California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 17 - California State Board of Pharmacy › Article 2 - Pharmacies › Section 1717.4 - Electronic Transmission of Prescriptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Except as otherwise prohibited by law,
				prescriptions may be transmitted by electronic means from the prescriber to the
				pharmacy.
(b) An electronically
				transmitted prescription which meets the requirements of this regulation shall
				be deemed to be a prescription within the meaning of Business and Professions
				Code section
				4040.
(c) An electronically transmitted
				prescription order shall include the name and address of the prescriber, a
				telephone number for oral confirmation, date of transmission and the identity
				of the recipient, as well as any other information required by federal or state
				law or regulations. The prescriber's address, license classification and
				federal registry number may be omitted if they are on file and readily
				retrievable in the receiving pharmacy.
(d) An "interim storage device" means as
				electronic file into which a prescription is entered for later retrieval by an
				authorized individual. Any interim storage device shall, in addition to the
				above information, record and maintain the date of entry and/or receipt of the
				prescription order, date of transmission from the interim storage device and
				identity of the recipient of such transmission. The interim storage device
				shall be maintained so as to ensure against unauthorized access and use of
				prescription information, including dispensing information.
(e) A pharmacy receiving an electronic image
				transmission prescription shall either receive the prescription in hard copy
				form or have the capacity to retrieve a hard copy facsimile of the prescription
				from the pharmacy's computer memory. Any hard copy of a prescription shall be
				maintained on paper of permanent quality.
(f) An electronically transmitted
				prescription shall be transmitted only to the pharmacy of the patient's choice.
				This requirement shall not apply to orders for medications to be administered
				in an acute care hospital.
(g)
				Electronic equipment for transmitting prescriptions (or electronic transmittal
				technology) shall not be supplied or used so as to violate or circumvent
				Business and Professions Code section
				4000
				et seq., Health and Safety Code section
				11150
				et seq., or any regulations of the board.
(h) Any person who transmits, maintains or
				receives any prescription or prescription refill, orally, in writing or
				electronically, shall ensure the security, integrity, authenticity, and
				confidentiality of the prescription and any information contained
				therein.
1. New section
				  filed 4-19-95; operative 5-19-95 (Register 95, No. 16).
2. Change
				  without regulatory effect amending subsection (b) and NOTE filed 9-11-2002
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2002, No. 37).
3. Amendment of subsection (h)
				  filed 9-22-2004; operative 10-22-2004 (Register 2004, No.
				  39).
Note: Authority cited: Section
					 4005,
					 Business and Professions Code. Reference: Sections
					 4019,
					 4040,
					 4071,
					 4072
					 and
					 4075,
					 Business and Professions Code; and Section
					 11150, et seq., Health and Safety
					 Code.