| (a) Effective January 1, 2021, the Board shall issue
an electronic prescribing waiver to dentists who submit a waiver request
form.
(b) The dentist must demonstrate circumstances necessitating
a waiver from the electronic prescribing requirement, which include:
(1) economic hardship. Economic hardship shall be determined
on a case by case basis, taking into account factors including:
(A) any special situational factors affecting either
the cost of compliance or the ability to comply;
(B) the likely impact of compliance on profitability
or viability; and
(C) the availability of measures that would mitigate
the economic impact of compliance;
(2) technological limitations not reasonably within
the control of the dentist; or
(3) other exceptional circumstances demonstrated by
the dentist. Exceptional circumstances include, but are not limited
to, prescribing fewer than twenty-five prescriptions per year.
(c) The dentist must attest to the circumstances necessitating
a waiver as described in subsection (b) of this section.
(d) The waiver shall be issued for a period of one
year. A dentist may reapply for a subsequent waiver not earlier than
the 30th day before the date the waiver expires if the circumstances
that necessitated the waiver continue.
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