Sec. 9. (a) The board shall, in consultation with the medical licensing board, adopt rules under IC 4-22-2 to implement this chapter, including:

(1) a process to grant or deny waivers or renewals of waivers from the requirement to issue electronically transmitted prescriptions for controlled substances due to:

(A) economic hardship;

(B) technological limitations outside the control of the prescriber that are not otherwise specified in section 8 of this chapter; or

(C) other circumstances determined by the board; and

(2) a list of circumstances in which issuing an electronically transmitted prescription would be impractical and cause delay that would adversely impact the user’s medical condition.

     (b) Any rules adopted under this chapter must be substantially similar to the requirements and exceptions under:

(1) 42 U.S.C. §§ 1395w-104; and

(2) any regulations adopted under 42 U.S.C. §§ 1395w-104.

     (c) The board, in consultation with the medical licensing board, may adopt emergency rules in the manner provided in IC 4-22-2-37.1. A rule adopted under this section expires on the earlier of the following:

(1) The date that the rule is superseded, amended, or repealed by a permanent rule adopted under IC 4-22-2.

(2) July 1, 2023.

     (d) A provision described in:

(1) section 8(1) through 8(4);

(2) section 8(6); and

(3) section 8(7);

of this chapter does not require a waiver of any rule adopted under this chapter.

As added by P.L.28-2019, SEC.9. Amended by P.L.114-2020, SEC.9; P.L.207-2021, SEC.24.