Current through Register 1527, August 2, 2024
Section 5.03 - Emergency Situations in Which Controlled Substances in Schedule II May be Dispensed Upon Orally or Electronically Transmitted Prescription(1) "Emergency situations", for the purpose of permitting the dispensing of any controlled substance in Schedule II upon orally or electronically transmitted prescription, means those situations in which the practitioner who intends to prescribe a controlled substance in Schedule II determines: (a) That the immediate administration of the controlled substance is necessary for the proper treatment of the intended ultimate user;(b) that no appropriate alternative treatment is available, including administration of a controlled substance which is not in Schedule II; and(c) that it is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the controlled substance prior to the dispensing.(2) In case of an emergency situation as defined in 247 CMR 5.03(1), a pharmacist may dispense a controlled substance in Schedule II upon receiving the orally or electronically transmitted authorization of a prescribing practitioner, provided that: (a) The quantity prescribed and dispensed is limited to the amount adequate to treat the patient during the emergency period.(b) the prescription contains all information required by M.G.L. c. 94C, § 20(a) except for the actual signature of the prescribing practitioner, and in the case of an oral prescription, or prescription transmitted electronically by computer modem or other similar electronic device, the prescription is immediately reduced to writing by the dispensing pharmacist; and(c) the dispensing pharmacist makes a reasonable good faith effort to determine that the orally or electronically transmitted authorization was issued by an authorized practitioner, which effort may include a callback to the prescribing practitioner or other good faith efforts to ensure the prescribing practitioner's identity.(3) Within seven days after authorizing an emergency oral prescription, the prescribing practitioner shall cause a written prescription for the emergency quantity prescribed to be delivered to the pharmacy which must have written on its face "Authorization for Emergency Dispensing" and should comply with federal and state law.(4) Upon receipt of the written prescription, the dispensing pharmacist shall attach the prescription to the orally or electronically transmitted emergency prescription which had earlier been reduced to writing. The pharmacist shall notify the nearest office of the Drug Enforcement Administration, U.S. Department of Justice, and the Commissioner of Public Health, Massachusetts Department of Public Health, if the prescribing practitioner fails to deliver a written prescription within seven days.