Section 11164.5 Of Article 1. Requirements Of Prescriptions From California Health And Safety Code >> Division 10. >> Chapter 4. >> Article 1.
11164.5
. (a) Notwithstanding Section 11164, with the approval of
the California State Board of Pharmacy and the Department of Justice,
a pharmacy or hospital may receive electronic data transmission
prescriptions or computer entry prescriptions or orders as specified
in Section 4071.1 of the Business and Professions Code, for
controlled substances in Schedule II, III, IV, or V if authorized by
federal law and in accordance with regulations promulgated by the
Drug Enforcement Administration. The California State Board of
Pharmacy shall maintain a list of all requests and approvals granted
pursuant to this subdivision.
(b) Notwithstanding Section 11164, if approved pursuant to
subdivision (a), a pharmacy or hospital receiving an electronic
transmission prescription or a computer entry prescription or order
for a controlled substance classified in Schedule II, III, IV, or V
shall not be required to reduce that prescription or order to writing
or to hard copy form, if for three years from the last day of
dispensing that prescription, the pharmacy or hospital is able, upon
request of the board or the Department of Justice, to immediately
produce a hard copy report that includes for each date of dispensing
of a controlled substance in Schedules II, III, IV, and V pursuant to
the prescription all of the information described in subparagraphs
(A) to (E), inclusive, of paragraph (1) of subdivision (a) of Section
4040 of the Business and Professions Code and the name or identifier
of the pharmacist who dispensed the controlled substance.
(c) Notwithstanding Section 11164, if only recorded and stored
electronically, on magnetic media, or in any other computerized form,
the pharmacy's or hospital's computer system shall not permit the
received information or the controlled substance dispensing
information required by this section to be changed, obliterated,
destroyed, or disposed of, for the record maintenance period required
by law, once the information has been received by the pharmacy or
the hospital and once the controlled substance has been dispensed,
respectively. Once the controlled substance has been dispensed, if
the previously created record is determined to be incorrect, a
correcting addition may be made only by or with the approval of a
pharmacist. After a pharmacist enters the change or enters his or her
approval of the change into the computer, the resulting record shall
include the correcting addition and the date it was made to the
record, the identity of the person or pharmacist making the
correction, and the identity of the pharmacist approving the
correction.
(d) Nothing in this section shall be construed to exempt any
pharmacy or hospital dispensing Schedule II controlled substances
pursuant to electronic transmission prescriptions from existing
reporting requirements.