A BILL TO BE ENTITLED
AN ACT to require the Board of Pharmacy to adopt additional rules relating to electronic prescriptions.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 90‑85.32 reads as rewritten:
"§ 90‑85.32.  Rules pertaining to filling, refilling, transfer, and mail or common‑carrier delivery of prescription orders.
(a)	Except as otherwise provided in this section, the Board may adopt rules governing the filling, refilling and transfer of prescription orders not inconsistent with other provisions of law regarding the distribution of drugs and devices. The rules shall assure the safe and secure distribution of drugs and devices. Prescriptions marked PRN shall not be refilled more than one year after the date issued by the prescriber unless otherwise specified.
(b)	Notwithstanding G.S. 90‑85.6, the Board shall not adopt rules pertaining to the shipment, mailing, or other manner of delivery of dispensed legend drugs that are more restrictive than federal statutes or regulations governing the delivery of prescription medications by mail or common carrier.
(c)	Rules adopted by the Board under this section shall require the following:
(1)	Electronic prescribing software and hardware must comply with health information and medical records standards, as governed by the Health Insurance Portability and Accountability Act of 1996 (HIPPA), 42 U.S.C. § 1320d and 45 C.F.R. §§ 160‑164.
(2)	A practitioner must comply with the request of a patient not to send electronically a patient's prescription or information related to the patient's prescription.
(3)	A covering entity, including an insurer or pharmacy benefits manager, must make a patient's drug benefits and formulary information available to the patient's authorized prescribing practitioner in real time through electronic prescribing software and hardware and to the extent that the information is retrievable and conveyable in such a manner.
(4)	Electronic prescribing software and hardware must not permit the use of any means of advertising to hinder or attempt to hinder, through economic incentives or otherwise, the prescribing decision of a prescribing practitioner at the point of care.
(5)	Electronic prescribing software and hardware must support access to data necessary for clinical and patient decision making, including, but not limited to, adverse events and up‑to‑date formulary information, co‑pay requirements, and prescription tier information. 
(6)	Electronic prescribing software and hardware must facilitate navigation of health plan administrative requirements, including a means to initiate exceptions or prior authorization for coverage of restricted drugs so that the practitioner can have real‑time access to information required to be provided by the practitioner for exceptions or prior authorization, including, but not limited to, criteria for approval and how to appeal a denial of the exception or prior authorization request.
(7)	A prior authorization form must be adjudicated through electronic transmission, including, but not limited to, a Web‑based application."
SECTION 2.  This act becomes effective October 1, 2013. The Board of Pharmacy shall propose rules consistent with this act within 90 days of the effective date of this act.