16 CFR 456.3
§ 456.3 Verifiable affirmative consent to providing the prescription in a digital format.
United States · 16 CFR — Commercial Practices · Status: effective
Cite this
- Citation
- 16 CFR 456.3, § 456.3 Verifiable affirmative consent to providing the prescription in a digital format, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/64555
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Full text
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.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.