Effective Jan. 1, 2022, all information concerning a prescription for controlled substances Schedule II – Schedule V, or information concerning a refill authorization for controlled substances Schedule III – Schedule V, must be communicated electronically unless one of the authorized exemptions are met, or the health care provider has obtained a waiver from the Department of Health (DOH).

The Secretary of Health has extended the effective date from Jan. 1, 2021 to Jan. 1, 2022, due to the impact of COVID-19 on the Washington health care system. However, beginning Jan. 1, 2022, this extension will expire and the e-prescribing requirement will become effective for providers unless an attestation to the DOH for a waiver of compliance is submitted. The DOH has completed rules governing the e-prescribing mandate waiver, but has not yet completed the form itself that providers will use to submit the attestation for the waiver. The waiver will exempt the provider from having to comply with the e-prescribing requirements for the calendar year in which the attestation for the waiver is signed.

Under the current language for the rule, to qualify for the waiver the provider must be experiencing:

• An economic hardship of the following circumstances:
  • A bankruptcy in the previous year, or have submitted an attestation for a waiver due to a bankruptcy in the previous year;
  • Opening a new practice after Jan. 1, 2020;
  • Intent to discontinue operating in Washington prior to December 31, 2022; or,
  • Operating a low-income clinic, which is defined as a clinic serving a minimum of 30% Medicaid patients.
• Technological limitations not reasonably in the control of the provider if the provider is in the process of transitioning to an e-prescribing system.
• Other exceptional circumstances:
  • The practitioner is providing services at a free clinic;
  • The provider generates fewer than one hundred prescriptions of Schedule II – Schedule V drugs in a one-year period, including both new and refill prescriptions;
  • The provider is located in an area without sufficient internet access to comply with the e-prescribing mandate; or,
  • Unforeseen circumstances that stress the provider or health care system in such a way that compliance is not possible. For example, natural disasters, widespread health care emergencies, unforeseeable barriers to e-prescribing, or unforeseen events that result in a statewide emergency.

An attestation for a waiver due to technological limitations or economic hardship may be submitted three times, giving a provider up to three years to come into compliance with the e-prescribing requirement. There is no limit to the number of exceptional circumstance waivers that a provider may submit.

WSDA is in the process of creating a resource list of authorized e-prescribing vendors for members that will need to comply with the e-prescribing requirement. For more information or questions on the e-prescribing requirement and the DOH exemption waiver, please contact Pharmacyrules@doh.wa.gov.