Mich. Admin. Code R. 338.3162a

Current through Vol. 24-22, December 15, 2024

Section R. 338.3162a - Electronic transmission of prescription; waiver of electronic transmission

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.

Mich. Admin. Code R. 338.3162a

1993 AACS; 2002 AACS; 2022 AACS; 2024 MR 10, Eff. 5/28/2024