§ 456.3 Verifiable affirmative consent to providing the prescription in a digital format.
For a prescription copy provided in a digital format, the prescriber shall:
(a) Identify to the patient the specific method or methods of electronic delivery that will be used, such as text message, electronic mail, or an online patient portal;
(b) Obtain, on paper or in a digital format, the patient's verifiable affirmative consent to receive a digital copy through the identified method or methods; and
(c) Maintain records or evidence of a patient's affirmative consent for a period of not less than three years. Such records or evidence shall be available for inspection by the Federal Trade Commission, its employees, and its representatives.
[89 FR 60774, July 26, 2024]