Montana News: Electronic Signature for Controlled Substance Prescriptions

January 1, 2007 4:12 PM Topics: Controlled substances and Electronic prescriptions

Reprinted from the January 2007 Montana Board of Pharmacy Newsletter.

Computer-generated prescriptions, electronic prescribing, and e-signatures are now a reality in daily pharmacy practice. The Board of Pharmacy has adopted rules (24.174.523) that allow for secure electronic signature and transmission of prescriptions for non-CS; however, DEA does not allow electronic signature of prescriptions for CS. DEA has said that electronically signed prescriptions for CS in Schedules III-V can only be accepted if the information is verified with the prescriber prior to dispensing. Prescriptions for Schedule II CS may not be electronically signed under any circumstance. Electronic transmission of Schedule II prescriptions is only allowed for hospice, nursing home, or hospitalized patients.

DEA is working in earnest to write rules to address electronic signature of CS prescriptions, which is required by the Electronic Signatures in Global and National Commerce (ESIGN) Act signed by President Bill Clinton in June 2000. The purpose of the ESIGN law is to spur the growth of electronic commerce by ensuring electronic contracts, signatures, and records have the same legal status and effect as their ink and paper counterparts.