1. A. A valid prescription shall be:

   1. (1) Valid in the professional judgment of the pharmacist responsible for filling the prescription; and

   2. (2) Conveyed:

      1. (a) In a manner that contains the handwritten, pen-to-paper signature of the prescriber;

      2. (b) In a manner that is transmitted to the pharmacy electronically, provided that the prescription is:

         1. (i) Transmitted via electronic intermediaries that are certified by the Maryland Health Care Commission;
         2. (ii) Received by the permit holder’s computer, facsimile machine, or other electronic device; and
         3. (iii) Maintained by the permit holder in accordance with Regulation .03 of this chapter; or

      3. (c) In an oral manner where:

         1. (i) Only a pharmacist may take an original oral prescription by a voice messaging system or by phone with the pharmacist reading back the prescription to the prescriber or the prescriber’s agent; and
         2. (ii) The pharmacist promptly reduces the oral prescription to writing.

2. B. The requirement of §A(2)(b)(i) of this regulation does not apply to prescriptions transmitted electronically within:

   1. (1) A closed system of a group model health maintenance organization as defined in Health-General Article, §19-713.6, Annotated Code of Maryland; or
   2. (2) Any other closed system that does not utilize an intermediary for transmission of prescriptions.

Authority: Health Occupations Article, §12-205(a)(3)(ii), Annotated Code of Maryland

Effective date: December 24, 1990 (17:25 Md. R. 2908)

Regulation .03 amended effective December 18, 1995 (22:25 Md. R. 1962)

Regulation .04 amended effective December 18, 1995 (22:25 Md. R. 1962)

Regulation .05 adopted effective December 18, 1995 (22:25 Md. R. 1962)

Regulations .01—.05, Prescription Orders Submitted by Facsimile Devices, repealed and Regulations .01—.04, Format of Prescription Transmission, adopted effective December 25, 2000 (27:25 Md. R. 2282)

Regulation .01 amended effective October 4, 2010 (37:20 Md. R. 1394)

Regulation .02 amended effective October 4, 2010 (37:20 Md. R. 1394)

Regulation .03 amended effective October 4, 2010 (37:20 Md. R. 1394)

Regulation .04 amended effective October 4, 2010 (37:20 Md. R. 1394)