by the prescribing practitioner; (g) A valid signature: (A) For non-controlled substances: (i) Received by the pharmacy via a hard-copy written prescription, the prescribing practitioner or practitioner’s agent manual signature. (ii) Received by the pharmacy via facsimile, the prescribing practitioner or practitioner’s agent manual or electronic signature. (iii) Received by the pharmacy electronically, the prescribing practitioner's or practitioner’s agent electronic signature. (B) For controlled substances: (i) Received by the pharmacy via hard-copy written prescription, the prescription must have an original manually signed signature from the prescribing practitioner. (ii) Received by the pharmacy via facsimile, the prescription must have an original manually signed signature from the prescribing practitioner. (iii) Received by the pharmacy electronically, the prescribing practitioner’s digital signature that complies with the rules adopted by reference in OAR 855-080. (C) In (g), manually signed specifically excludes a signature stamp or any form of electronic or digital signature unless permitted under federal regulations; and (h) Any other information required for controlled substances pursuant to federal regulations. (3) An oral prescription must be promptly reduced to writing or entered into an electronic record system and must include: (a) The name, initials or electronic identifier of the licensee receiving the prescription; (b) The name of the person transmitting the prescription. (4) The prescription contains all of the information specified in (2) and for controlled substances in OAR 855-080-0085. (5) In accordance with ORS 689.515(3) and ORS 689.522, the pharmacy dispenses the prescription pursuant to the prescribing practitioner's request that there may be no substitution for the specified brand name of a drug. (a) For a hard copy prescription issued in writing or a prescription orally communicated over the telephone, instruction may use any one of the following phrases or notations: (A) No substitution; (B) N.S.; (C) Brand medically necessary; (D) Brand necessary; (E) Medically necessary; (F) D.A.W. (Dispense As Written); or (G) Words with similar meaning. (b) For an electronically transmitted prescription, the prescriber or prescriber’s agent must clearly indicate substitution instructions by way of the text (without quotes) “brand medically necessary” or words with similar meaning, in the electronic prescription drug order, as well as all relevant electronic indicators sent as part of the electronic prescription transmission. (c) Such instructions must not be default values on the prescription. (6) The written or electronic record of each prescription must be retained on file as required by OAR 855-041-1160, and in the case of controlled substances, under rules adopted by reference in OAR 855-080. (7) If the patient is relying on a standing order prescription issued by the Public Health Officer appointed under ORS 431.045, or a physician licensed under ORS chapter 677 who is employed by the Oregon Health Authority, to obtain a drug or device, the drug outlet does not need to ensure that: (a) There is a patient-practitioner relationship as required in subsection (1)(e)(D) of this rule; and (b) The prescription contains the name and date of birth of the patient for whom the drug is prescribed.