§ 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)  Except for Schedule II controlled substances which must conform to the requirements of §  27.18(b)(2) (relating to standards of practice), 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.

 (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.

   The provisions of this §  27.201 issued under sections 4(j) and 6(k)(1) and (9) of the Pharmacy Act (63 P. S. § §  390-4(j) and 390-6(k)(1) and (9)).

   The provisions of this §  27.201 adopted May 26, 2006, effective May 27, 2006, 36 Pa.B. 2518.