Electronic Prescribing of Controlled Substances

Effective January 1, 2022, Senate Bill 0166 (CH0299)/House Bill 0512 (CH0230) (2020) Drugs and Devices – Electronic Prescriptions – Controlled Dangerous Substances requires licensed health care providers to electronically prescribe prescriptions for controlled dangerous substances. The Health General Article, 21-220(C) provides exceptions to this requirement, and the requirement to request a waiver. A health care practitioner who is unable to electronically transmit prescriptions for controlled dangerous substance drugs may request a waiver from the electronic prescribing requirement under certain circumstances. A waiver, if granted, may not exceed one year.

Pharmacists:

A pharmacist may continue to accept handwritten prescriptions. This bill allowed for a waiver and multiple exceptions. Many of the exceptions would be difficult for a pharmacist to verify. Therefore, the bill stated that a pharmacy is not required to verify the ability of a provider to issue non-electronic prescriptions. While a pharmacist does not need to verify that the prescription is an authorized exception to the electronic prescription requirement, the pharmacist must still follow due diligence requirements to ensure the prescription is written for a legitimate medical purpose.

Providers:

If you are a provider that is unable to issue controlled substance prescriptions electronically, please visit the OCSA website. On the left panel, select the “Electronic Prescribing Waiver Request". Please read the page completely to verify the need for a waiver. If you meet the criteria for one of the listed exceptions, you do not need to apply for a waiver or issue controlled substance prescriptions electronically. If you are required to apply for a waiver, click the link at the bottom of the page to submit an application for a waiver.​