FREQUENTLY
ASKED QUESTIONS
Pharmacy
Practice & Compliance
1 Does
"Effective November 1, 2006,
the Department eliminated the policy that prohibits substitution of certain
drugs, thereby removing six drugs from
the
2 May prescriptions be transmitted electronically?
The
electronic transmission of prescriptions is governed by COMAR 10.34.20. You may obtain the text of this regulation or
any other Board of Pharmacy regulation by using the link to COMAR On-Line that
appears on our Legislation and Regulation page or by visiting http://www.dsd.state.md.us.
The
Board of Pharmacy and the Board of Physicians have also posted a “Prescription
Signature Options Chart” on their websites to inform pharmacists and physicians
of the types of signatures that are acceptable in
3. Are preprinted prescription pads legal
in
A prescription for a controlled dangerous substance
within the meaning if Article 27 of the Code may not be written on a preprinted
prescription form that states the name, quantity, or strength of the controlled
dangerous substance. Annotated Code of
Preprinted prescription pads for non-controlled dangerous substances are not prohibited by law.
4. Does the Board of Pharmacy have required pharmacist/technician ratios or workload limits?
No. However, the Pharmacy Act does require the
permit holder to provide adequate personnel, automation, and technology as are
necessary to allow the licensed pharmacist employee sufficient time to utilize
the pharmacist=s
knowledge and training to perform the functions of a licensed pharmacist as
required by law. A permit holder may not
offer pharmaceutical services under any term or condition that tends to
interfere with or impair the free and complete exercise of professional
pharmaceutical judgment or skill.
Annotated Code of
5. Can blister packages prepared and dispensed by the pharmacy be returned to stock if returned to the pharmacy?
COMAR
10.34.10.07 permits a pharmacist to accept the return of a properly labeled and
properly sealed manufacturer’s package or individual unit dose of
a drug or a device that the pharmacist determines to have been handled in a
manner which preserves the strength, quality, purity, and identity of the drug
or device during an interim period between the sale of the drug or device and
its return to the pharmacy.
In 2000, the Board of Pharmacy
considered whether medications prepared and dispensed by a pharmacy in blister
packaging could be returned to the pharmacy stock and used for subsequent
dispensing. Such packages are neither
sealed manufacturer’s packages nor individual unit
doses.
A pharmacist may not return to stock
for subsequent dispensing blister packages prepared by the pharmacy that
intermingles different drugs in a single compartment.
A pharmacist may return to stock, for
subsequent dispensing, blister packages prepared by the pharmacy if the
packages contain a single drug entity in each compartment of the package and
repackaging is not required for subsequent dispensing.
8. Who
may legally enter the pharmacy prescription area when the pharmacy is closed?
Except in an emergency as defined by
law, such as fire or flood, an individual may not be in the prescription area
unless a pharmacist is immediately available on the premises to provide
pharmacy services. COMAR 10.34.05. This
applies to all pharmacy practice settings, including institutional and inpatient.
9. Can
prescriptions from out of state be filled in
Prescriptions may be filled if
written by an authorized prescriber licensed in one of the 50 states or
prescription may be filled if it is
valid, based on professional judgment and the circumstances involved. A prescription is valid if, among other
things, it is the result from a valid patient-prescriber relationship. If the prescription is valid when and where
it originates, the prescription is valid and may be filled.
11. Are physician assistants and nurse practitioners permitted
to prescribe controlled dangerous substances?
The prescriptive authority of nurse
practitioners, physician assistants and other mid-level practitioners is
governed by their respective licensing boards.
Their authority to prescribe controlled dangerous substances is derived
from their scope of practice and/or delegation agreements entered into with
supervising physicians.
Questions regarding a particular
practitioner should be directed to the Board of Nursing or the Board of
Physicians. As a courtesy, a list of
physician assistants authorized to prescribe provided by the Board of
Physicians (BoP) can be accessed on this web site.
Mid-level practitioners authorized to
prescribe controlled dangerous substance must have their own DEA number. They cannot use the DEA number of a
supervising physician to issue prescriptions for controlled dangerous
substances.