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Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

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  195.550.  Electronic prescriptions required, when, exceptions — violations. — 1.  Notwithstanding any other provision of this section or any other law to the contrary, beginning January 1, 2021, no person shall issue any prescription in this state for any Schedule II, III, or IV controlled substance unless the prescription is made by electronic prescription from the person issuing the prescription to a pharmacy, except for prescriptions:

  (1)  Issued by veterinarians;

  (2)  Issued in circumstances where electronic prescribing is not available due to temporary technological or electrical failure;

  (3)  Issued by a practitioner to be dispensed by a pharmacy located outside the state;

  (4)  Issued when the prescriber and dispenser are the same entity;

  (5)  Issued that include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard;

  (6)  Issued by a practitioner for a drug that the federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic processing;

  (7)  Issued by a practitioner allowing for the dispensing of a nonpatient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription;

  (8)  Issued by a practitioner prescribing a drug under a research protocol;

  (9)  Issued by practitioners who have received an annual waiver, or a renewal thereof, from the requirement to use electronic prescribing, pursuant to a process established in regulation by the department of health and senior services, due to economic hardship, technological limitations, or other exceptional circumstances demonstrated by the practitioner;

  (10)  Issued by a practitioner under circumstances where, notwithstanding the practitioner's present ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient's medical condition; or

  (11)  Issued where the patient specifically requests a written prescription.

  2.  A pharmacist who receives a written, oral, or faxed prescription is not required to verify that the prescription properly falls under one of the exceptions from the requirement to electronically prescribe.  Pharmacists may continue to dispense medications from otherwise valid written, oral, or fax prescriptions that are consistent with state and federal laws and regulations.

  3.  An individual who violates the provisions of this section may be subject to discipline by his or her professional licensing board.

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(L. 2019 S.B. 514)


---- end of effective   28 Aug 2019 ----

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