In response to a significant number of electronic prescriptions being sent by individuals who were not allowed to transmit them, the Nevada State Board of Pharmacy recently sent out a communique addressing exactly who is allowed to send new electronic prescriptions.  The only ones allowed to send electronic prescriptions in Nevada are the prescribers themselves. Agents such as medical assistants (M.A.s), registered nurses (R.N.s), and other office staff are not allowed to transmit electronic prescriptions for the prescribers.

Two regulations pertaining to the use of computer systems for transmission of electronic prescriptions include:

• NAC 639.7102:

1. A practitioner may:

(a) Issue a prescription using a computer system approved by the Board; and

(b) Transmit the prescription using that computer system to a pharmacy specified by the patient for whom the practitioner issues the prescription.

• NAC  639.7105:

2. A practitioner shall not transmit a prescription electronically to a pharmacy unless:

(a) The practitioner is the only person who will have access to the prescription until it is received by the pharmacy.¹

The Nevada State Board of Pharmacy has instructed all pharmacists to diligently check each electronic prescription they receive was submitted by a prescriber only. Any electronic prescription that states the agent is anyone other than a practitioner is considered invalid and won’t be accepted or filled.

The only thing M.A.s and R.N.s are allowed to do is authorize refills on behalf of the practitioner. It cannot be a new electronic prescription acting as a refill though, it must clearly be a refill.

Nevada is not the only state with such laws on the books. There are many states with similar laws and it is important for prescribers to understand and follow the laws pertaining to e-Prescribing in their individual state.

1. Nevada Administrative Code, http://leg.state.nv.us/NAC/NAC-639.html#NAC639Sec7102