The Department of Health (DOH) has released the waiver attestation exemption form for the e-prescribing requirement. By Jan. 1, 2022, all providers and facilities subject to the e-prescribing requirement must either be in compliance, have qualified for an exemption, or have obtained a waiver from the DOH.

E-Prescribing Requirement

Beginning Jan. 1, 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 DOH.

How to Qualify for an E-prescribing Waiver

To qualify for an e-prescribing waiver from the DOH, 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 Dec. 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.

Attestation Form Information

The waiver will be granted upon submission of an attestation form. 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.

How to Fill Out the E-prescribing Waiver

When filling out the waiver, providers will be asked for their license type, license number, must select only one of the reasons that the waiver is needed, and should print the final page before selecting the “Finish” button. Waiver attestations submitted Dec. 1 or later will be valid for the calendar year 2022. In the future, providers will need to submit a waiver by Dec. 1 of each year for the proximate year, for example providers will need to submit a waiver by Dec. 1, 2022 for calendar year 2023.

To access the e-prescribing waiver, please click here.

E-Prescribing Waiver