____________________________ Responsibilities and Requirements of Prescribing Schedule II Opioid Drugs
(g) This section shall become operative on July 1, 2021, or upon the date the department promulgates regulations to implement this section and posts those regulations on its internet website, whichever date is earlier.
(c) For a prescription for a controlled substance, as defined by Section 4021, generation and transmission of the elec- tronic data transmission prescription shall comply with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (d) A prescription prescribed by a health care practitioner shall be issued as an electronic data transmission prescription. This subdivision shall not apply to prescriptions issued pursuant to subdivision (e). (e) Subdivision (d) shall not apply to any of the following: (1) The prescription is issued pursuant to Section 11159.2 of the Health and Safety Code. (2) An electronic data transmission prescription is unavailable due to a temporary technological or electrical failure. For purposes of this paragraph, “temporary technological or electrical failure” means failure of a computer system, application, or device, or the loss of electrical power to that system, application, or device, or any other service interruption affecting the certified electronic data transmission prescription application used to transmit the prescription. (3) The prescribing health care practitioner is issuing a prescription to be dispensed by a pharmacy located outside California. (4) (A) The prescription is issued in a hospital emergency department or urgent care clinic and one or more of the following conditions are present: (i) The patient resides outside California. (ii) The patient resides outside the geographic area of the hospital. (iii) The patient is homeless or indigent and does not have a preferred pharmacy. (iv) The prescription is issued at a time when a patient’s regular or preferred pharmacy is likely to be closed. (B) Under any of the conditions described in subparagraph (A), a prescription shall be elec- tronically issued but does not require electronic transmission and may be provided directly to the patient. (5) The prescription is issued by a veterinarian. (6) The prescription is for eyeglasses or contact lenses. (7) The prescription is issued by a prescribing health care practitioner serving as a volunteer in a free clinic and receives no remuneration for their services. (8) The prescribing health care practitioner and the dispenser are the same entity. (9) The prescription is issued by a prescribing health care practitioner under circumstances whereby the practi- tioner reasonably determines that it would be imprac- tical for the patient to obtain substances prescribed
CALIFORNIA BUSINESS AND PROFESSIONS CODE DIVISION 2. HEALING ARTS CHAPTER 1. General Provisions ARTICLE 7.5. Health Care Practitioners
§688. (a) A health care practitioner authorized to issue a pre- scription pursuant to Section 4040 shall have the capability to issue an electronic data transmission prescription, as defined under Section 4040, on behalf of a patient and to transmit that electronic data transmission prescription to a pharmacy selected by the patient. (b) (1) A pharmacy, pharmacist, or other practitioner autho- rized under California law to dispense or furnish a prescription pursuant to Section 4040 shall have the capability to receive an electronic data transmission prescription on behalf of a patient. (2) A pharmacy, pharmacist, or other practitioner autho- rized under California law to dispense or furnish a prescription pursuant to Section 4040 shall not refuse to dispense or furnish an electronic data transmission prescription solely because the prescription was not submitted via, or is not compatible with, the propri- etary software of the pharmacy, pharmacist, or other dispensing practitioner. (3) A pharmacy, pharmacist, or other practitioner autho- rized under California law to dispense or furnish a prescription pursuant to Section 4040 may decline to dispense or furnish an electronic data transmission prescription submitted via a software that fails to meet any of the following: (A) Adheres to the National Council for Prescrip- tion Drug Programs SCRIPT standard, as modified from time to time. (B) Complies with the prescription content require- ments set forth in Section 4040. (C) For a controlled substance prescription, com- plies with Parts 1300, 1304, 1306, and 1311 of Title 21 of the Code of Federal Regulations, as amended from time to time. (D) Complies with the federal Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Informa- tion Act, or the security and confidentiality requirements prescribed to by the pharmacy, pharmacist, or other practitioner authorized pursuant to Section 4040.
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