(a) A health care practitioner authorized to issue a prescription pursuant to Section 4040 shall have the capability to issue an electronic data transmission prescription, as defined under Section 4040, on behalf of a patient and to transmit that electronic data transmission prescription to a pharmacy selected by the patient. (b) (1) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 shall have the capability to receive an electronic data transmission prescription on behalf of a patient. (2) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 shall not refuse to dispense or furnish an electronic data transmission prescription solely because the prescription was not submitted via, or is not compatible with, the proprietary software of the pharmacy, pharmacist, or other dispensing practitioner. (3) A pharmacy, pharmacist, or other practitioner authorized under California law to dispense or furnish a prescription pursuant to Section 4040 may decline to dispense or furnish an electronic data transmission prescription submitted via a software that fails to meet any of the following: (A) Adheres to the National Council for Prescription Drug Programs SCRIPT standard, as modified from time to time. (B) Complies with the prescription content requirements set forth in Section 4040. (C) For a controlled substance prescription, complies with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (D) Complies with the federal Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, or the security and confidentiality requirements prescribed to by the pharmacy, pharmacist, or other practitioner authorized pursuant to Section 4040. (c) For a prescription for a controlled substance, as defined by Section 4021, generation and transmission of the electronic data transmission prescription shall comply with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (d) A prescription prescribed by a health care practitioner shall be issued as an electronic data transmission prescription. This subdivision shall not apply to prescriptions issued pursuant to subdivision (e). (e) Subdivision (d) shall not apply to any of the following: (1) The prescription is issued pursuant to Section 11159.2 of the Health and Safety Code. (2) An electronic data transmission prescription is unavailable due to a temporary technological or electrical failure. For purposes of this paragraph, âtemporary technological or electrical failureâ means failure of a computer system, application, or device, or the loss of electrical power to that system, application, or device, or any other service interruption affecting the certified electronic data transmission prescription application used to transmit the prescription. (3) The prescribing health care practitioner is issuing a prescription to be dispensed by a pharmacy located outside California. (4) (A) The prescription is issued in a hospital emergency department or urgent care clinic and one or more of the following conditions are present: (i) The patient resides outside California. (ii) The patient resides outside the geographic area of the hospital. (iii) The patient is homeless or indigent and does not have a preferred pharmacy. (iv) The prescription is issued at a time when a patientâs regular or preferred pharmacy is likely to be closed. (B) Under any of the conditions described in subparagraph (A), a prescription shall be electronically issued but does not require electronic transmission and may be provided directly to the patient. (5) The prescription is issued by a veterinarian. (6) The prescription is for eyeglasses or contact lenses. (7) The prescription is issued
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.