The nationwide implementation of e-prescribing technology is growing exponentially, and with it, the need for e-prescribing laws. State and federal governments have passed laws that physicians must comply with if they wish to prescribe certain medications. These laws aim to enhance prescription safety and ensure that e-prescribing is done in accordance with federal standards.
If you own or run a medical practice or entity, you should familiarize yourself with both federal and state Electronic Prescribing for Controlled Substances (EPCS) mandates. It is also important to ensure that your staff is properly trained and knowledgeable when it comes to the use of e-prescribing technology. By understanding both federal and state laws, you can ensure that you are using e-prescribing technology safely and responsibly.
Overview of Federal E-prescribe Laws
While each state has their own set of laws that prescribing physicians must comply with, physicians are also expected to adhere to federal e-prescribe laws. While most of these laws focus on ensuring physicians use e-prescribe software that meet Health IT standards for safety and accuracy, some of these laws change the way physicians are required to care for certain patients altogether. For example, effective January 1st of 2023, the Centers for Medicare and Medicaid Services (CMS) mandate the use of EPCS. This means all schedule II, III, IV, and V controlled substance prescriptions under the Medicare Part D plan are required to be submitted electronically.
Overall, federal e-Prescribing laws are designed to improve patient safety, as well as the accuracy and efficiency of prescribing medications. All states must comply with these laws to provide their patients with the best quality of care.
States with Existing E-Prescribe Laws
In addition to federal laws, many states have laws in place to regulate e-prescribing. These laws tend to be more specific and provide additional protection for patients.
As of 12/31/2023, here is a list of all the states with existing e-prescribe and/or EPCS laws:
Arizona
Mandate: All practitioners are required to electronically prescribe Schedule II controlled substances.
Effective Date: 01/01/2020
Arkansas
Mandate: All practitioners are required to e-prescribe Schedule II-VI controlled substances.
Effective Date: 01/01/2021
Penalties for noncompliance apply.
California
Mandate: Pharmacists and prescribers must e-prescribe prescriptions of both controlled and non-controlled substances.
Effective Date: 01/01/2022
Noncompliance is subject to disciplinary action.
Colorado
Mandate: Practitioners must e-prescribe all Schedule II-IV controlled substances.
Effective date: 07/01/2021
Penalties for noncompliance apply.
Connecticut
Mandate: Practitioners must e-prescribe prescriptions for all controlled substances.
Effective Date: 01/01/2018
The state does not have any specific penalties for noncompliance yet.
Delaware
Mandate: Practitioners must e-prescribe all controlled and non-controlled substances.
Effective Date: 01/01/2021
Florida
Mandate: Practitioners must e-prescribe all controlled and non-controlled substances.
Effective Date: 07/01/2021
Penalties for noncompliance apply.
Illinois
Mandate: Practitioners must e-prescribe prescriptions for all controlled substances.
Effective Date: 01/01/2023
Exceptions apply.
Indiana
Mandate: Practitioners must e-prescribe all controlled substances
Effective Date: 01/01/2022
Penalties for noncompliance apply.
Iowa
Mandate: Practitioners must e-prescribe all controlled and non-controlled substances.
Effective Date: 01/01/2020
Penalties, waivers, and exceptions apply.
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Kansas
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances that contain an opioid.
Effective Date: 07/01/2021
Exceptions and penalties for noncompliance apply.
Kentucky
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Exceptions apply.
Maine
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances containing opiates.
Effective Date: 07/01/2017
Penalties for noncompliance apply.
Maryland
Mandate: Practitioners must e-prescribe prescriptions for all Schedule II controlled substances.
Effective Date: 01/01/2023
Exceptions and waivers apply.
Massachusetts
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Waivers and exceptions apply
Michigan
Mandate: Practitioners must e-prescribe prescriptions for all controlled and non-controlled substances.
Effective Date: 01/01/2023
Exceptions and waivers apply.
Minnesota
Mandate: Prescribers must e-prescribe prescriptions for both controlled and non-controlled substances.
Effective Date: 01/01/2011
No penalties for noncompliance yet.
Missouri
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Penalties for noncompliance apply.
Nebraska
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2022
Penalties for noncompliance apply.
Nevada
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Penalties for noncompliance apply.
New Hampshire
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2022
Penalties for noncompliance apply.
New Mexico
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 04/01/2021
Penalties for noncompliance apply.
New York
Mandate: Practitioners are mandated to electronically prescribe both controlled and non-controlled substances.
Effective Date: 03/27/2016
Penalties for noncompliance apply.
North Carolina
Mandate: Practitioners must e-prescribe prescriptions for Schedule II and Schedule III controlled substances.
Effective Date: 01/01/2020
There are no waivers or penalties for noncompliance.
Ohio
Mandate: Practitioners must e-prescribe prescriptions for all Schedule II controlled substances.
Effective Date: 09/23/2022
Penalties for noncompliance apply.
Oklahoma
Mandate: Practitioners must e-prescribe prescriptions for all Schedule II through V controlled substances.
Effective Date: 01/01/2020
Penalties for noncompliance apply.
Pennsylvania
Mandate: Practitioners must e-prescribe prescriptions for all Schedule II through V controlled substances.
Effective Date: 10/24/2019
Exceptions, waivers, and penalties for noncompliance apply.
Rhode Island
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2020
Penalties for noncompliance apply.
South Carolina
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Penalties for noncompliance apply.
Tennessee
Mandate: Practitioners must e-prescribe prescriptions for Schedule II controlled substances.
Effective Date: 01/01/2021
Exceptions, waivers, and penalties for noncompliance apply.
Texas
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Penalties for noncompliance apply.
Utah
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2022
Exceptions and penalties for noncompliance apply.
Virginia
Mandate: Practitioners must e-prescribe prescriptions for controlled substances containing an opiate.
Effective Date: 07/01/2020
No waivers or exceptions are currently listed.
Washington
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 09/30/2021
Penalties for noncompliance apply.
Wyoming
Mandate: Practitioners must e-prescribe all prescriptions for controlled substances.
Effective Date: 01/01/2021
Exceptions apply.
The existing e-prescription laws vary in scope and implementation. Additionally, some states have adopted incentive programs to encourage e-prescribing, such as exemptions from certain electronic health record (EHR) requirements. It’s imperative for practitioners to pay attention to their state laws, as a violation of these laws can result in serious consequences.
States with No Existing E-prescribing Laws
- Alabama
- Alaska
- Georgia
- Louisiana
- Mississippi
- Missouri
- Montana
- New Jersey
- North Dakota
- South Dakota
- West Virginia
- Oregon
- Wisconsin
- Vermont
Although these states may not have any existing e-prescription laws, the need for efficient prescription monitoring is becoming increasingly clear. As the opioid crisis continues to worsen, more and more states will likely take steps to address this issue and implement regulations that will help regulate the prescribing of controlled and non-controlled drugs.
To ensure that healthcare providers are complying with their state’s e-prescribing laws, they should stay up to date on the latest developments and regulations. Additionally, healthcare providers should consult legal counsel or other qualified professionals if they have any questions or concerns about e-prescribing in their state.
How NewCrop’s Compliant E-Prescribing Services Can Help Your Practice
The introduction of e-prescribing technology has revolutionized the healthcare field and made it easier for doctors to manage their patients’ medications. With the implementation of e-prescribing, practitioners can now electronically prescribe medications to their patients with ease and accuracy.
However, with the implementation of this technology came the need for healthcare practices to comply with e-prescription laws. NewCrop’s compliant e-prescribing services can help healthcare practices stay compliant while reaping all the benefits of a comprehensive e-prescribe solution.
There are many benefits of electronic prescription services you can get to enjoy when you leverage our platform. You can easily create and manage electronic prescriptions – including the ability to enter patient information, select medications, and send prescriptions electronically to pharmacies. Our platform also provides real-time drug interaction checks to ensure that the medication prescribed is safe and appropriate for the patient. And with EPCS access, physicians don’t have to worry about how to comply with state and federal mandates.
Additionally, our platform offers features such as prescription tracking and reporting. This allows healthcare practices to monitor the status of their prescriptions, helping to ensure they’re filled and received by patients in a timely manner. And with prescription drug monitoring program (PDMP) access, physicians can reduce the chances of doctor shopping.
Schedule a demo to better understand NewCrop’s comprehensive e-prescribing services and how we can help your practice stay compliant with both federal and state EPCS laws.
