Section 1149.43a. Clarification of the terms ‘‘in writing’’, ‘‘written’’ and ‘‘signature’’—statement of policy

(a) The terms ‘‘in writing’’ and ‘‘written’’ in § 1149.43(7) and (8) (relating to requirements for dental records) include prescriptions that are handwritten or transmitted by electronic means.

(b) Written prescriptions transmitted by electronic means must be electronically encrypted or transmitted by other technological means designed to protect and prevent access, alteration, manipulation or use by any unauthorized person.

(c) The term ‘‘signature’’ in § 1149.43(8)(vi) includes a handwritten or electronic signature that is made in accordance with the Electronic Transaction Act (73 P. S. § § 2260.101—2260.5101).

The provisions of this § 1149.43a adopted July 16, 2010, effective July 17, 2010, 40 Pa.B. 3963.