Electronic Prescribing Mandate for Controlled Substances

Electronic Prescribing Mandate for Controlled Substances

NRS 639.23535 requires that all controlled substance prescriptions MUST be transmitted to a pharmacy by electronic prescribing (“e-prescribing”). While NRS 639.23535 took effect January 1, 2021, the Nevada State Board of Pharmacy (Board) provided an exemption for practitioners by regulation; see R083-20AP. The Law mandated that this exemption expires on December 31, 2021.

Starting January 1, 2022, all controlled substance prescriptions MUST be transmitted to a pharmacy by electronic prescribing. The requirements do not apply to a prescription:

a) Issued by a veterinarian;
b) Issued under circumstances where:
1. Electronic transmission is unavailable due to technologic or electronic failure; or
2. The drug will be dispensed at a pharmacy located outside of this State;
c) Issued by a practitioner who will also dispense the drug;
d) For which electronic prescribing is prohibited by federal law;
e) Issued pursuant to a protocol for research; or
f) Issued under circumstances in which the practitioner determines that:
1. The patient is unable to obtain the drug in a timely manner if the prescription is given by electronic transmission; and
2. Delay will adversely affect the patient’s medical condition.

Pharmacists are NOT required to verify that a controlled substance prescription submitted by method other than e-prescribing meets one of the above exceptions. NRS 639.23535(4).

Pharmacists MAY NOT require a practitioner to verify that a controlled substance prescription submitted by a method other than e-prescribing meets one of the above exceptions. NRS 639.23535(4).

A practitioner MUST utilize an approved e-prescribing software listed on the information page to transmit controlled substance prescriptions to a pharmacy. E-prescribing software not on the approved list MUST be approved by the Board before a practitioner may utilize that software. See NAC 639.7102 and the Electronic Prescription Software Approval Form.

Frequently asked questions about the e-prescribing mandate are answered at the following: E-Prescribe FAQs.