Section 338.3162d. Required reporting of prescription data; error reporting.

d. (1) A pharmacist, pharmacy, dispensing prescriber, or veterinarian shall report all schedules 2 to 5 controlled substances dispensed.

(2)    The data required by R 338.3162b shall be forwarded by on-line transmission, computer diskette, compact disk, or other approved medium, as specified in R 338.3162c to the department or the department’s contractor, twice monthly and shall include the data for all controlled substances dispensed since the previous transmission or report. Beginning 180 days after these amendatory rules take effect, the data required by R 338.3162b shall be forwarded to the department or the department’s contractor by the end of the next business day and shall include the data for all controlled substances dispensed since the previous transmission or report.

(3)   For each pharmacist, pharmacy, dispensing prescriber, or veterinarian who does not have the capacity to forward the information as specified in R 338.3162b, the information shall be mailed or delivered to a location specified by the department or the department’s contractor not later than 7 calendar days after the date that the controlled substance has been dispensed, and shall include the data for all controlled substances dispensed since the previous transmission or report.

(4)   The department or the department’s contractor shall notify a pharmacist, pharmacy, dispensing prescriber, or veterinarian of an error in data reporting. Upon receiving notification of an error in data reporting, a pharmacist, pharmacy, dispensing prescriber, or veterinarian shall take appropriate measures to correct the error and transmit the corrected data to the department or the department’s contractor within 7 calendar days of being notified of the error.

(5)   A pharmacist, pharmacy, dispensing prescriber, or veterinarian who fails to report the dispensing of a prescription for a controlled substance listed in schedules 2 to 5 as required, beginning on the date that these amendatory rules take effect, shall be subject to the penalty provisions in section 16221, 17741, or 17768 in article 15 of the act.

History: 2003 AACS; 2007 AACS; 2013 AACS.