                                 CODE OF VIRGINIA

TRANSMISSION OF PRESCRIPTIONS (§ 54.1-3408.02)

A. 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.

B. Any prescription for a controlled substance that contains an opioid shall be
issued as an electronic prescription.

C. The requirements of subsection B shall not apply if:

   1. The prescriber dispenses the controlled substance that contains an opioid
   directly to the patient or the patient&#8217;s agent;

   2. 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;

   3. 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&#8217;s medical record;

   4. 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&#8217;s medical record;

   5. The prescription is issued by a licensed veterinarian for the treatment of
   an animal;

   6. The FDA requires the prescription to contain elements that are not able to
   be included in an electronic prescription;

   7. The prescription is for an opioid under a research protocol;

   8. The prescription is issued in accordance with an executive order of the
   Governor of a declared emergency;

   9. The prescription cannot be issued electronically in a timely manner and the
   patient&#8217;s condition is at risk, provided that the prescriber documents
   the reason for this exception in the patient&#8217;s medical record; or

   10. The prescriber has been issued a waiver pursuant to subsection D.

D. 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.

HISTORY: 2000, c. 878; 2017, cc. 115, 429; 2019, c. 664.