Electronic transmission of prescriptions lawful
THE Attorney General’s Chambers has advised that the transmission of prescriptions for drugs through electronic means is lawful.
The advice of the attorney general was sought by the Ministry of Health and Wellness.
In a May 26, 2022 letter to the Pharmacy Council of Jamaica, Minister of Health and Wellness Dr Christopher Tufton shared the advice of the attorney general and directed the council be guided accordingly. The minister also invited the council to make recommendations for additional regulations on electronic prescriptions where it deems this necessary.
The ministry said, however, that medication data are highly sensitive personal information, and charged entities transmitting prescriptions electronically to ensure that the system meets the legal requirements of the Government of Jamaica’s Data Protection Act 2020 or to be GDPR (General Data Protection Regulation) compliant to safeguard patient data, privacy and security.
Government agencies, added the health ministry, should be able to audit and confirm the claims of privacy, data protection, cyber threats and encryption if applicable to the system.
Patient consent, meanwhile, should be in writing and reflect agreement to be a part of any programme for their data to be shared electronically with other medical professionals. These consent forms should be readily available for audit.
In addition, the ministry said the freedom to choose the service should remain with the patient while partially fulfilled prescriptions should be available to dispense, with the balance quantity by the same or other pharmacy of the patient’s choosing and which may or may not be a part of the network.
“The system should also be able to avoid dual dispensing of drugs, given the availability of both physical and digital copies, and checks and balances in the system to avoid the same,” the health ministry said.
The ministry, meanwhile, said it will establish a small internal team to coordinate current and emergent issues having to do with the electronic transmission of prescriptions.
