16 CFR §456.3
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
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.