Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 721.000 - Standards for Prescription Format and Security in Massachusetts
Section 721.070 - ePrescribing Exceptions

Universal Citation: 105 MA Code of Regs 105.721

Current through Register 1531, September 27, 2024

(A) The following Prescriptions shall not be required to be issued as Electronic Prescriptions, and may be issued as Written or Oral Prescriptions, provided, however, that Oral Prescriptions must comply with 105 CMR 721.070(B) and that no Written or Oral Prescription may be issued under any exception enumerated below in an effort to circumvent the requirement to issue an Electronic Prescription:

(1) Prescriptions issued by veterinarians;

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

(3) Prescriptions issued by practitioners who have applied for and received a waiver pursuant to 105 CMR 721.075;

(4) Prescriptions issued or dispensed in Emergency Situations in accordance with 105 CMR 721.060;

(5) Prescriptions that cannot be issued electronically under federal or state law or regulations, including those issued for a drug for which the U.S. Food and Drug Administration (FDA) requires certain elements that cannot be accomplished with electronic prescribing;

(6) Prescriptions issued outside the jurisdiction of the Commonwealth of Massachusetts;

(7) Prescriptions issued pursuant to 105 CMR 700.003(J) for expedited partner therapy for treatment of chlamydia, which are intended for dispensing to the patient's partner;

(8) Prescriptions for Compounded Drug Preparations, subject to standards outlined in Department guidance;

(9) Prescriptions issued for controlled substances in schedule VI;

(10) Prescriptions for durable medical equipment, as defined in 42 U.S.C. § 1395x(n);

(11) Prescriptions issued prior to January 1, 2025, or such later date as determined by the Department, to residents of Level I, II, or III Long-term Care Facilities, as defined in 105 CMR 150.000: Standards for Long-term Care Facilities; and

(12) Prescriptions issued in response to a declared public health emergency, pursuant to M.G.L. c. 17, § 2A, or for the treatment, control and prevention of diseases dangerous to public health, including sexually transmitted infections, pursuant to M.G.L. c. 111, § 6, or for any other urgent public health matter.

(B) A practitioner issuing an Oral Prescription for a controlled substance in schedules II through V, in accordance with 105 CMR 721.070(A), shall, within a period of not more than seven business days, or such shorter period that is required by federal law, cause a Written or Electronic Prescription for the prescribed controlled substance to be delivered to the dispensing pharmacy. The Written Prescription may be delivered to the pharmacy in person or by mail, but shall be postmarked within seven business days or such shorter period that is required by federal law. The practitioner shall indicate on the Written Prescription that such Prescription is being issued to document an Oral Prescription.

(C) A pharmacist who receives an otherwise valid Written or Oral Prescription is not required to verify that such Prescription properly falls under one of the exceptions from the requirement to electronically prescribe, including a waiver under 105 CMR 721.070(A)(3).

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