1. A. All prescriptions for controlled substances shall be dated as of, and signed on, the day when issued and shall bear the full name and address of the patient, the drug name, strength, dosage form, quantity prescribed, directions for use, and the name, address and registration number of the practitioner. Information on the prescription may be added or clarified by the pharmacist after consultation with the practitioner. A practitioner may sign a paper prescription in the same manner as he would sign a check or legal document (e.g., J.H. Smith or John H. Smith). Where an oral order is not permitted, paper prescriptions must be written with ink or indelible pencil, typewriter, or printed on a computer printer and shall be manually signed by the practitioner. A computer-generated prescription that is printed out or faxed by the practitioner must be manually signed.

2. B. Electronic prescriptions shall be created and signed using an application that meets the requirements of Part 1311 of the Code of Federal Regulations. An individual practitioner will sign and transmit electronic prescriptions for controlled substances in a manner that meets all of the requirements of Part 1306.08 of the Code of Federal Regulations.

   1. (1) Effective April 1, 2021 all controlled substance prescriptions must be electronically

      1. (a) for patients residing in an intermediate care, skilled nursing or correctional facility;
      2. (b) for patients enrolled in hospice;
      3. (c) for an animal by a licensed veterinarian;
      4. (d) a prescription dispensed by a federal facility not subject to state regulation (e.g. department of veteran affairs, indian health services, military bases);
      5. (e) a prescription requiring information that makes electronic transmission impractical, such as complicated or lengthy directions for use or attachments; or new medications not yet in electronic system;
      6. (f) for compounded prescriptions;
      7. (g) for prescriptions issued during a temporary technical or electronic failure at the practitioner’s or pharmacy’s location;
      8. (h) for prescriptions issued in an emergency pursuant to federal law and rules of the board;
      9. (i) for prescriptions issued in response to a public health emergency where a non-patient specific prescription would be permitted;
      10. (j) under extenuating circumstance, not inconsistent with federal law and where the practitioner communicates directly with the pharmacist. The pharmacist, using professional judgment, may accept the non-EPCS and is responsible for ensuring documentation of the circumstance in the prescription record; and that the prescription is otherwise in compliance with state and federal law and rules.

      transmitted (“Electronic Prescriptions for Controlled Substances,” EPCS) except:

3. C. Unless otherwise specified, a pharmacist who receives a written, oral, or facsimile prescription

   shall not be required to verify that the prescription is subject to an exemption and may dispense a prescription drug pursuant to an otherwise valid written, oral, or facsimile prescription.

4. D. A prescription that falls under an exception to the EPCS requirement may be transmitted to a

   1. (1) A prescription for a schedule II controlled substance may be transmitted by the

      practitioner or the practitioner’s agent to a pharmacy via facsimile equipment, provided the original written, signed prescription is presented to the pharmacist for review prior to the actual dispensing of the controlled substance, except as noted in Paragraphs 2, 3 and 4 of this Subsection. The original prescription shall be maintained in accordance with 16.19.20.31 NMAC.

   2. (2) A prescription prepared in accordance with Subsection A of 16.19.20.42 NMAC written for a schedule II narcotic substance to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, or subcutaneous infusion may be transmitted by the practitioner or the practitioner’s agent to the parenteral products pharmacy by facsimile. The facsimile serves as the original written prescription for purposes of this paragraph and it shall be maintained in accordance with 16.19.20.31 NMAC.
   3. (3) A prescription prepared in accordance with Subsection A of 16.19.20.42 NMAC written for a schedule II substance for a resident of a long term care facility may be transmitted by the practitioner or the practitioner’s agent to the dispensing pharmacy by facsimile. The facsimile serves as the original written prescription for purposes of this sub-section and it shall be maintained in accordance with 16.19.20.31 NMAC.
   4. (4) A prescription prepared in accordance with Subsection A of 16.19.20.41 NMAC written for a schedule II narcotic substance for a patient enrolled in a hospice program certified by Medicare under title XVIII or licensed by the state may be transmitted by the practitioner or the practitioner’s agent to the dispensing pharmacy by facsimile. The practitioner or the practitioner’s agent will note on the prescription that the patient is a hospice patient. The facsimile serves as the original written prescription for purposes of this sub-section and it shall be maintained in accordance with 16.19.20.31 NMAC.
   5. (5) A pharmacist may dispense directly a controlled substance listed in schedule III, IV, or V which is a prescription drug as determined under the New Mexico Drug Device and Cosmetic Act, only pursuant to either a written prescription signed by a practitioner or a facsimile of a written, signed prescription transmitted by the practitioner or the practitioner’s agent to the pharmacy or pursuant to an oral prescription made by an individual practitioner and promptly reduced to written form by the pharmacist containing all information required for a prescription except the signature of the practitioner. A telephone order for a new therapy for an opiate listed in schedule III, IV, or V shall not exceed a 10 day supply, based on the directions for use, unless a written prescription is on file at this pharmacy from any practitioner for the same opiate within the past six months. A telephone order for this new opiate therapy may not be refilled.

   pharmacy in one of the following ways:

5. E. A pharmacy employee shall verify the identity of the patient or the patient’s representative who is receiving any prescription for a controlled substance listed in schedule II, III, IV, or V before it is released. Acceptable identification means a current state issued driver’s license, including photo, or other current government issued photo identification of the person presenting said identification. The identification type (e.g. driver’s license, identification card, passport, etc.), number, name imprinted on that identification, and state must be recorded. Exceptions are, a new controlled substance prescription filled for a patient known to the pharmacist or pharmacist intern, whose identification has already been documented in a manner determined by a written policy developed by the pharmacist-in-charge; a controlled substance prescription filled for home delivery; or a controlled substance prescription filled for and delivered to a licensed facility.

[16.19.20.42 NMAC - Rp 16.19.20.42 NMAC, 6/26/2018, A, 12/15/2020]