(a) Prescriptions of electronic transmission shall fulfill these requirements to be valid: - (i) Be transmitted to a licensed pharmacy of the patient's choice, exactly as transmitted by the prescribing practitioner or designated agent;
- (ii) Identify the transmitter's telephone number for verbal confirmation of the time and date of transmission and the identity of the pharmacy intended to receive the transmission, as well as any other information required by federal or state laws and regulations;
- (iii) Be transmitted by an authorized practitioner using a digital or an electronic signature unique to the practitioner, if the transmission is from computer to computer or from computer to fax machine; and
- (iv) The electronic transmission shall be deemed the original prescription drug order, provided it is readily retrievable through the pharmacy computer system and meets those requirements outlined in W.S. § 33-24-136. The electronic transmission shall be maintained for two (2) years from the date of last dispensing.
(b) The pharmacist shall exercise professional judgment regarding the accuracy, validity and authenticity of the prescription communicated by electronic transmission consistent with existing federal or state laws and regulations;
(c) All electronic equipment for receipt of prescriptions communicated by way of electronic transmission shall be maintained to prevent unauthorized access;
(d) Hard copy prescriptions presented to the patient that are generated from electronic media utilizing an electronic signature shall be applied to paper that utilizes security features that will ensure that the prescription is not subject to any form of copying or alteration;
(e) Prescriptions may be transmitted by fax to fax, as allowed in this chapter;
(f) Prescriptions submitted by electronic transmission shall include all the features listed in this chapter;
(g) Electronic prescriptions for controlled substances shall include the requirements of 21 CFR § 1311.10, including: - (i) The practitioner may issue a prescription for a Schedule II, III, IV or V controlled substance electronically if an electronic prescription application is used that has been certified by a third party auditor to ensure that the electronic prescription application records, stores and transmits the prescription accurately and consistently and that the individual practitioner has obtained a two-factor authentication credential for signing;
- (ii) The electronic prescription application must transmit the electronic prescription as soon as possible after signature by the practitioner and the contents of the prescription must not be altered during transmission between the practitioner and pharmacy; and
- (iii) The pharmacy receiving the electronic prescription must determine the third-party certification has found that the pharmacy application accurately and consistently imports, stores and displays the information required for the prescription, including the number of refills and the practitioner's digital signature.
059-2 Wyo. Code R. § 2-28
Amended, Eff. 10/31/2017.