ePrescribing for CDS Required by 2022
Healthcare practitioners who prescribe CDS must do so electronically OR apply for a waiver. All requested waivers will be granted for calendar year 2022 only. MDH compliance actions will be delayed until January 1, 2023.
To apply for a waiver, visit the Office of Controlled Substances website, Quick Links, Electronic Prescribing Waiver Request: https://health.maryland.gov/ocsa/Pages/Electronic-Prescribing-Waiver-Request-form.aspx.
Effective January 1, 2022, Senate Bill 0166 (CH0299)/House Bill 0512 (CH0230) (2020) Drugs and Devices – Electronic Prescriptions – Controlled Dangerous Substances requires licensed health care providers in Maryland to electronically prescribe prescriptions for controlled dangerous substances and allows for waivers to be granted under certain circumstances. However, on November 2, 2021 compliance actions for the comparable federal law were delayed by CMS to January 1, 2023, based on stakeholder feedback. In response, MDH is also delaying compliance actions to January 1, 2023.
To maintain compliance with the Health General Article, §21-220(C) requirement to implement e-prescribing on January 1, 2022 , a health care practitioner who is unable to electronically transmit prescriptions for controlled dangerous substance drugs must request a waiver. All requested waivers will be granted for 2022 only.
Please see the December 21 announcement for more information: CDS E-Prescription Waiver Update 12.21.21
Otherwise, electronic prescribing (e-Prescribing or eRx) is not currently mandated in Maryland, but widely used. Some other states and major pharmacies now require use of eRx for all prescriptions. It is also required for eligible clinicians who meet the low volume threshold under the CMS Merit Based Incentive Payment System (MIPS).
The APA has useful resources, including an implementation toolset, on its e-Prescribing webpage.