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Alaska Administrative Code (Last Updated: January 12, 2017) |
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Title 12. Professional Regulations. |
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Part 12.1. Boards and Commissions Subject to Centralized Licensing. |
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Chapter 12.52. Board of Pharmacy. |
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Article 12.52.1. Licensing, Registration, and Permit Requirements. |
Section 12.52.870. Waiver of electronic submission requirement by dispenser.
Latest version.
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(a) The department shall waive the electronic submission requirements of 12 AAC 52.865(b) for good cause. The dispenser requesting the waiver is responsible for establishing the basis for the requested waiver under this section. (b) To establish good cause for purposes of this section, a dispenser must submit an application and sworn statement showing that (1) a natural disaster or other emergency beyond the control of the dispenser prevents the dispenser from complying with 12 AAC 52.865(b); (2) the dispenser will only dispense controlled substances as part of a controlled research project approved by an accredited institution of higher education or under the supervision of a government agency; (3) the dispenser will dispense nine or fewer prescriptions of controlled substances a month; (4) the dispenser's business is located in an area that lacks access to the telecommunication services needed to comply with 12 AAC 52.865(b); or (5) the dispenser will suffer financial hardship if required to acquire the technology necessary to comply with 12 AAC 52.865(b). (c) The department may not grant a waiver under this section unless the dispenser first agrees in writing that, if the waiver is granted, the dispenser will satisfy the reporting requirements of AS 17.30.200(b) by submitting the required information by United States mail to the board using (1) the pharmacy universal claims form of the National Council for Prescription Drug Programs; or (2) an alternative form approved by the board as providing substantially the same information as the form described in (1) of this subsection. (d) A request for a waiver under this section must be in writing using an application form prescribed by the board and sent to the board. (e) The department's grant or denial of a waiver request constitutes a final agency action unless, no later than 30 days after the department issues notice of the grant or denial, the dispenser files a written notice of appeal with the board. (f) A waiver granted under this section expires at the end of the year in which it is granted. (g) A dispenser shall inform the board within 30 days if the basis for the waiver of electronic reporting no longer exists.
Authorities
08.80.005;08.80.030;17.30.200