[§328-17.8]  Electronic prescription
information.  (a) Prescription information may be transmitted
electronically; provided that:



(1)  The information shall be communicated only
between the prescribing practitioner or the prescriber's authorized agent and
pharmacies or medical oxygen distributors of the patient's choice;



(2)  The information shall be communicated in a
retrievable, recognizable format acceptable to the intended recipient;



(3)  No electronic system, software, or other
intervening mechanism or party shall alter the practitioner's prescription,
order entry, selection, or intended selection without the practitioner's
approval, on a per prescription or per order basis.  Transmitted prescription
information shall not be altered by any system, software, or other intervening
mechanism or party prior to receipt by the intended pharmacy or medical oxygen
distributor recipient;



(4)  The prescription information processing system
shall provide for adequate confidentiality safeguards provided by any applicable
federal or state law; and



(5)  Practitioners, pharmacists, and medical oxygen
distributors shall exercise prudent and professional judgment regarding the
accuracy, validity, and authenticity of any prescription information
communicated, received, or transferred.



(b)  Nothing in this section shall be construed
or interpreted to prevent the transmission of health care information,
including prescription information, between health plans and their authorized
agents and prescribing practitioners, pharmacists, and medical oxygen
distributors for the purpose of the adjudication or payment of claims. [L 2001,
c 124, pt of §1]