Here is a link to the DEA site that describes the program:
http://www.deadiversion.usdoj.gov/ecomm/e_rx/faq/practitioners.htmTwo excerpts:
"DEA?s rule, ?Electronic Prescriptions for Controlled Substances? revises DEA?s regulations to provide practitioners with the option of writing prescriptions for controlled substances electronically."
and
"In addition, electronic prescriptions for controlled substances may be subject to state laws and regulations. If state requirements are more stringent than DEA?s regulations, the state requirements would supersede any less stringent DEA provision."
So the DEA says it is OK, and there may be state laws that supersede the feds.
At this point, it makes no difference. The DEA says it can be done if the EMR is in accordance with certain guidelines. Guidelines which essentially have not been written yet.