Section 12 AAC 52.870 - Waiver of electronic submission requirement by pharmacist or practitioner(a) The department shall waive the electronic submission requirements of 12 AAC 52.865(g) for good cause. The pharmacist or practitioner requesting the waiver is responsible for establishing the basis for the requested waiver under this section.(b) To establish good cause for purposes of this section, a pharmacist or practitioner must submit an application and sworn statement showing that (1) a natural disaster or other emergency beyond the control of the pharmacist or practitioner prevents the pharmacist or practitioner from complying with 12 AAC 52.865(g);(2) the pharmacist or practitioner will only dispense controlled substances as part of a controlled research project approved by an accredited institution of higher education or under the supervision of a government agency;(3) the pharmacist's or practitioner's business is located in an area that lacks access to the telecommunication services needed to comply with 12 AAC 52.865(g); or(4) the pharmacist or practitioner's will suffer financial hardship if required to acquire the technology necessary to comply with 12 AAC 52.865(g).(c) The department may not grant a waiver under this section unless the pharmacist or practitioner first agrees in writing that, if the waiver is granted, the pharmacist or practitioner will satisfy the reporting requirements of AS 17.30.200(b) by submitting the required information by United States mail to the board on at least a daily basis using a form approved by the board (d) A request for a waiver under this section must be in writing using an application form provided by the board and sent to the board.(e) The department's grant or denial of a waiver request constitutes a final agency action unless, no later than 30 days after the department issues notice of the grant or denial, the pharmacist or practitioner files a written notice of appeal with the board.(f) A waiver granted under this section expires at the end of the year in which it is granted.(g) A pharmacist or practitioner must inform the board within 30 days if the basis for the waiver of electronic reporting no longer exists.Eff. 12/29/2011, Register 200; am 6/7/2018, Register 226, July 2018; am 12/28/2022, Register 244, January 2023Authority:AS 08.80.005
AS 08.80.030
AS 17.30.200