Notice: This CMS-approved document has been submitted - Philips ...

CMS-1403-FC
proposed January 2009 compliance date, the commenter felt
that additional burdens would be placed on the prescriber
to obtain this information from the patient up front, or
could compel patients to make different pharmacy choices
which could result in lost business for pharmacies that are
only facsimile-enabled.
Response: The DEA has authority through the
Controlled Substances Act over the electronic prescribing
of controlled substances, and does not currently allow for
the electronic prescribing of Schedule II drugs. As such
substances currently may not be prescribed electronically,
there is no conflict of law at this time. As noted
previously, e-prescribing under Medicare Part D is
voluntary for prescribers and dispensers – they are not
required to issue prescriptions in electronic form.
Although the DEA has published a notice of proposed
rulemaking to allow for the electronic prescribing of
controlled substances, we have no indication as to when the
DEA will make a final determination on this issue. We
continue to work with the DEA to help facilitate a solution
that addresses both their enforcement requirements with
respect to the electronic prescribing of controlled
substances, and the needs of the healthcare community for a
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