1. (a) Definitions. As used in this part:

   1. (1) “Confidential information” means information that is personally identifiable and, therefore, can be traced back to the patient or prescribing practitioner, that is accessed or maintained by the pharmacist in the patient’s records or that is communicated to the patient as part of patient counseling, which is privileged and may be released only to the patient or prescriber or as the patient or prescriber directs, to those practitioners, other authorized healthcare professionals, and other pharmacists where, in the pharmacist’s professional judgment, such release is necessary to protect the patient’s health and wellbeing, and to such other persons or governmental agencies authorized by law to receive such confidential information, regardless of whether such information is:

      1. (A) In the form of paper;
      2. (B) Preserved on microfilm; or
      3. (C) Stored on electronic media;

   2. (2) “Electronic transmission” means transmission of information in electronic form such as:

      1. (A) Computer-to-computer;
      2. (B) Electronic device to computer;
      3. (C) Email; or
      4. (D) The transmission of the exact visual image of a document by way of electronic equipment; and
   3. (3) “Prescription drug order” means a lawful order of a practitioner for a drug or device for a specific patient that is communicated to a pharmacist.

2. (b) Patient confidentiality requirements.

   1. (1) Prescription information and other patient healthcare information shall be maintained in a manner that protects the integrity and confidentiality of such information as provided by rules of the Arkansas State Board of Pharmacy.
   2. (2) The pharmacy shall provide a mechanism for patients to prevent the disclosure of any information, confidential or otherwise, about them that was obtained or collected by the pharmacist or pharmacy incidental to the delivery of pharmaceutical care other than as authorized by law or rules of the board.

   3. (3) The pharmacist-in-charge shall:

      1. (A)

3. (i) Establish written policies and procedures for maintaining the integrity and confidentiality of prescription information and patient healthcare information.

   1. (ii) All employees of the pharmacy with access to any such information shall be required to read, sign, and comply with the established policies and procedures; and

      1. (B) Ensure that the requirements of this rule are established and implemented.

         1. (c) Manner of issuance of a prescription drug order.

   2. (1)

      1. (A) A prescription drug order may be transmitted to a pharmacy by electronic transmission.
      2. (B) If transmitted by way of electronic transmission, the prescription drug order shall be immediately reduced to a form by the pharmacist that may be maintained for the time required by law or rules.
      3. (C) Persons other than those bound by a confidentiality agreement, pursuant to a consent agreement, shall not have access to pharmacy records containing personally identifiable confidential information concerning the pharmacy’s patients or prescribers.

   3. (2) All prescription drug orders communicated by way of electronic transmission shall:

      1. (A) Be sent only to the pharmacy of the patient’s choice with no intervening person having access to the prescription drug order;
      2. (B) Identify the transmitter’s phone number for verbal confirmation, the time and date of transmission, and the pharmacy intended to receive the transmission, as well as any other information required by federal or state law;
      3. (C) Be transmitted by the authorized practitioner or the designated agent of the practitioner; and
      4. (D) Be deemed the original prescription drug order provided it meets the requirement of this rule and other law or regulation.

   4. (3)

      1. (A) All electronic equipment for receipt of prescription drug orders communicated by way of electronic transmission shall be maintained so as to ensure against unauthorized access.
      2. (B) The pharmacist shall exercise professional judgment regarding the accuracy, validity, and authenticity of the prescription drug order consistent with existing federal or state laws, rules, or regulations.

   5. (4) The prescribing practitioner may authorize his or her agent to transmit a prescription drug order by electronic transmission to the pharmacy provided that the identity of the transmitting agent is included in the order.

      1. (d) Patient records.

   6. (1) Personally identifiable confidential information in the patient medication record may be released to:

      1. (A) The patient;
      2. (B) The prescriber;
      3. (C) Other licensed practitioners then caring for the patient;
      4. (D) Another licensed pharmacist;
      5. (E) The board or its representatives; or
      6. (F) Any other person duly authorized by law to receive such information.
   7. (2) Personally identifiable confidential information in the patient medication record may be released to others only on written release of the patient.
   8. (3) Personally identifiable confidential information in the patient medication record related to identity of the prescriber may be released only on written release of the prescriber.
4. (e) Discipline. The board may refuse to issue or renew, or may suspend, revoke, restrict the licenses or the registration of, or fine any person for divulging or revealing confidential information to a person other than as authorized by rules of the board.

5. (f) Security.

   1. (1) To maintain the confidentiality of patient and prescriber records, the computer system shall have adequate security and system safeguards designed to prevent and detect unauthorized access, modification, or manipulation of patient records.
   2. (2) Once the drug has been dispensed, any alterations in prescription drug order data shall be documented, including the identification of the pharmacist responsible for the alteration.

6. (g) Providing electronic equipment by pharmacists or pharmacies to practitioners or healthcare facilities prohibited.

   1. (1) A pharmacist or pharmacy shall not provide a computer modem or other similar electronic device to a prescriber or healthcare facility for the purpose of providing an incentive to the practitioner or healthcare facility to refer patients to a particular pharmacy or department.
   2. (2) This shall not prohibit a hospital from providing in-house equipment for the use of practitioners and the hospital pharmacy to communicate within the facility.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Amended 10/2000, 3/2001, and 5/10/2022)"