Current through Vol. 24-16, September 15, 2024
Rule 62a.
(1)
Effective on January 1, 2023 prescribers shall, unless an exception under
section 17754a of the code, MCL
333.17754a, applies,
electronically transmit a prescription and a pharmacist may dispense the
electronically transmitted prescription, if all of the following conditions are
satisfied:
(a) The prescription is
transmitted to the pharmacy of the patient's choice and occurs only at the
option of the patient.
(b) The
electronically transmitted prescription includes all of the following
information:
(i) The name and address of the
prescriber.
(ii) An electronic
signature or other board-approved means of ensuring prescription
validity.
(iii) The prescriber's
telephone number for verbal confirmation of the order.
(iv) The time and date of the electronic
transmission.
(v) The name of the
pharmacy intended to receive the electronic transmission.
(vi) Unless otherwise authorized under
section 17754(1)(b) of the code, MCL
333.17754, the full name of the
patient for whom the prescription is issued.
(vii) All other information that must be
contained in a prescription under R 338.3161.
(c) The pharmacist exercises professional
judgment regarding the accuracy, validity, and authenticity of the transmitted
prescription.
(d) All requirements
in section 17754a of the code, MCL
333.17754a, are
met.
(2) An
electronically transmitted prescription that meets the requirements of subrule
(1) of this rule is the original prescription.
(3) A prescriber applying for a waiver from
section 17754a of the code, MCL
333.17754a, shall submit a
completed application to the department, on a form provided by the department,
and satisfy either of the following requirements:
(a) The prescriber provides evidence
satisfactory to the department that the prescriber has received a waiver of the
Medicare requirement for the electronic transmission of controlled substances
prescriptions from the CMS.
(b) The
prescriber is unable to meet the requirements of section 17754a(1) or (2) of
the code, MCL
333.17754a, and the prescriber
meets 1 of the following:
(i) The prescriber
demonstrates economic hardship or technological limitations that are not within
the control of the prescriber.
(ii)
The prescriber demonstrates by attesting to exceptional circumstances,
including, but not limited to, the following:
(A) Prescribing fewer than 100 controlled
substances prescriptions per year or the number of controlled substances
prescriptions used in the CMS waiver for electronic transmission of
prescriptions for controlled substances, whichever is more.
(B) The prescriber has or intends within the
next 12 months to no longer regularly practice their licensed profession for
financial gain or as a means of livelihood.
(C) Limited practice due to an illness or
other unforeseen event.
(iii) The prescriber issues prescriptions
from a not-for-profit medical clinic that provides free or low-cost services to
the public.
(4)
A waiver is valid for 2 years and applies to the specific circumstances
included in the application. A waiver may be renewed by application to the
department.
