Section 657.21.8. Electronic transmission of a prescription.

Prescription drug orders may be communicated directly from a prescriber’s computer or other electronic device utilizing an electronic prescription application to a pharmacy prescription application by electronic transmission. The receiving pharmacist shall be responsible for verifying the authenticity of an electronically transmitted prescription or of an electronic signature as provided by rule 657—8.19(124,126,155A) or 657—21.3(124,155A). The authenticity of a prescription transmitted via electronic transmission between a DEA-certified electronic prescription application and a DEA-certified electronic pharmacy prescription application shall be deemed verified by virtue of the security processes included in those applications.

         21.8(1) Secure transmission and patient’s choice. Orders shall be sent only to the pharmacy of the patient’s choice, and no intermediary shall change the content of the prescription drug order or compromise its confidentiality during the transmission process. The electronic format of the prescription drug order may be changed by the intermediary to facilitate the transmission between electronic applications as long as the content of the prescription drug order remains unchanged. This subrule does not prohibit the receiving pharmacist from amending or adding to the content of a prescription as necessary in compliance with federal and state laws, rules, or regulations.

         21.8(2) Information required. In addition to the information requirements for a prescription, an electronically transmitted prescription drug order shall identify the transmitter’s telephone number for verbal confirmation, the time and date of transmission, and the pharmacy intended to receive the transmission as well as any other information required by federal or state laws, rules, or regulations.

         21.8(3) Who may transmit. Orders shall be initiated and authorized only by a prescriber licensed and authorized under state law to prescribe the drug or device identified in the prescription and shall include the prescriber’s electronic signature. An order for a controlled substance shall include the prescriber’s DEA registration number. Orders may be transmitted by the prescriber or the prescriber’s agent. An order transmitted by the prescriber’s agent shall include the agent’s first and last names and title.

         21.8(4) Original prescription. The electronic transmission shall be deemed the original prescription drug order provided it meets the requirements of this rule. The electronic transmission of a prescription drug order for a controlled substance shall meet all requirements of the DEA for electronic prescribing. An electronically prepared and transmitted prescription shall be maintained electronically in the prescriber’s electronic prescription application and the pharmacy prescription application for a minimum period of two years following the date of last activity on that prescription record.

         21.8(5) Failure of electronic transmission. If the transmission of an electronic prescription fails, the intermediary shall notify the prescriber of that transmission failure and the prescriber may print the prescription, manually sign the printed prescription, and deliver the prescription to the pharmacy via facsimile transmission. The faxed prescription shall indicate that it was originally transmitted to the named pharmacy, the date and time of the original electronic transmission, and the fact that the original transmission failed.

[ARC 9912B, IAB 12/14/11, effective 1/18/12; ARC 2639C, IAB 8/3/16, effective 9/7/16]