b) An order transmitted to a pharmacist through word of mouth, telephone, or other means of
communication directed by such medical practitioner. Prescription orders received by word of mouth,
telephone or other means of communication shall be maintained by the pharmacist pursuant to section
32-1964 and the record so made by the pharmacist constitutes the original prescription order to be
dispensed by the pharmacist. This paragraph does not alter or affect laws of this state or any federal
act requiring a written prescription order.
Arizona pharmacists may utilize facsimile technology when receiving otherwise lawful
prescription orders from licensed practitioners. A facsimile of a legal prescription transmitted
from a licensed practitioner with prescriptive authority to a pharmacy utilizing "plain" paper
facsimile technology is considered compliant with A.R.S. 32-1901(73). Prescriptions for
nonprescription drugs and prescription-only drugs other than controlled substances may be
received by facsimile and if received on a "plain" paper facsimile will constitute the original
prescription order.
In those cases where federal regulations allow the use of a facsimile as the original prescription,
the use of a "plain" paper facsimile will constitute compliance with A.R.S. 32-1901(73) (see 21
CFR 1306.11(a), (e), (f), and (g), 1306.21(a) and (c), and 1306.31(c)). The pharmacist still bears
the responsibility for ensuring that prescriptions for controlled substances have been issued
for a legitimate medical purpose by an individual practitioner acting in the usual course of his
or her professional practice pursuant to 21 CFR 1306.04(a).
The Board feels that patient confidentiality must be protected, therefore, Board policy for
prescription faxing dictates that facsimile equipment shall reside within the pharmacy area not
in administrative offices. Prescriptions received on thermal paper facsimile shall be reduced
to writing by the pharmacist then attached to the facsimile.
This substantive policy statement is advisory only. A
substantive policy statement does not include internal procedural documents that only affect
the internal procedures of the agency and does not impose additional requirements or penalties
on regulated parties or include confidential information or rules made in accordance with the
Arizona Administrative Procedure Act. If you believe that this substantive policy statement
does impose additional requirements or penalties on regulated parties you may petition the
agency under A.R.S. § 41-1033 for a review of the statement. REV. 03/2004
