49 Pa. Code § 27.201 - Electronically transmitted prescriptions
(a) For the purposes of this section, an
electronically transmitted prescription means the communication of an original
prescription or refill authorization by electronic means, to include
computer-to-computer, computer-to-facsimile machine or e-mail transmission
which contains the same information it contained when the authorized prescriber
transmitted it. The term does not include a prescription or refill
authorization transmitted by telephone or facsimile machine.
(b) A pharmacist may accept an electronically
transmitted prescription from an authorized licensed prescriber or an
authorized designated agent which has been sent directly to a pharmacy of the
patient's choice if all the following requirements are met:
(1) The prescription must contain the
signature or the electronic equivalent of a signature of the prescriber made in
accordance with the requirements of the Electronic Transactions Act
(73
P. S. §§
2260.101-2260.5101).
(2) The prescription must include the
following information:
(i) The information
that is required to be contained on a prescription under State and Federal
law.
(ii) The prescriber's
telephone number.
(iii) The date of
the transmission.
(iv) The name of
the pharmacy intended to receive the transmission.
(3) The prescription must be electronically
encrypted or transmitted by other technological means designed to protect and
prevent access, alteration, manipulation or use by any unauthorized
person.
(4) A hard copy or a
readily retrievable image of the prescription information that is transmitted
shall be stored for at least 2 years from the date of the most recent
filling.
(5) The electronic
transmission of a prescription for a Schedule II, III, IV or V controlled
substance is considered a written prescription order on a prescription blank
and may be accepted by a pharmacist provided that the transmission complies
with this chapter and other requirements under Federal or other State laws or
regulations, including The Controlled Substance, Drug, Device and Cosmetic Act
(35
P. S. §§
780-101-780-144),
Department of Health regulations in 28 Pa. Code §§
25.1-25.131 and Federal rules
established by the United States Drug Enforcement Administration in 21 CFR Part
1311 (relating to requirements for electronic orders and
prescriptions).
(c) An
electronically transmitted prescription shall be processed in accordance with
the act and this chapter.
(d) The
pharmacist and pharmacy may not provide electronic equipment to a prescriber
for the purpose of transmitting prescriptions.
Notes
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