{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/54.1-3408.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/54.1-3408.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/54.1-3408.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/54.1-3408.02.html"}],"law_id":69355,"edition_id":1,"section_id":69355,"structure_id":13871,"section_number":"54.1-3408.02","catch_line":"Transmission of prescriptions","history":"2000, c. 878; 2017, cc. 115, 429; 2019, c. 664.","full_text":"A\n\nConsistent with federal law and in accordance with regulations promulgated by the Board, prescriptions may be transmitted to a pharmacy as an electronic prescription or by facsimile machine and shall be treated as valid original prescriptions.B\n\nAny prescription for a controlled substance that contains an opioid shall be issued as an electronic prescription.C\n\nThe requirements of subsection B shall not apply if:1\n\nThe prescriber dispenses the controlled substance that contains an opioid directly to the patient or the patient’s agent;2\n\nThe prescription is for an individual who is residing in a hospital, assisted living facility, nursing home, or residential health care facility or is receiving services from a hospice provider or outpatient dialysis facility;3\n\nThe prescriber experiences temporary technological or electrical failure or other temporary extenuating circumstance that prevents the prescription from being transmitted electronically, provided that the prescriber documents the reason for this exception in the patient’s medical record;4\n\nThe prescriber issues a prescription to be dispensed by a pharmacy located on federal property, provided that the prescriber documents the reason for this exception in the patient’s medical record;5\n\nThe prescription is issued by a licensed veterinarian for the treatment of an animal;6\n\nThe FDA requires the prescription to contain elements that are not able to be included in an electronic prescription;7\n\nThe prescription is for an opioid under a research protocol;8\n\nThe prescription is issued in accordance with an executive order of the Governor of a declared emergency;9\n\nThe prescription cannot be issued electronically in a timely manner and the patient’s condition is at risk, provided that the prescriber documents the reason for this exception in the patient’s medical record; or10\n\nThe prescriber has been issued a waiver pursuant to subsection D.D\n\nThe licensing health regulatory board of a prescriber may grant such prescriber, in accordance with regulations adopted by such board, a waiver of the requirements of subsection B, for a period not to exceed one year, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances demonstrated by the prescriber.","order_by":null,"text":{"0":{"id":250834,"text":"Consistent with federal law and in accordance with regulations promulgated by the Board, prescriptions may be transmitted to a pharmacy as an electronic prescription or by facsimile machine and shall be treated as valid original prescriptions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250835,"text":"Any prescription for a controlled substance that contains an opioid shall be issued as an electronic prescription.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250836,"text":"The requirements of subsection B shall not apply if:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":250837,"text":"The prescriber dispenses the controlled substance that contains an opioid directly to the patient or the patient’s agent;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":250838,"text":"The prescription is for an individual who is residing in a hospital, assisted living facility, nursing home, or residential health care facility or is receiving services from a hospice provider or outpatient dialysis facility;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":250839,"text":"The prescriber experiences temporary technological or electrical failure or other temporary extenuating circumstance that prevents the prescription from being transmitted electronically, provided that the prescriber documents the reason for this exception in the patient’s medical record;","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":250840,"text":"The prescriber issues a prescription to be dispensed by a pharmacy located on federal property, provided that the prescriber documents the reason for this exception in the patient’s medical record;","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"C5"},"7":{"id":250841,"text":"The prescription is issued by a licensed veterinarian for the treatment of an animal;","type":"section","prefixes":["C","5"],"prefix":"5","entire_prefix":"C5","prefix_anchor":"C5","level":2,"prior_prefix":"C4","next_prefix":"C6"},"8":{"id":250842,"text":"The FDA requires the prescription to contain elements that are not able to be included in an electronic prescription;","type":"section","prefixes":["C","6"],"prefix":"6","entire_prefix":"C6","prefix_anchor":"C6","level":2,"prior_prefix":"C5","next_prefix":"C7"},"9":{"id":250843,"text":"The prescription is for an opioid under a research protocol;","type":"section","prefixes":["C","7"],"prefix":"7","entire_prefix":"C7","prefix_anchor":"C7","level":2,"prior_prefix":"C6","next_prefix":"C8"},"10":{"id":250844,"text":"The prescription is issued in accordance with an executive order of the Governor of a declared emergency;","type":"section","prefixes":["C","8"],"prefix":"8","entire_prefix":"C8","prefix_anchor":"C8","level":2,"prior_prefix":"C7","next_prefix":"C9"},"11":{"id":250845,"text":"The prescription cannot be issued electronically in a timely manner and the patient’s condition is at risk, provided that the prescriber documents the reason for this exception in the patient’s medical record; or","type":"section","prefixes":["C","9"],"prefix":"9","entire_prefix":"C9","prefix_anchor":"C9","level":2,"prior_prefix":"C8","next_prefix":"C10"},"12":{"id":250846,"text":"The prescriber has been issued a waiver pursuant to subsection D.","type":"section","prefixes":["C","10"],"prefix":"10","entire_prefix":"C10","prefix_anchor":"C10","level":2,"prior_prefix":"C9","next_prefix":"D"},"13":{"id":250847,"text":"The licensing health regulatory board of a prescriber may grant such prescriber, in accordance with regulations adopted by such board, a waiver of the requirements of subsection B, for a period not to exceed one year, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber, or other exceptional circumstances demonstrated by the prescriber.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C10"}},"ancestry":[{"id":13871,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13240,"metadata":{},"date_created":"2026-06-26 03:46:08","date_modified":"2026-06-26 03:46:08","permalink":{"id":243225,"object_type":"structure","relational_id":13871,"identifier":"1","token":"54.1\/III\/34\/1","url":"\/54.1\/III\/34\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13240,"edition_id":1,"name":"Drug Control Act","identifier":"34","label":"chapter","depth":3,"order_by":1,"parent_id":12758,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":243223,"object_type":"structure","relational_id":13240,"identifier":"34","token":"54.1\/III\/34","url":"\/54.1\/III\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12758,"edition_id":1,"name":"Professions and Occupations Regulated by Boards Within the Department of Health Professions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12754,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":241105,"object_type":"structure","relational_id":12758,"identifier":"III","token":"54.1\/III","url":"\/54.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12754,"edition_id":1,"name":"Professions and Occupations","identifier":"54.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":239313,"object_type":"structure","relational_id":12754,"identifier":"54.1","token":"54.1","url":"\/54.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77846,"structure_id":13871,"section_number":"54.1-3400","catch_line":"Citation","url":"\/54.1-3400\/","token":"54.1\/III\/34\/1\/54.1-3400","metadata":false},{"id":59669,"structure_id":13871,"section_number":"54.1-3401","catch_line":"Definitions","url":"\/54.1-3401\/","token":"54.1\/III\/34\/1\/54.1-3401","metadata":false},{"id":73061,"structure_id":13871,"section_number":"54.1-3401.1","catch_line":"Repealed","url":"\/54.1-3401.1\/","token":"54.1\/III\/34\/1\/54.1-3401.1","metadata":false},{"id":67762,"structure_id":13871,"section_number":"54.1-3402","catch_line":"Repealed","url":"\/54.1-3402\/","token":"54.1\/III\/34\/1\/54.1-3402","metadata":false},{"id":66637,"structure_id":13871,"section_number":"54.1-3403","catch_line":"Chapter not applicable to economic poisons","url":"\/54.1-3403\/","token":"54.1\/III\/34\/1\/54.1-3403","metadata":false},{"id":64371,"structure_id":13871,"section_number":"54.1-3404","catch_line":"Inventories of controlled substances required of certain persons; contents and form of record","url":"\/54.1-3404\/","token":"54.1\/III\/34\/1\/54.1-3404","metadata":false},{"id":55711,"structure_id":13871,"section_number":"54.1-3405","catch_line":"Access to and copies of records; inspections","url":"\/54.1-3405\/","token":"54.1\/III\/34\/1\/54.1-3405","metadata":false},{"id":69269,"structure_id":13871,"section_number":"54.1-3406","catch_line":"Records confidential; disclosure of information about violations of federal law","url":"\/54.1-3406\/","token":"54.1\/III\/34\/1\/54.1-3406","metadata":false},{"id":62600,"structure_id":13871,"section_number":"54.1-3407","catch_line":"Analysis of controlled substances","url":"\/54.1-3407\/","token":"54.1\/III\/34\/1\/54.1-3407","metadata":false},{"id":77665,"structure_id":13871,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","url":"\/54.1-3408\/","token":"54.1\/III\/34\/1\/54.1-3408","metadata":false},{"id":68723,"structure_id":13871,"section_number":"54.1-3408.01","catch_line":"Requirements for prescriptions","url":"\/54.1-3408.01\/","token":"54.1\/III\/34\/1\/54.1-3408.01","metadata":false},{"id":69355,"structure_id":13871,"section_number":"54.1-3408.02","catch_line":"Transmission of prescriptions","url":"\/54.1-3408.02\/","token":"54.1\/III\/34\/1\/54.1-3408.02","metadata":false},{"id":81842,"structure_id":13871,"section_number":"54.1-3408.03","catch_line":"Dispensing of therapeutically equivalent drug product permitted","url":"\/54.1-3408.03\/","token":"54.1\/III\/34\/1\/54.1-3408.03","metadata":false},{"id":61115,"structure_id":13871,"section_number":"54.1-3408.04","catch_line":"Dispensing of interchangeable biosimilars permitted","url":"\/54.1-3408.04\/","token":"54.1\/III\/34\/1\/54.1-3408.04","metadata":false},{"id":58824,"structure_id":13871,"section_number":"54.1-3408.05","catch_line":"Use of FDA-approved substance upon publication of final rule","url":"\/54.1-3408.05\/","token":"54.1\/III\/34\/1\/54.1-3408.05","metadata":false},{"id":82403,"structure_id":13871,"section_number":"54.1-3408.1","catch_line":"Prescription in excess of recommended dosage in certain cases","url":"\/54.1-3408.1\/","token":"54.1\/III\/34\/1\/54.1-3408.1","metadata":false},{"id":54900,"structure_id":13871,"section_number":"54.1-3408.2","catch_line":"Failure to report administration or dispensing of or prescription for controlled substances; report required; penalty","url":"\/54.1-3408.2\/","token":"54.1\/III\/34\/1\/54.1-3408.2","metadata":false},{"id":66341,"structure_id":13871,"section_number":"54.1-3408.3","catch_line":"Certification for use of cannabis for treatment","url":"\/54.1-3408.3\/","token":"54.1\/III\/34\/1\/54.1-3408.3","metadata":false},{"id":84329,"structure_id":13871,"section_number":"54.1-3408.4","catch_line":"Expired","url":"\/54.1-3408.4\/","token":"54.1\/III\/34\/1\/54.1-3408.4","metadata":false},{"id":64050,"structure_id":13871,"section_number":"54.1-3408.5","catch_line":"Epinephrine required in certain places of public accommodation","url":"\/54.1-3408.5\/","token":"54.1\/III\/34\/1\/54.1-3408.5","metadata":false},{"id":86191,"structure_id":13871,"section_number":"54.1-3409","catch_line":"Professional use by veterinarians","url":"\/54.1-3409\/","token":"54.1\/III\/34\/1\/54.1-3409","metadata":false},{"id":83740,"structure_id":13871,"section_number":"54.1-3410","catch_line":"When pharmacist may sell and dispense drugs","url":"\/54.1-3410\/","token":"54.1\/III\/34\/1\/54.1-3410","metadata":false},{"id":56420,"structure_id":13871,"section_number":"54.1-3410.1","catch_line":"Requirements for radiopharmaceuticals","url":"\/54.1-3410.1\/","token":"54.1\/III\/34\/1\/54.1-3410.1","metadata":false},{"id":84268,"structure_id":13871,"section_number":"54.1-3410.2","catch_line":"Compounding; pharmacists' authority to compound under certain conditions; labeling and record maintenance requirements","url":"\/54.1-3410.2\/","token":"54.1\/III\/34\/1\/54.1-3410.2","metadata":false},{"id":70552,"structure_id":13871,"section_number":"54.1-3410.3","catch_line":"Accessible prescription labels","url":"\/54.1-3410.3\/","token":"54.1\/III\/34\/1\/54.1-3410.3","metadata":false},{"id":77643,"structure_id":13871,"section_number":"54.1-3411","catch_line":"When prescriptions may be refilled","url":"\/54.1-3411\/","token":"54.1\/III\/34\/1\/54.1-3411","metadata":false},{"id":61132,"structure_id":13871,"section_number":"54.1-3411.1","catch_line":"Prohibition on returns, exchanges, or re-dispensing of drugs; exceptions","url":"\/54.1-3411.1\/","token":"54.1\/III\/34\/1\/54.1-3411.1","metadata":false},{"id":65473,"structure_id":13871,"section_number":"54.1-3411.2","catch_line":"Prescription drug disposal programs","url":"\/54.1-3411.2\/","token":"54.1\/III\/34\/1\/54.1-3411.2","metadata":false},{"id":86720,"structure_id":13871,"section_number":"54.1-3411.2:1","catch_line":"Guidelines for disposal of unused drugs","url":"\/54.1-3411.2_1\/","token":"54.1\/III\/34\/1\/54.1-3411.2_1","metadata":false},{"id":79333,"structure_id":13871,"section_number":"54.1-3412","catch_line":"Date of dispensing; initials of pharmacist; automated data processing system","url":"\/54.1-3412\/","token":"54.1\/III\/34\/1\/54.1-3412","metadata":false},{"id":84967,"structure_id":13871,"section_number":"54.1-3413","catch_line":"Manufacturing and administering Schedule I drugs","url":"\/54.1-3413\/","token":"54.1\/III\/34\/1\/54.1-3413","metadata":false},{"id":72920,"structure_id":13871,"section_number":"54.1-3414","catch_line":"Official orders for Schedule II drugs","url":"\/54.1-3414\/","token":"54.1\/III\/34\/1\/54.1-3414","metadata":false},{"id":75448,"structure_id":13871,"section_number":"54.1-3415","catch_line":"Distribution of drugs in Schedules II through VI by manufacturers and wholesalers","url":"\/54.1-3415\/","token":"54.1\/III\/34\/1\/54.1-3415","metadata":false},{"id":65722,"structure_id":13871,"section_number":"54.1-3415.1","catch_line":"Delivery of medical devices on behalf of a medical equipment supplier","url":"\/54.1-3415.1\/","token":"54.1\/III\/34\/1\/54.1-3415.1","metadata":false},{"id":81317,"structure_id":13871,"section_number":"54.1-3416","catch_line":"No prescription for preparations listed pursuant to Schedule V","url":"\/54.1-3416\/","token":"54.1\/III\/34\/1\/54.1-3416","metadata":false},{"id":85551,"structure_id":13871,"section_number":"54.1-3417","catch_line":"Disposing of stocks of Schedules II through V drugs","url":"\/54.1-3417\/","token":"54.1\/III\/34\/1\/54.1-3417","metadata":false},{"id":57515,"structure_id":13871,"section_number":"54.1-3418","catch_line":"Sale of aqueous or oleaginous solutions","url":"\/54.1-3418\/","token":"54.1\/III\/34\/1\/54.1-3418","metadata":false},{"id":72600,"structure_id":13871,"section_number":"54.1-3419","catch_line":"Dispensing of insulin preparations","url":"\/54.1-3419\/","token":"54.1\/III\/34\/1\/54.1-3419","metadata":false},{"id":83366,"structure_id":13871,"section_number":"54.1-3420","catch_line":"Distribution of certain drugs; written request or confirmation of receipt","url":"\/54.1-3420\/","token":"54.1\/III\/34\/1\/54.1-3420","metadata":false},{"id":79253,"structure_id":13871,"section_number":"54.1-3420.1","catch_line":"Identification required for filling prescriptions","url":"\/54.1-3420.1\/","token":"54.1\/III\/34\/1\/54.1-3420.1","metadata":false},{"id":56483,"structure_id":13871,"section_number":"54.1-3420.2","catch_line":"Delivery of prescription drug order","url":"\/54.1-3420.2\/","token":"54.1\/III\/34\/1\/54.1-3420.2","metadata":false},{"id":55265,"structure_id":13871,"section_number":"54.1-3420.3","catch_line":"Prohibition on refusing to fill prescription from telemedicine provider","url":"\/54.1-3420.3\/","token":"54.1\/III\/34\/1\/54.1-3420.3","metadata":false},{"id":55995,"structure_id":13871,"section_number":"54.1-3421","catch_line":"New drugs","url":"\/54.1-3421\/","token":"54.1\/III\/34\/1\/54.1-3421","metadata":false},{"id":73818,"structure_id":13871,"section_number":"54.1-3422","catch_line":"Controlled substances registration certificate required in addition to other requirements; exemptions","url":"\/54.1-3422\/","token":"54.1\/III\/34\/1\/54.1-3422","metadata":false},{"id":87135,"structure_id":13871,"section_number":"54.1-3423","catch_line":"Board to issue registration unless inconsistent with public interest; authorization to conduct research; application and fees","url":"\/54.1-3423\/","token":"54.1\/III\/34\/1\/54.1-3423","metadata":false},{"id":59124,"structure_id":13871,"section_number":"54.1-3424","catch_line":"Suspension or revocation of registration, license or permit; limitation to particular controlled substance; controlled substances placed under seal; sale of perishables and forfeiture; notification to DEA","url":"\/54.1-3424\/","token":"54.1\/III\/34\/1\/54.1-3424","metadata":false},{"id":83858,"structure_id":13871,"section_number":"54.1-3425","catch_line":"Repealed","url":"\/54.1-3425\/","token":"54.1\/III\/34\/1\/54.1-3425","metadata":false},{"id":86762,"structure_id":13871,"section_number":"54.1-3426","catch_line":"Regulations for special packaging","url":"\/54.1-3426\/","token":"54.1\/III\/34\/1\/54.1-3426","metadata":false},{"id":85278,"structure_id":13871,"section_number":"54.1-3427","catch_line":"Dispensing drugs without safety closure container","url":"\/54.1-3427\/","token":"54.1\/III\/34\/1\/54.1-3427","metadata":false},{"id":68396,"structure_id":13871,"section_number":"54.1-3428","catch_line":"Dissemination of information","url":"\/54.1-3428\/","token":"54.1\/III\/34\/1\/54.1-3428","metadata":false},{"id":74207,"structure_id":13871,"section_number":"54.1-3429","catch_line":"Revocation of permit issued to manufacturer, wholesaler or distributor","url":"\/54.1-3429\/","token":"54.1\/III\/34\/1\/54.1-3429","metadata":false},{"id":73141,"structure_id":13871,"section_number":"54.1-3430","catch_line":"Display of permit; permits nontransferable; renewal","url":"\/54.1-3430\/","token":"54.1\/III\/34\/1\/54.1-3430","metadata":false},{"id":76001,"structure_id":13871,"section_number":"54.1-3431","catch_line":"Admission into evidence of certain certificates of analysis","url":"\/54.1-3431\/","token":"54.1\/III\/34\/1\/54.1-3431","metadata":false}],"previous_section":{"id":68723,"structure_id":13871,"section_number":"54.1-3408.01","catch_line":"Requirements for prescriptions","url":"\/54.1-3408.01\/","token":"54.1\/III\/34\/1\/54.1-3408.01","metadata":false},"next_section":{"id":81842,"structure_id":13871,"section_number":"54.1-3408.03","catch_line":"Dispensing of therapeutically equivalent drug product permitted","url":"\/54.1-3408.03\/","token":"54.1\/III\/34\/1\/54.1-3408.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/54.1-3408.02\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapter 878<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2017, chapters 115<\/a> and 429<\/a>; in 2019, chapter 664<\/a>.<\/p>","references":[{"id":83740,"section_number":"54.1-3410","catch_line":"When pharmacist may sell and dispense drugs","order_by":null,"url":"\/54.1-3410\/"}],"refers_to":false,"permalink":{"id":243271,"object_type":"law","relational_id":69355,"identifier":"54.1-3408.02","token":"54.1\/III\/34\/1\/54.1-3408.02","url":"\/54.1-3408.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/54.1-3408.02\/","token":"54.1\/III\/34\/1\/54.1-3408.02","dublin_core":{"Title":"Transmission of prescriptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 54.1-3408.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Consistent with federal law<\/span> and in accordance with regulations promulgated by the Board<\/span>, prescriptions<\/span> may be transmitted to a pharmacy as an electronic prescription<\/span> or by facsimile machine and shall be treated as valid original prescriptions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any prescription for a controlled substance<\/span> that contains an opioid shall be issued as an electronic prescription<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The requirements of subsection B shall not apply if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The prescriber<\/span> dispenses<\/span> the controlled substance<\/span> that contains an opioid directly to the patient or the patient’s agent<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The prescription is for an individual who is residing in a hospital, assisted living facility, nursing home, or residential health care facility or is receiving services from a hospice provider or outpatient dialysis facility; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The prescriber<\/span> experiences temporary technological or electrical failure or other temporary extenuating circumstance that prevents the prescription from being transmitted electronically, provided that the prescriber<\/span> documents the reason for this exception in the patient’s medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The prescriber<\/span> issues<\/span> a prescription to be dispensed by a pharmacy located on federal property, provided that the prescriber<\/span> documents the reason for this exception in the patient’s medical record; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The prescription is issued by a licensed veterinarian for the treatment of an animal<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The FDA<\/span> requires the prescription to contain elements that are not able to be included in an electronic prescription<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The prescription is for an opioid under a research protocol; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The prescription is issued in accordance with an executive order<\/span> of the Governor of a declared emergency; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The prescription cannot be issued electronically in a timely manner and the patient’s condition is at risk, provided that the prescriber<\/span> documents the reason for this exception in the patient’s medical record; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The prescriber<\/span> has been issued a waiver<\/span> pursuant to subsection D. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The licensing health regulatory board<\/span> of a prescriber<\/span> may grant such prescriber<\/span>, in accordance with regulations adopted by such board<\/span>, a waiver<\/span> of the requirements of subsection B, for a period not to exceed one year, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the prescriber<\/span>, or other exceptional circumstances demonstrated by the prescriber<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSMISSION OF PRESCRIPTIONS (\u00a7 54.1-3408.02)\n\nA. Consistent with federal law and in accordance with regulations promulgated by\nthe Board, prescriptions may be transmitted to a pharmacy as an electronic\nprescription or by facsimile machine and shall be treated as valid original\nprescriptions.\n\nB. Any prescription for a controlled substance that contains an opioid shall be\nissued as an electronic prescription.\n\nC. The requirements of subsection B shall not apply if:\n\n 1. The prescriber dispenses the controlled substance that contains an opioid\n directly to the patient or the patient’s agent;\n\n 2. The prescription is for an individual who is residing in a hospital,\n assisted living facility, nursing home, or residential health care facility or\n is receiving services from a hospice provider or outpatient dialysis facility;\n\n 3. The prescriber experiences temporary technological or electrical failure or\n other temporary extenuating circumstance that prevents the prescription from\n being transmitted electronically, provided that the prescriber documents the\n reason for this exception in the patient’s medical record;\n\n 4. The prescriber issues a prescription to be dispensed by a pharmacy located\n on federal property, provided that the prescriber documents the reason for\n this exception in the patient’s medical record;\n\n 5. The prescription is issued by a licensed veterinarian for the treatment of\n an animal;\n\n 6. The FDA requires the prescription to contain elements that are not able to\n be included in an electronic prescription;\n\n 7. The prescription is for an opioid under a research protocol;\n\n 8. The prescription is issued in accordance with an executive order of the\n Governor of a declared emergency;\n\n 9. The prescription cannot be issued electronically in a timely manner and the\n patient’s condition is at risk, provided that the prescriber documents\n the reason for this exception in the patient’s medical record; or\n\n 10. The prescriber has been issued a waiver pursuant to subsection D.\n\nD. The licensing health regulatory board of a prescriber may grant such\nprescriber, in accordance with regulations adopted by such board, a waiver of\nthe requirements of subsection B, for a period not to exceed one year, due to\ndemonstrated economic hardship, technological limitations that are not\nreasonably within the control of the prescriber, or other exceptional\ncircumstances demonstrated by the prescriber.\n\nHISTORY: 2000, c. 878; 2017, cc. 115, 429; 2019, c. 664.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}