9/16/2010 9:22 am
Date / Time filed with the Register of Regulations
VA.R. Document Number: R____-______
Virginia Register Publication Information

Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
Agency Decision
Promulgating Board: Board of Pharmacy
Regulatory Coordinator: Caroline Juran, RPh


Agency Contact: Elaine J. Yeatts

Agency Regulatory Coordinator


Contact Address: Department of Health Professions

9960 Mayland Drive, Suite 300

Richmond, VA 23233
Chapter Affected:
18 vac 110 - 20: Virginia Board of Pharmacy Regulations
Statutory Authority: State: Chapters 33 and 34 of Title 54.1

Date Petition Received 05/17/2010
Petitioner Eric Haas
 Petitioner's Request
Amend requirement for filing prescriptions to allow filing by date of initial dispensing or date of initial entry into pharmacy electronic record keeping system if such a system is employed by the pharmacy. The rationale for the request is that prescriptions are often placed into electronic systems for later dispensing, and retrieval and reassignment of the date is cumbersome and unnecessary and may promote errors in a patient's record.
 Agency Plan
The Board will receive public comment on the petition for rule-making and will review the petition and any comment at its meeting on September 8, 2010 to make decision on whether to initiate rule-making.
Publication Date 06/21/2010  (comment period will also begin on this date)
Comment End Date 07/21/2010
 Agency Decision
Take no action
Agency Response Date 09/08/2010
 Agency Decision Text
The Board denied the petition but agreed that it would like to query other states to determine policies and/or rules for entry of different dates into an electronic record keeping system. An informal opinion from the Drug Enforcement Administration states that, while not directly prohibited, the policy of "holding" a prescription in a computer for subsequent filling is not advisable and presents a diversion issue. The Board will revisit the request after additional information is obtained.