059-10 Wyo. Code R. §§ 10-5 - Exemptions to Electronic Prescribing Requirement

(a) A practitioner may authorize a verbal controlled substance prescription in the case of an emergency situation. Emergency situations are those situations in which the prescribing practitioner determines:

(i) That immediate administration of the controlled substance is necessary for the proper treatment of the patient;

(ii) No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance; and

(iii) It is not reasonably possible for the prescribing practitioner to provide an electronic prescription to be transmitted to the pharmacy prior to dispensing.

(b) In the case of an emergency situation, a pharmacist may directly dispense a controlled substance upon receiving verbal authorization from a practitioner, provided that:

(i) The quantity prescribed and dispensed shall be limited to the amount necessary to treat the patient during the emergency period (dispensing beyond the emergency period must be pursuant to a valid controlled substance prescription from the practitioner);

(ii) The emergency verbal prescription shall be immediately reduced to writing by the pharmacist and shall contain all of the information required of a valid prescription;

(iii) If the practitioner is not known to the pharmacist, the pharmacist shall make a reasonable effort to determine that the verbal authorization came from a registered practitioner; and

(iv) The practitioner shall cause a valid controlled substance prescription for the emergency quantity prescribed to be transmitted to the dispensing pharmacy. This valid controlled substance prescription shall include "Authorization for Emergency Dispensing" and the date of the verbal order. Upon receipt, the dispensing pharmacist shall attach this prescription to the verbal emergency prescription which had earlier been reduced to writing. The pharmacist shall notify the DEA if the practitioner fails to deliver the electronic prescription as required by federal regulation.

(c) A controlled substance prescription may be issued on security paper or faxed to a pharmacy when

(i) The patient resides in a nursing home, long-term care facility, correctional facility, or jail;

(ii) The patient is terminally ill. The prescription shall have written on its face "terminally ill," "hospice," or "palliative care;"

(iii) The prescription is to be filled at a pharmacy outside of Wyoming or at a pharmacy within federal jurisdiction. The practitioner shall write on the face of the prescription "Not to be dispensed in Wyoming" or indicate that the prescription shall be dispensed at a pharmacy within a federal jurisdiction

(iv) The prescription is issued by a licensed veterinarian;

(v) The prescription is issued by a practitioner working at a federal facility;

(vi) The prescription is for a compounded preparation containing two or more components; or

(vii) The prescription is for a Schedule II controlled substance that is to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous or intraspinal infusion.

(viii) The practitioner's electronic prescribing system is not functioning. The practitioner shall not prescribe for more than a thirty (30) day supply and shall write on the face of the prescription "E-Prescribing System Not Functioning."

Notes

059-10 Wyo. Code R. §§ 10-5

Adopted, Eff. 9/16/2020. Amended, Eff. 5/13/2021. Amended, Eff. 5/24/2023.