The following are the terms and conditions pursuant to which a prescriber or health care professional ("you" or "your") may access and use Baxter's DirectAccess system ("DirectAccess"). This is a legally binding document that details your rights and obligations relative to your access and use of DirectAccess. The terms and conditions of your access and use of DirectAccess ("Esignature Terms") must be expressly accepted by you prior to and as a condition to you electronically signing prescriptions using DirectAccess. It is your responsibility to understand and abide by the Esignature Terms and by all other policies and procedures promulgated and communicated by Baxter that may supplement, modify or amend the Esignature Terms from time to time. The right to use DirectAccess offered by Baxter and granted to you by the Site Administrator is personal to you and is not transferable and cannot be, without limitation, sold or resold, licensed or sublicensed, assigned or conveyed, in whole or in part, to any other person or entity.
This site is maintained in material compliance with 21 CFR Part 11 to the extent that any information or documentation provided on this Web site is subject to the requirements thereunder.
Baxter Healthcare Corporation is a global health care company operating and providing an electronic signature service for prescribers and health care providers that allows the ability to create and send electronic signature requests and provides the ability for prescribers to sign prescriptions electronically using DirectAccess.
When using DirectAccess, you agree to transact business using electronic communications, electronic records, and optionally electronic signatures rather than using paper documents. By using DirectAccess, you agree to use an electronic signature in lieu of a paper-based signature. You understand that recent legislation such as E-Sign and UETA have provided electronic signatures the legal equivalence of handwritten signatures on paper (just like your signing a piece of paper) and thus legally binding in the United States and in other countries. However Baxter does not make any warranties or guarantees as to the enforceability of E-Sign and UETA legislation for transactions and documents. You further agree not to electronically sign a prescription without first reading it, thus demonstrating that you are able to access the electronic information contained therein. You agree that you are aware that according to E-Sign you are not required to sign electronically if you prefer not to do so.
Baxter has outlined the process it uses to capture and apply electronic and handwritten signatures to prescriptions (Refer to "DirectAccess Online Tutorial" section ). E-Sign and other recent legislation provides protections equivalent of paper documents and handwritten signatures to electronic signatures. For certain documents, contracts, and transaction types electronic signatures may not be valid and may not be covered under such legislation as E-sign and UETA. The list of documents that may not use electronic signatures is subject to change and may vary from locality to locality. An initial list of excepted documents can be found in Section 103 of the E-sign legislation.
Baxter does not guarantee the identity of users signing prescriptions and makes no warranties or guarantees as to the identity of users utilizing DirectAccess. Site Administrators are responsible for confirming the identity of users and granting the role permission to sign a prescription electronically.
Baxter cannot guarantee the validity or encryption of an electronically signed prescription once such prescription or data leave DirectAccess or Baxter's server, such as when a user is forwarding, accessing, or storing the data elsewhere or after a user has closed its account and deleted its documents and audit trails.
DirectAccess relies on e-mail notifications and users logging in to DirectAccess to alert prescribers of Esignature requests and other service information. Baxter cannot guarantee receipt of e-mails or that e-mails will not be filtered, lost, diverted, deleted through the Internet or from providers or corporate systems or "spam" systems. Baxter cannot guarantee the reliability or security of e-mail and or service providers' ability to process e-mails.
Baxter provides on an "as is available" basis information on each signed prescription such as prescriber DirectAccess user ID, NPI number, full name of prescription signer and date and time of Esignature. You acknowledge that Baxter does not guarantee that it can collect all audit trail information for transactions as certain information may not be available for each transaction such as IP address or other audit trail information collected.
This Agreement constitutes the entire agreement between you and Baxter and supersedes all prior agreements and understandings, whether written or oral. Baxter may amend this Agreement at any time. Baxter reserves the right to change terms, policies, interfaces, pricing, mechanisms, software, or any other features of its service at any time.