The Indiana Board of Pharmacy, in anticipation of the mandatory electronic prescribing requirements effective Jan. 1, 2022, has promulgated emergency rules that allow practitioners to apply for a waiver from e-prescribing controlled substances. Statutorily created exemptions to the e-prescribing requirements may be found at IC 25-1-9.3-9; with authority granted to the Board of Pharmacy, in consultation with the Medical Licensing Board, to create a waiver which prescribers may apply for if they are unable to initially comply with the e-prescribing requirement. A copy of the rule may be found HERE.
If a prescriber's application for a waiver is approved by the Board, it will run concurrent with the prescriber's controlled substance registration (CSR). Therefore, a prescriber must renew their e-prescribing waiver if (1) their CSR has expired; and (2) the waiver is still needed to prescribe controlled substances. must be renewed alongside the practitioner’s registry, if needed.
1. The Prescriber should login to, or create, their AccessIndiana account at the link above.
2. Once logged in, select 'Initial Applications' from the left-hand column.
3. Select 'Pharmacy Board' from the options, then select 'E-Prescribing Waiver'.
4. Complete the prompts to submit the application to the Board of Pharmacy.
NOTE: A prescriber must identify which of the categories approved by the board they are eligible for then complete the waiver request at the link below or submitting an paper application found at the bottom of this this page.
1- A prescriber who demonstrates electronically transmitted prescriptions for controlled substances creates an economic hardship on behalf of the Prescriber.
2- A prescriber who demonstrates electronically transmitted prescriptions for controlled substances is not possible due to technological limitations that are not reasonably within the control of the Prescriber.
3- A prescriber who reasonably determines that it would be impractical for the individual involved to obtain an electronically transmitted prescription for controlled substances in a timely manner and such delay would adversely impact the individual’s medical condition.
4- A prescription issued by a Prescriber under an approved research protocol.
5- A prescription issued by a Prescriber for an individual who receives hospice care and that is not covered under the hospice benefit under 42 U.S. Code 1395 w-104.
6- Prescriptions issued by a Prescriber for an individual who is a resident of a nursing facility, as defined in 42 U.S. Code 1396r. Waivers are not required for drug orders.
7- A prescription issued by a Prescriber for an individual who is confined in a city or county jail.
8- A prescription issued by a Prescriber that is a compounded prescription containing two (2) or more products.
9- A prescription issued by a Prescriber that is a compounded infusion prescription containing two (2) or more products.
1. The prescriber should log into their AccessIndiana account at the link above.
2. Once logged in, select "Renew" to the right of the prescriber's e-prescribing number.
3. Complete the prompts to submit the renewal of the waiver to the Board of Pharmacy, ensuring that you provide documentation as to why you still require the waiver.
Pharmacy Verification of Waivers
If a pharmacist wants to verify if a prescriber has received a waiver from the Pharmacy Board, they can confirm utilizing PLA's Search & Verify Tool. This tool can be used to verify if the prescriber has an approved or pending application with the Board. A pharmacist can search using the waiver number, the prescriber's name, or the prescriber's CSR number.
Prescribers who have pending waiver requests before the Board are authorized by the rule to indicate that a waiver is pending on their written or call-in prescriptions so that they may continue to prescribe for patients while the Board reviews their application. Pursuant to Indiana law, the pharmacist filling the prescription shall exercise their professional judgment in the best interest of the patient's health when reviewing all prescriptions and maintains ultimate discretion in filling the prescription.
A copy of the application form can be found HERE.