Regulations: Transfer, security and exchange of information relating to prescriptions.
1. The Board may adopt regulations concerning the transfer of information between pharmacies relating to prescriptions.
2. The Board shall adopt regulations concerning the electronic transmission and the transmission by a facsimile machine of a prescription from a practitioner to a pharmacist for the dispensing of a drug. The regulations must establish procedures to:
(a) Ensure the security and confidentiality of the data that is transmitted between:
(1) The practitioner and the pharmacy;
(2) The practitioner and an insurer of the person for whom the prescription is issued; and
(3) The pharmacy and an insurer of the person for whom the prescription is issued.
(b) Protect the identity of the practitioner to prevent misuse of the identity of the practitioner or other fraudulent conduct related to the electronic transmission of a prescription.
(c) Verify the authenticity of a signature that is produced:
(1) By the computer or other electronic device; or
(2) Manually by the practitioner.
3. The Board shall adopt regulations governing the exchange of information between pharmacists and practitioners relating to prescriptions filled by the pharmacists for persons who are suspected of:
(a) Misusing prescriptions to obtain excessive amounts of drugs.
(b) Failing to use a drug in conformity with the directions for its use or taking a drug in combination with other drugs in a manner that could result in injury to that person.
Ê The pharmacists and practitioners shall maintain the confidentiality of the information exchanged pursuant to this subsection.
Last modified: February 27, 2006