TECHNOLOGY AND AUTOMATION
§ 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.
Source The provisions of this § 27.201 adopted May 26, 2006, effective May 27, 2006, 36 Pa.B. 2518; amended April 10, 2012, effective April 11, 2012, 42 Pa.B. 5182. Immediately preceding text appears at serial pages (347429) to (347430).
Cross References This section cited in 49 Pa. Code § 18.6a (relating to prescribing, dispensing and administering drugs); and 49 Pa. Code § 27.18 (relating to standards of practice).
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