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North Carolina News: Item 2122 - Electronic Signatures on Controlled Substance Prescriptions
Reprinted from the July 2006 North Carolina Board of Pharmacy Newsletter.
Electronic prescribing is an increasing fact of life in pharmacy practice today. Many pharmacists are confused, though, about whether or not and under what circumstances e-prescribing is permissible for controlled substances (CS).
The Board understands that DEA continues to take the position that e-prescribing for Schedule II substances is never appropriate. Federal law permits faxing of Schedule II prescriptions in limited circumstances (such as for residents of long-term care facilities and hospices). But beyond these narrow cases, e-prescriptions for Schedule II substances are prohibited.
The Board also understands that DEA continues to take the position that the only permissible “electronic” prescription for a Schedule III, IV, or V substance is a faxed copy of a paper prescription that the prescriber actually signed. In other words, “electronic signatures,” though permitted by state law, are not acceptable for Schedule III, IV, or V prescriptions.
These positions may change in the coming months. DEA has for a number of years pledged to take a fresh look at e-prescribing issues, with no visible result. Medicare Part D, however, specifically directs Centers for Medicare and Medicaid Services (CMS) to develop uniform standards for e-prescribing, a practice that the statute encourages as a potential cost-savings and patient safety improvement. CMS and DEA have jointly noticed a conference among their agencies to discuss e-prescribing issues as they relate to CS. It seems almost certain that DEA will be forced to critically reevaluate its position on these issues.
