G ove r n men t Re lat ions
New State Law Requires Use of Electronic Prescriptions
The Pennsylvania General Assembly passed HB353 (now Act 96
of 2018), which requires health care providers to electronically
prescribe all Schedule II-V controlled substances, except when
they are directly dispensed or administered by the provider
(other than the pharmacists).
EXEMPTIONS
Act 96 includes a number of exemptions. Providers do not have
to comply with this mandate if any of the following apply:
1. If a veterinarian issues the prescription.
2. If the prescription is not available to be issued or received
due to a temporary technological or electrical failure
(in this situation, a provider must, within 72 hours, see to
correct any cause for the failure that is reasonably within
his or control).
3. The prescription is dispensed by a practitioner or pharmacy
located outside of Pennsylvania.
4. The prescription is prescribed by a provider who or a health
care facility that does not have either of the following:
• Internet access.
• An electronic health record system.
5. Instances when a provider treating a patient in an
emergency department or health care facility determines
that it is impractical for the patient to obtain the controlled
substance if it were prescribed electronically, or it would
cause an untimely delay that adversely impacts the
patient’s medical condition.
6. Prescriptions issues for patients enrolled in a hospice
program, and residents in a nursing home or residential
health care facility.
7. Situations in which controlled substance compounded
prescriptions and prescriptions containing certain elements
required by the FDA or any other governmental agency
cannot not be prescribed electronically.
8. Prescriptions issues pursuant to an established and
valid collaborative practice agreement between
the provider and pharmacist, a standing order or a drug
research protocol.
9. Prescriptions issues in an emergency situation pursuant to
federal or state law, and Department of Health (DOH)
regulations.
10. Where the pharmacy that receives the prescription is not
set up to process electronic prescriptions.
11. Controlled substances that are not required to be reported
to the Prescription Drug Monitoring System (PDMP).
COMPLIANCE
Providers who do not qualify for any of the above mentioned
exemptions must start complying with the law by
October 24, 2019. Providers who are unable to timely comply
with the requirements may petition DOH for an exemption
based on economic hardship, technical limitations or
exceptional circumstances. DOH will adopt regulations
establishing the form and specific information providers should
include when petitioning for an exemption. PDA will inform
members once this form is available.
DOH may approve an exemption for a specified amount of
time, not to exceed one year from the date of approval. The
exception may be renewed annually, subject to approval.
PDA recommends that providers still take steps necessary to
comply with Act 96 even when petitioning DOH for a
hardship exception. Be prepared to comply by October 24 in
case DOH does not grant the hardship exemption.
PENALTIES
Providers who violate the Act are subject to the following
penalties:
• An administrative penalty of $100 for the first ten violations.
• An administrative penalty of $250 for each subsequent
violation, up to a maximum of $5,000 per calendar year.
• Violations will reset and not carry over to subsequent
calendar years.
DOH will NOT report violations to the provider’s licensing
board, nor does the provider need to self-report any violations.
Licensing boards will NOT take disciplinary actions for any
violations of Act 96 of 2018. Providers will have the ability to
appeal any fine assessed by DOH.
MAY/JU N E 2019 | P EN N SYLVAN IA DEN TAL JOURNAL
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