Electronic Commerce: Electronic Orders for Schedule I and II Controlled Substances; Electronic Prescriptions for Controlled Substances

The Drug Enforcement Administration (DEA) is publishing this Advance Notice of Proposed Rulemaking to formally notify the interested public of DEA's intent to publish Notices of Proposed Rulemaking regarding two electronic initiatives. The first electronic initiative (RIN 1117-AA60) will propose regulations to provide DEA registrants with the option of ordering Schedule I and II controlled substances electronically in a manner consistent with the requirements of the Controlled Substances Act (21 U.S.C. 801 et seq.). The regulations will propose that this electronic system may also be used for ordering controlled substances in Schedules III, IV and V. The second electronic initiative (RIN 1117-AA61) will propose regulations to permit DEA registered prescribers to electronically write, sign and transmit prescriptions. These proposed regulations would be an addition to, not a replacement of, the existing rules. Through these electronic initiatives, DEA will be proposing regulations consistent with the Government Paperwork Elimination Act (Pub. L. 105-277) (GPEA) and the Electronic Signatures in Global and National Commerce Act (Pub. L. 106- 229) (E-Sign). Publication of this Advance Notice of Proposed Rulemaking also responds to the requirements of E-Sign which state that for a Federal agency which has announced, proposed, or initiated a rulemaking proceeding to prescribe a regulation responding to E-Sign on or before March 1, 2001, the effect of E-Sign's record retention provision is delayed until June 1, 2001.