---
kind: "section"
citation: "16 C.F.R. § 456.3"
title: "16"
number: "456.3"
heading: "Verifiable affirmative consent to providing the prescription in a digital format."
url: "https://uscodex.org/cfr/16/456.3"
---

# §456.3. Verifiable affirmative consent to providing the prescription in a digital format.


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.

## Notes

### Amendments

[89 FR 60774, July 26, 2024]

### Authority

Authority: 15 U.S.C. 57a.

### Source

Source: 57 FR 18822, May 1, 1992, unless otherwise noted.

### Amendments

[89 FR 60774, July 26, 2024]