Section 11167 Of Article 1. Requirements Of Prescriptions From California Health And Safety Code >> Division 10. >> Chapter 4. >> Article 1.
11167
. Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in loss of
life or intense suffering, an order for a controlled substance may
be dispensed on an oral order, an electronic data transmission order,
or a written order not made on a controlled substance form as
specified in Section 11162.1, subject to all of the following
requirements:
(a) The order contains all information required by subdivision (a)
of Section 11164.
(b) Any written order is signed and dated by the prescriber in
ink, and the pharmacy reduces any oral or electronic data
transmission order to hard copy form prior to dispensing the
controlled substance.
(c) The prescriber provides a written prescription on a controlled
substance prescription form that meets the requirements of Section
11162.1, by the seventh day following the transmission of the initial
order; a postmark by the seventh day following transmission of the
initial order shall constitute compliance.
(d) If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the Department of Justice in writing within
144 hours of the prescriber's failure to do so and shall make and
retain a hard copy, readily retrievable record of the prescription,
including the date and method of notification of the Department of
Justice.
(e) This section shall become operative on January 1, 2005.