what's inside - New York State Dental Association

New Electronic Prescribing Regulations Affect Conduct of Prescribers continued from page 1Similarly, the Pharmacy Practice Act was amended toapply the same mandatory generic drug substitutionand “dispense as written” requirements for electronicprescriptions as for written prescriptions. Dentists whowish to have a brand name drug dispensed only aswritten must now make a specific electronic indicationof this requirement as part of the electronic prescription,just as they would on a written prescription.Another requirement is that all prescriptions sent byfacsimile must be manually signed by the prescribingdentist. Prescriptions sent by facsimile are not treated aselectronic prescriptions under the new laws and regulations,but as ordinary written prescriptions that just happento be sent via a telefax to the pharmacy.The new regulations implement the statutory requirementsfor all these changes to the law. They take effecton July 11.The critical new change for dentists is the requirementof a valid electronic signature to legitimize anelectronic prescription. Under the new regulations,an electronic signature means any electronic sound,symbol or process, attached to or logically associatedwith an electronic prescription, executed or adoptedby a person with the intent to sign the prescription,and effectively secured from alteration by an unauthorizedthird party. It does not have to be a reproductionof the prescriber’s written signature, but itdoes have to be a secure process that is specific tothe prescriber and indicates that the prescriberintended to sign and issue the prescription. A phar-macist will not accept the electronic prescription if ithas not been, at a minimum, electronically encryptedby the prescribing dentist.Various e-prescribing software systems meet thenew requirements when used by a prescribing dentist,and a dentist will need to investigate and purchasesuch systems carefully. The dentist is going towant to ensure that the e-prescribing system will alsobe compatible with the coming electronic prescriptionrequirements of the United States Drug EnforcementAdministration (DEA), which is moving toward electronicprescriptions for controlled substances too.New York is not yet at that point for controlled substances,which continue to be covered under the oldwritten prescription rules. zNYSDA NEWS / May 20128