Legislative News
AUDIT ALERT
It has been brought to our attention that some PBMs are auditing our local pharmacies for prescriptions that are electronically generated, electronically signed, and handed to the patient to bring in to the pharmacy. According to the law (see below) electronic signatures are only valid if transmitted (electronically, directly to the pharmacy or by fax). This includes all prescriptions, not just controlled substances. If you receive prescriptions as described above, you will need to call the prescriber to verify the validity of the prescription and notate on the hard copy.
“456.42 Written prescriptions for medicinal drugs.—
(1) A written prescription for a medicinal drug issued by a health care practitioner licensed by law to prescribe such drug must be legibly printed or typed so as to be capable of being understood by the pharmacist filling the prescription; must contain the name of the prescribing practitioner, the name and strength of the drug prescribed, the quantity of the drug prescribed, and the directions for use of the drug; must be dated; and must be
signed by the prescribing practitioner on the day when issued.
However, a prescription that is electronically generated and transmitted must contain
the name of the prescribing practitioner, the name and strength of the drug prescribed, the
quantity of the drug prescribed in numerical format, and the directions for use of the drug
and must be dated and signed by the prescribing practitioner only on the day issued, which
signature may be in an electronic format as defined in s. 668.003(4).
668.003 Definitions.—As used in this act:
(1) “Certificate” means a computer-based record which:
(a) Identifies the certification authority.
(b) Identifies the subscriber.
(c) Contains the subscriber’s public key.
(d) Is digitally signed by the certification authority.
(2) “Certification authority” means a person who issues a certificate.
(3) “Digital signature” means a type of electronic signature that transforms a message
using an asymmetric cryptosystem such that a person having the initial message and the
signer’s public key can accurately determine:
(a) Whether the transformation was created using the private key that corresponds to the
signer’s public key.
(b) Whether the initial message has been altered since the transformation was made.
A “key pair” is a private key and its corresponding public key in an asymmetric cryptosystem, under which the public key verifies a digital signature the private key creates. An “asymmetric cryptosystem” is an algorithm or series of algorithms which provide a secure key pair.
(4) “Electronic signature” means any letters, characters, or symbols, manifested by
electronic or similar means, executed or adopted by a party with an intent to authenticate a
writing. A writing is electronically signed if an electronic signature is logically associated with such writing.
History.—s. 4, ch. 96-224.
Note.—Former s. 282.72.”
