TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1330 PHARMACY PRACTICE ACT
SECTION 1330.760 ELECTRONIC TRANSMISSION OF PRESCRIPTIONS


 

Section 1330.760  Electronic Transmission of Prescriptions

 

Electronic transmission of prescriptions shall be allowed, provided the following conditions are met:

 

a)         The prescription shall be transmitted directly, or through an intermediary, from the authorized licensed prescriber to the pharmacy of the patient's choice.  No intermediary shall alter the prescription information or content of the prescription. 

 

b)         The prescriptions shall comply with all applicable statutes and rules regarding the form, content, record keeping and processing of a prescription drug.

 

c)         The electronically transmitted prescription shall include the following:

 

1)         The transmitting prescriber's facsimile number, if applicable;

 

2)         The time and date of the transmission;

 

3)         The identity of the person sending the prescription;

 

4)         The address and contact information of the person transmitting the prescription.

 

d)         The electronic device in the pharmacy that receives the electronically transmitted prescription shall be located within the pharmacy area.

 

e)         A facsimile of an electronically transmitted prescription shall be non-fading and remain legible. 

 

f)         The facsimile of the electronically transmitted prescription shall be stored in the pharmacy as required by State and federal laws or rules and may serve as the record of the prescription.

 

g)         The electronically transmitted prescription shall serve as the record of the prescription so long as the electronically submitted prescription can be stored and is readily retrievable so as to comply with federal and State record keeping requirements. 

 

h)         To maintain confidentiality, adequate security and systems safeguards designed to prevent and detect unauthorized access, modification or manipulation of electronically transmitted prescriptions is required.

 

i)          A pharmacy or pharmacist shall not enter into an agreement with a practitioner or healthcare facility concerning the provision of any means for the electronic transmission of prescriptions that would adversely affect a patient's freedom to select the pharmacy or pharmacy department of his or her choice.

 

j)          Electronically transmitted prescriptions for controlled substances may be dispensed only as provided by federal law.