,,ii  #aaeth ,,congress  #b;d ,session  
,s4 #bdfj  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,february #bg1 
#bjah,mr4 ,bennet 7for himself1 ,mr4    
,heller1 ,ms4 ,warren1 and ,mr4 ,toomey7
 introduced the following bill2 which   
was read twice and referred to the      
,committee on ,finance  ,a ,,bill  ,to  
amend title ,,xviii of the ,social      
,security ,act to require e-prescribing 
for coverage under part ,d of the       
,medicare program of prescription drugs 
that are controlled substances4  #a4    
,short title ,this ,act may be cited as 
the ,every ,prescription ,conveyed      
,securely ,act4  #b4 ,requiring         
e-prescribing for coverage of covered   
part ,d controlled substances  7a7 ,in  
general ,section #ahfj;,d-#d7;e7 of the 
,social ,security ,act 7#db ,u4,s4,c4   
#aciew-#ajd7;e77 is amended by adding at
 the end the following3  7#g7           
,requirement of e-prescribing for       
controlled substances  7,a7 ,in general 
,subject to subparagraph 7,b71 a        

prescription for a covered part ,d drug 
under a prescription drug plan 7or under
 an ,,ma-,,pd plan7 for a schedule ,,ii1
 ,,iii1 ,,iv1 or ,v controlled substance
 shall be transmitted by a health care  
practitioner electronically in          
accordance with an electronic           
prescription drug program that meets the
 requirements of paragraph 7#b74  7,b7  
,exception for certain circumstances    
,the ,secretary shall1 pursuant to      
rulemaking1 specify circumstances with  
respect to which the ,secretary may     
waive the requirement under subparagraph
 7,a71 with respect to a covered part ,d
 drug1 including in the case of--  7i7 a
 prescription issued when the prescriber
 and dispenser are the same entity2     
7ii7 a prescription issued that cannot  
be transmitted electronically due to the
 constraints of the most recently       
implemented version of the ,national    
,council for ,prescription ,drug        
,programs ,,script ,standard2  7iii7 a  
prescription issued by a practitioner   

who has received a waiver or a renewal  
thereof for a specified period          
determined by the ,secretary1 not to    
exceed one year1 from the requirement to
 use electronic prescribing1 pursuant to
 a process established by regulation by 
the ,secretary1 due to demonstrated     
economic hardship1 technological        
limitations that are not reasonably     
within the control of the practitioner1 
or other exceptional circumstance       
demonstrated by the practitioner2  7iv7 
a prescription issued by a practitioner 
under circumstances in which1           
notwithstanding the practitioner's      
ability to make an electronic           
prescription as required by this        
subsection1 such practitioner reasonably
 determines that it would be impractical
 for the individual involved to obtain  
substances prescribed by electronic     
prescription in a timely manner1 and    
such delay would adversely impact the   
individual's medical condition involved2
  7v7 a prescription issued by a        

practitioner allowing for the dispensing
 of a non-patient specific prescription 
pursuant to a standing order1 approved  
protocol for drug therapy1 collaborative
 drug management1 or comprehensive      
medication management1 in response to a 
public health emergency1 or other       
circumstances where the practitioner may
 issue a non-patient specific           
prescription2  7vi7 a prescription      
issued by a practitioner prescribing a  
drug under a research protocol2  7vii7 a
 prescription issued by a practitioner  
for a drug for which the ,food and ,drug
 ,administration requires the           
prescription to contain certain elements
 that are not able to be accomplished   
with electronic prescribing such as1 a  
drug with risk evaluation and mitigation
 strategies that include elements to    
assure safe use2 and  7viii7 a          
prescription issued by a practitioner   
for an individual who-- 7,i7 receives   
hospice care under this title2 or       
7,,ii7 is a resident of a long-term care

 facility1 of a facility described in   
section #aije7;d71 or of another        
facility for which frequently abused    
drugs are dispensed for residents       
through a contract with a single        
pharmacy4  7,c7 ,dispensing  7i7        
,nothing in this paragraph shall be     
construed as requiring a sponsor of a   
prescription drug plan under this part1 
,,ma organization offering an ,,ma-,,pd 
plan under part ,c1 or a pharmacist to  
verify that a practitioner1 with respect
 to a prescription for a covered part ,d
 drug1 has a waiver 7or is otherwise    
exempt7 under subparagraph 7,b7 from the
 requirement under subparagraph 7,a74   
7ii7 ,nothing in this paragraph shall be
 construed as affecting the ability of  
the plan to cover or the pharmacists'   
ability to continue to dispense covered 
part ,d drugs from otherwise valid      
written1 oral or fax prescriptions that 
are consistent with laws and            
regulations4  7iii7 ,nothing in this    
paragraph shall be construed as         

affecting the ability of an individual  
who is being prescribed a covered part  
,d drug to designate a particular       
pharmacy to dispense the covered part ,d
 drug to the extent consistent with the 
requirements under subsection 7b77#a7   
and under this paragraph4  7,d7         
,enforcement ,the ,secretary shall1     
pursuant to rulemaking1 have authority  
to enforce and specify appropriate      
penalties for noncompliance with the    
requirement under subparagraph 7,a74  4 
7b7 ,effective date ,the amendment made 
by subsection 7a7 shall apply to        
coverage of drugs prescribed on or after
 ,january #a1 #bjbj4