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Petition Information
Petition Title Requirement for non-resident pharmacy to remotely process a prescription
Date Filed 8/24/2007   
Petitioner Ken Dandurand on behalf of MedNovations 
Petitioner's Request

Amend regulations to allow a non-resident pharmacy to remotely process a prescription for a Virginia patient in long-term care or a hospital by pharmacists not licensed in Virginia but licensed in the state where the non-resident pharmacy is located.

 
Agency's Plan The Board will review public comment and decide whether to initiate rulemaking at its meeting on December 12, 2007.  
Comment Period Ended 10/31/2007
0 comments
Agency Decision Take no action    
Response Date 12/12/2007
Agency Decision Summary

The Board has denied the petition because it believes a requirement for a Virginia pharmacist to be involved in the dispensing process is necessary for public protection and for accountability in a case of prescription error.  There are differences in statutes and regulations governing the practice of pharmacy, so pharmacists who provide prescription processing for hospitals and long-term care facilities from remote locations need to be familiar with Virginia requirements for a prescription.  Obtaining a license in Virginia is not burdensome but it does require passage of a jurisprudence examination, assuring familiarity with Virginia laws and regulations.

The petitioner cited section 276 on remote processing of a prescription for retail pharmacies, but subsection B of that section does require that "a pharmacist licensed in Virginia, whether at the remote pharmacy or the dispensing pharmacy, shall perform a check for accuracy on all processing done by the remote processor."  The Board believes patients in hospitals and nursing homes should have the same protection.