Final answer:
The practice of making prescriptions over the phone and refilling them is governed by federal and state regulations, not by a constitutional amendment. The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 and the Controlled Substances Act, as amended, provide the regulatory framework for these practices. These laws ensure patient access to medications while preventing drug abuse.
Step-by-step explanation:
The amendment that permits prescriptions to be made over the phone, via oral transmissions, and allows refills to be called in to the physician's office is not part of the constitutional amendments, such as the Bill of Rights. Instead, these practices are governed by federal and state regulations, one of which is the Medicare Prescription Drug, Improvement, and Modernization Act of 2003. This act helped to improve how prescriptions could be managed, especially benefiting the elderly and disabled. Furthermore, the Controlled Substances Act (CSA) as amended by the Ryan Haight Online Pharmacy Consumer Protection Act of 2008, and various state laws also regulate the prescribing and dispensing of medications, including the allowance for oral prescriptions and refills.
Telemedicine advancements have also made it possible for prescriptions to be issued electronically, adhering to guidelines set by the Drug Enforcement Administration (DEA) and individual state boards of pharmacy. Specifically, the DEA allows for the electronic prescribing of controlled substances, provided that certain requirements are met to ensure security and prevent misuse. These laws and regulations are designed to balance the need for patient accessibility to necessary medications with the need to prevent prescription drug abuse and diversion.