Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 721.000 - Standards for Prescription Format and Security in Massachusetts
Section 721.060 - Prescribing in Emergency Situations

Universal Citation: 105 MA Code of Regs 105.721

Current through Register 1531, September 27, 2024

(A) In case of an Emergency Situation, the requirements of 105 CMR 721.000 to use an Electronic Prescribing System to generate, transmit and receive a Prescription are waived. In these situations, Written and Oral Prescriptions may be issued and must comply with all other Prescription requirements, including requirements outlined in 105 CMR 721.070(B).

(B) In case of an Emergency Situation a pharmacist may dispense a controlled substance in schedule II upon receiving the written or orally transmitted authorization of a prescribing practitioner, provided:

(1) the quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period;

(2) the Prescription contains all information required by M.G.L. c. 94C, § 20(a), except for the actual signature of the prescribing practitioner, and the Prescription is immediately entered into a compliant electronic pharmacy system or otherwise reduced to writing by the dispensing pharmacist;

(3) if the prescribing practitioner is not known to the dispensing pharmacist, the dispensing pharmacist makes a reasonable good faith effort to determine that the orally transmitted authorization was issued by a prescribing practitioner;

(4) within seven business days after authorizing an emergency orally transmitted Prescription, the prescribing practitioner shall cause an Electronic or Written Prescription for the emergency quantity prescribed to be delivered to the pharmacy which must have written on its face "Authorization for Emergency Dispensing" and shall comply with federal and state law. The Written Prescription may be delivered to the pharmacist in person or by mail, but if delivered by mail, it must be postmarked within the seven day period; and

(5) upon receipt of the Prescription issued under 105 CMR 721.060(B)(4), the dispensing pharmacist shall attach the Prescription to the orally transmitted emergency Prescription which had earlier been reduced to writing. The pharmacist shall notify the nearest office of the Drug Enforcement Administration if the prescribing individual practitioner fails to deliver a Written Prescription to the pharmacist in accordance with 105 CMR 721.060(B)(4).

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