Section 12 AAC 52.490 - Prescriptions by electronic transmission(a) Legend drug and controlled substance prescriptions may be transmitted electronically under this section, consistent with state and federal laws. A pharmacist may dispense a prescription transmitted electronically under this section only if the prescribing practitioner includes the following information on the prescription before it is transmitted:(1) name, address, and telephone number of the prescribing practitioner;(2) electronic signature or manual signature of the prescribing practitioner;(3) the information required in 12 AAC 52.460(a) (1) - (8); and(4) any other information required by federal law.(b) A pharmacist may dispense a prescription that has been received electronically.(c) The system for electronic transmission of prescriptions must address the following: (1) patient's choice of pharmacy; the system may not restrict the patient's choice of pharmacy;(2) security of the system; the system must have security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of prescription information; the system must include (A) documented formal procedures for selecting and executing security safeguards;(B) physical safeguards to protect computer systems and other applicable equipment from unauthorized access, modification, or manipulation of the information;(C) processes to protect, control, and audit access to confidential patient information; and(D) processes to prevent unauthorized access to the prescription information when transmitted electronically;(3) confidentiality of patient information; the system must maintain the confidentiality of patient information consistent with state and federal laws;(4) authentication; to be valid prescriptions transmitted by an authorized prescriber or the prescribing practitioner's authorized agent from computer to a facsimile machine or from computer to computer must use an electronic signature; the prescribing practitioner's system must authenticate the sender's authority and credentials to transmit a prescription to a pharmacy and(A) the prescribing practitioner's system must provide an audit record of all prescriptions electronically transmitted that documents for retrieval all actions and persons who have acted on a prescription, including authorized delegation of transmission;(B) the right of the board to access the prescribing practioner's electronically transmitted prescriptions for purposes of investigations;(5) a prescribing practioner's system that utilizes intermediaries in the electronic communication of prescriptions to pharmacies is responsible to ensure that the contracts with the intermediaries require security measures that are equal to or better than those provided by this section and prohibit the modification of a record of a prescription after it has been transmitted by the prescribing practioner to the pharmacist;(6) if a paper copy prescription that is generated by the pharmacist or pharmacy technician from the electronic prescription system is printed, an electronic signature may be substituted for a manual signature;(7) the system must maintain the integrity and confidentiality of patient information transmitted electronically for its system as required by this chapter, other state law, and federal law.(d) In this section, (1) "electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a prescription and executed or adopted by an authorized person with the intent to sign the prescription;(2) "electronic transmission of prescriptions" means the communication from an authorized prescribing practioner or the prescribing practioner's authorized agent to a pharmacy of the patient's choice, by computer, by the transmission of an exact visual image of a prescription by facsimile, or by other electronic means other than electronic voice communication, of original prescription information or prescription refill information for a legend drug or controlled substance consistent with this section, other state law, and federal law;(3) "security" means a system to maintain the confidentiality and integrity of prescription information, including (A) documented formal procedures for selecting and executing security safeguards;(B) physical safeguards to protect computer systems and other pertinent equipment from unauthorized access, modification, or manipulation of the information;(C) processes to protect, control and audit access to confidential patient information; and(D) processes for its system to prevent unauthorized access to the prescription information when transmitted electronically.Eff. 1/16/98, Register 145; am 11/10/2001, Register 160; am 8/12/2007, Register 183Authority:AS 08.80.005
AS 08.80.030