105 CMR 721.060
Prescribing in Emergency Situations
(A)
In case of an Emergency Situation, the requirements of 105 CMR 721.000 to use an
Electronic Prescribing System to generate, transmit and receive a Prescription are waived. In
these situations, Written and Oral Prescriptions may be issued and must comply with all other
Prescription requirements, including requirements outlined in 105 CMR 721.070(B).
(B) In case of an Emergency Situation a pharmacist may dispense a controlled substance in
schedule II upon receiving the written or orally transmitted authorization of a prescribing
practitioner, provided:
(1) the quantity prescribed and dispensed is limited to the amount adequate to treat the
patient during the emergency period;
(2) the Prescription contains all information required by M.G.L. c. 94C, § 20(a), except for
the actual signature of the prescribing practitioner, and the Prescription is immediately
entered into a compliant electronic pharmacy system or otherwise reduced to writing by the
dispensing pharmacist;
(3) if the prescribing practitioner is not known to the dispensing pharmacist, the dispensing
pharmacist makes a reasonable good faith effort to determine that the orally transmitted
authorization was issued by a prescribing practitioner;
721.060: continued
within seven business days after authorizing an emergency orally transmitted
Prescription, the prescribing practitioner shall cause an Electronic or Written Prescription for
the emergency quantity prescribed to be delivered to the pharmacy which must have written
on its face "Authorization for Emergency Dispensing" and shall comply with federal and
state law. The Written Prescription may be delivered to the pharmacist in person or by mail,
but if delivered by mail, it must be postmarked within the seven day period; and
(5) upon receipt of the Prescription issued under 105 CMR 721.060(B)(4), the dispensing
pharmacist shall attach the Prescription to the orally transmitted emergency Prescription
which had earlier been reduced to writing. The pharmacist shall notify the nearest office of
the Drug Enforcement Administration if the prescribing individual practitioner fails to
deliver a Written Prescription to the pharmacist in accordance with 105 CMR 721.060(B)(4).