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An Act Concerning Electronic Transmission of Prescriptions Between Prescribers and Licensed Pharmacies

Public Act No. 04-107
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 20-614 of the general statutes is amended by adding subsection (d) as follows (Effective October 1, 2004):
(NEW) (d) (1) As used in this subsection, "electronic data intermediary" means an entity that provides the infrastructure that connects the computer systems or other electronic devices utilized by prescribing practitioners with those used by pharmacies in order to facilitate the secure transmission of electronic prescription orders, refill authorization requests, communications and other patient care information between such entities.
(2) An electronic data intermediary may transfer electronically transmitted data between a prescribing practitioner licensed and authorized to prescribe and a pharmacy of the patient's choice, licensed pursuant to chapter 400j or licensed under the laws of any other state or territory of the United States. Electronic data intermediaries shall not alter the transmitted data except as necessary for technical processing purposes. Electronic data intermediaries may archive copies of only that electronic data related to such transmissions necessary to provide for proper auditing and security of such transmissions. Such data shall only be maintained for the period necessary for auditing purposes. Electronic data intermediaries shall maintain patient privacy and confidentiality of all archived information as required by state and federal law.
(3) No electronic data intermediary shall operate without the approval of the Commissioner of Agriculture and Consumer Protection. An electronic data intermediary seeking approval shall apply to the Commission of Pharmacy in the manner prescribed by the commissioner. The commissioner, with the advice and assistance of the commission, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to establish criteria for the approval of electronic data intermediaries, including requirements for (A) the procedures to be used for the transmission and retention of prescription data by an intermediary and (B) mechanisms to be used by an intermediary to safeguard the confidentiality of such data.
Sec. 2. Section 20-612 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):
[Only] Subject to the provisions of subsection (d) of section 20-614, as amended by this act, only a pharmacy shall accept a prescription for dispensing. No employee, personnel or owner of a place of business or establishment not licensed as a pharmacy may accept a prescription for transfer to or for collection for a pharmacy.