(8) for a prescription issued pursuant to an established and
valid collaborative practice agreement between a practitioner
and a pharmacist, a standing order or a drug research protocol;
(9) for a prescription issued in an emergency situation
pursuant to Federal or State law and regulations of the board;
(10) under circumstances where the pharmacy that receives
the prescription is not set up to process electronic
prescriptions; or
(11) for controlled substances that are not required to be
reported to the Prescription Drug Monitoring Program system
administered by the department.
(b.1) (1) A practitioner, pharmacy or health care facility
that does not meet an exception to the electronic prescribing
requirements under subsection (a) or (b) and is unable to timely
comply with the electronic prescribing requirements may petition
the department for an exemption from the requirements based upon
economic hardship, technical limitations or exceptional
circumstances.
(2) The department shall adopt rules establishing the form
and specific information to be included in a request for an
exemption.
(3) The department may approve an exemption for a period of
time determined by the department not to exceed one year from
the date of approval and may be renewed annually upon request
subject to department approval.
(4) The department may grant additional exemptions beyond
the exemptions provided for in subsections (a) and (b) subject
to the act of June 25, 1982 (P.L.633, No.181), known as the
Regulatory Review Act.
(b.2) A prescription generated on an electronic system and
printed or transmitted via facsimile is not an electronic
prescription.
(b.3) (1) A pharmacist who receives a written, oral or
faxed prescription shall not be required to verify that the
prescription properly falls under one of the exceptions provided
in subsections (a) and (b) from the requirement to
electronically prescribe. A pharmacist may continue to dispense
medications from the otherwise valid written, oral or faxed
prescriptions that are consistent with current laws and
regulations.
(2) If a pharmacist has a reasonable belief that a patient
may be seeking a monitored prescription drug for a purpose other
than the treatment of an existing medical condition, the
pharmacist shall have the responsibility described in 21 C.F.R.
§ 1306.04 (relating to purpose of issue of prescription).
(3) A practitioner shall be subject to the responsibilities
described in 21 C.F.R. § 1311.102 (relating to practitioner
responsibilities).
(b.4) The department shall require the prescription origin
to be submitted by dispensers under the authority of the
department in compliance with the act of October 27, 2014
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