24 Del. Admin. Code § 1700-19.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1700-19.0 - Electronic Prescribing [Authority: 24 Del.C. Section 1764A]

19.1 A "temporary technological or electrical failure" as that term is used in 24 Del.C. § 1764A(b)(2) shall mean a technological or electrical failure that occurred through no fault of the licensee and lasts no more than one week.

19.2 Electronic prescriptions are not required for prescriptions that will be dispensed by a pharmacy not under the jurisdiction of the State of Delaware that does not have an electronic prescribing requirement in place via statute or regulation at the time the prescription is issued.

19.3 A licensee may petition the Board for a waiver of the e-prescribing requirement under 24 Del.C. § 1764A(b)(9). Waiver petitions must be made in writing to the Board and will only be issued for one of the following reasons:

19.3.1 The licensee does not issue more than 50 prescriptions in one calendar year;

19.3.2 The licensee will experience a financial hardship if required to issue prescriptions electronically; or

19.3.3 The licensee is unable to issue electronic prescriptions as a result of technological limitations that are not reasonably within the control of the practitioner, such as limited internet coverage in geographic region of practice.

19.4 If the Board grants a waiver, such waiver shall be valid for a specified period of time not to exceed one year and may be renewed upon a demonstration that the basis for the initial waiver still exists. Renewal requests must be made in writing to the Board.

24 Del. Admin. Code § 1700-19.0

15 DE Reg. 537 (10/01/11)
15 DE Reg. 1184 (02/01/12)
15 DE Reg. 1766 (06/01/12)
16 DE Reg. 330 (09/01/12)
16 DE Reg. 651 (12/01/12)
16 DE Reg. 1085 (04/01/13)
18 DE Reg. 898 (5/1/2015)
21 DE Reg. 988 (6/1/2018)
24 DE Reg. 1074 (6/1/2021)
26 DE Reg. 404 (11/1/2022) (Final)