orders may be transmitted by using a facsimile machine ("FAX") or by other
electronic transmission from a prescriber to a pharmacy. "Electronic
transmission" means transmission of the digital representation of information
by way of electronic equipment.
All prescription drug orders transmitted by FAX or by electronic transmission
(1) be transmitted directly to a
pharmacist or certified technician in a pharmacy of the patient's choice with
no intervening person altering the content of the prescription drug
(2) identify the
transmitter's phone number for verbal confirmation, the time and date of
transmission, and the identity of the pharmacy intended to receive the
(3) be transmitted by
an authorized practitioner or his designated agent and contain either a written
signature or an electronic signature unique to the practitioner;
(4) be deemed the original prescription drug
order, provided it meets all requirements of federal and state laws and
(5) if a refill
order, contain all information required for original prescription orders except
for the prescriber's signature.
(c) The prescribing practitioner may
authorize his agent to transmit by FAX or by electronic transmission a
prescription drug order to a pharmacist or certified technician in a pharmacy
provided that the identity of the transmitting agent is included in the
(d) The pharmacist shall
exercise professional judgment regarding the accuracy, validity, and
authenticity of a prescription drug order transmitted by FAX or by electronic
transmission consistent with federal and state laws and regulations.
(e) All equipment for receipt of prescription
drug orders by FAX or by electronic transmission shall be maintained so as to
ensure against unauthorized access.
(f) Prescriptions may be transferred by FAX
or by electronic transmission if all the requirements of Rule .1806 of this
Section are met.
(g) No agreement
between a prescriber and a pharmacy or device and medical equipment permit
holder shall require that prescription orders be transmitted by FAX or by
electronic transmission from the prescriber to only that pharmacy or device and
medical equipment permit holder.