2010 West Virginia Code
CHAPTER 30. PROFESSIONS AND OCCUPATIONS
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.
§30-5-12c. Electronic prescribing.

§30-5-12c. Electronic prescribing.
(a) Notwithstanding any other provision of this code to the contrary, E-prescribing, as defined in subdivision (15), section one-b of this article, is hereby permitted and electronic prescriptions shall be treated as valid prescriptions orders. E-prescribing of controlled substances shall not be permitted, except as provided by emergency rules promulgated by the board pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, which such rules shall not be contrary to any applicable federal law, rule or regulation.

(b) All electronic data intermediaries shall ensure the integrity of all electronic prescriptions and confidential information, such that the data or information are not altered or destroyed in an unauthorized manner. Electronic data intermediaries shall implement policies and procedures to protect electronic prescriptions and all confidential information from improper alteration or destruction.

(c) All electronic prescriptions shall be transmitted in a manner consistent with applicable federal law, rules and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996, 29 U.S.C. §1181, as amended, the Medicare Prescription Drug, Improvement and Modernization Act of 2003, 42 U.S.C. §1395w, as amended, the Controlled Substances Act of 1970, 21 U.S.C. §801, as amended, the Drug Abuse Prevention, Treatment and Rehabilitation Act, 21 U.S.C. §1101, as amended, and the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 U.S.C. §4541, as amended.

(d) The board shall promulgate emergency rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to implement and enforce the provisions of this section.