Utah Admin. Code R156-37-609 - Electronic Prescriptions for Controlled Substances

(1) Under Subsection 58-37-22(2)(a), a prescribing practitioner or pharmacy experiencing a temporary technical difficulty or electronic failure under Subsection 58-37-22(1)(d) shall document the nature of the technical difficulty or electronic failure on the prescription's hard copy.

(2) A pharmacist who receives a written, oral, or faxed controlled substance prescription is not required to verify that the prescription qualifies for an exemption under this section, and may dispense and deliver medication from an otherwise valid written, oral, or faxed controlled substance prescription.

(3) Under Subsection 58-37-22(2)(c), a prescribing practitioner or pharmacy is exempt from the electronic prescription requirements of Section 58-37-22 if:

(a)

(i)

(A) the prescribing practitioner is licensed in a jurisdiction other than Utah; and

(B) the receiving pharmacy orally confirms the prescription with the prescribing practitioner;

(ii) the prescribing practitioner and dispensing pharmacy are the same entity;

(iii) the prescription is a Schedule II oral prescription issued in an emergency situation under Section R156-37-605;

(iv) the federal Food and Drug Administration requires the prescription to contain elements that cannot be included in an electronic prescription;

(v) the prescription drug is under a research protocol;

(vi) the prescription is for a medication that requires compounding two or more ingredients;

(vii) the prescribing practitioner or pharmacy is located in the geographic area of an emergency or disaster that is identified by the Centers for Medicaid (CMS) as a qualifying emergency or disaster on the CMS Electronic Prescribing for Controlled Substances (EPCS) website; or

(viii) the prescribing practitioner qualifies for a small prescriber exemption under Section R156-37-610; and

(b) the prescribing practitioner or pharmacy documents the exemption on the prescription's hard copy.

(4) Under Subsection 58-37-22(2)(e), if an originating pharmacy that has received an electronic controlled substance prescription cannot fill the prescription, the following protocol shall apply:

(a) if the pharmacy can electronically transmit the prescription, the pharmacy shall:

(i) contact the ultimate user to determine a pharmacy to receive the forward prescription; and

(ii) document in the automated pharmacy system the identity of the pharmacy receiving the forward prescription;

(b) if the pharmacy cannot electronically transmit the prescription:

(i) the pharmacy shall:

(A) contact the prescribing practitioner and state the pharmacy cannot fill or transmit the prescription;

(B) document in the automated pharmacy system the individual contacted at the prescribing office; and

(C) void the prescription; and

(ii) the prescribing practitioner may electronically transmit a new prescription to a different pharmacy.

(5) Under Subsection 58-37-22(2)(f), an electronic prescription shall be issued and dispensed in accordance with 21 CFR Part 1311 (April 1, 2024), which is incorporated by reference.

Notes

Utah Admin. Code R156-37-609

Adopted by Utah State Bulletin Number 2023-02, effective 1/5/2023 Amended by Utah State Bulletin Number 2025-05, effective 2/24/2025