VIRGINIA SUMMARY OF EXISTING LAW

A pharmacy may deliver a dispensed prescription drug order to a practitioner of the healing arts licensed by the board to practice pharmacy or to sell controlled substances or holding a controlled substances registration to act as an “alternative delivery site,” provided the pharmacy and practitioner comply with the following: (1) The pharmacy shall notify the alternate delivery site of the anticipated arrival date of the shipment, the exact address to where the drug was shipped, the name of the patient for whom the drug was dispensed, and any special storage requirements, to ensure appropriate coordination of patient care. (2) The pharmacy shall provide counseling or ensure a process is in place for the patient to receive counseling. (3) Prescriptions delivered to the alternate delivery site shall be stored in a lockable room or lockable cabinet, cart, or other device that cannot be easily moved and that shall be locked at all times when not in use. Access shall be restricted to the licensed prescriber, pharmacist, or either person’s designee. (4) The pharmacy shall provide a procedure for the return of any prescription drugs not delivered or subsequently administered to the patient. If the alternate delivery site routinely receives deliveries from the pharmacy, other requirements apply, namely: (1) There is a written contract or agreement between the two parties describing the procedures for such a delivery system and the responsibilities of each party. (2) The pharmacy maintains a policy and procedure manual that includes the following: a. Procedure for tracking and assuring security, accountability, integrity, and accuracy of delivery for the dispensed prescription from the time it leaves the pharmacy until it is handed to the patient or agent of the patient; b. Procedure for providing counseling; c. Procedure and recordkeeping for return of any prescription medications not delivered to the patient; d. The procedure for assuring confidentiality of patient information; and e. The procedure for informing the patient and obtaining consent for using such a delivery process (3) Prescriptions delivered to the alternate delivery site shall be stored in a lockable room or lockable cabinet, cart, or other device that cannot be easily moved and that shall be locked at all times when not in use. Access shall be restricted to the licensed prescriber, pharmacist, or either person’s designee. The regulations prohibit brown bagging of any kind.

Links to Proposed Laws: 18VAC110-20-275

PRACTICAL NOTE FOR EXISTING LAW

While the Board of Pharmacy prohibits brown bagging, it specifically permits the practice of white bagging, but requires that it adhere to certain standards. Practices being asked to accept white bagged prescriptions so ensure that pharmacies are held to comply with each of these standards, and should demand documentation of such compliance before accpeting prescriptions. In addition, because heightened rules apply when the practice is asked to routinely accept deliveries from pharmacies, practices should consider demanding that such pharmacies comply with the more exacting requirements if payors adopt white bagging policy mandates.