§ 48–853.03c. Database Query requirement for prescribers and dispensers.

(a)(1) Except as provided in subsection (c) of this section, a prescriber who is licensed, registered, or otherwise permitted to prescribe a controlled substance or other covered substance in the course of his or her professional practice in the District of Columbia, or the prescriber's authorized delegee, shall query the District of Columbia prescription drug monitoring database before initiating a new course of treatment or therapy for a patient in the District of Columbia that includes prescribing an opioid or benzodiazepine for more than 7 consecutive days, and every 90 days thereafter while the course of treatment or therapy continues.

(2) Nothing in this subsection shall prohibit a prescriber from making additional periodic queries of the prescription drug monitoring program database as may be required by routine prescribing practices.

(b)(1) Except as provided in subsection (c) of this section, a dispenser who is licensed, registered, or otherwise permitted to dispense a controlled substance or other covered substance in the course of his or her professional practice in the District of Columbia, or the dispenser's authorized delegee, shall query the District of Columbia prescription drug monitoring database before dispensing an opioid or benzodiazepine for a course of treatment that is anticipated to last for more than 7 consecutive days, and before dispensing a refill for an opioid or benzodiazepine more than 90 days after the initial fill or previous refill date.

(2) Nothing in this section shall prohibit a dispenser from making additional periodic queries of the prescription drug monitoring program database as may be required by routine prescribing practices.

(c) A prescriber or dispenser shall not be required to meet the provisions of subsection (a) or (b) of this section if the:

(1) Controlled substance or other covered substance is prescribed or otherwise provided to a patient currently receiving hospice or palliative care;

(2) Controlled substance or other covered substance is prescribed or otherwise provided to a patient during an inpatient hospital admission or at discharge;

(3) Controlled substance or other covered substance is prescribed or otherwise provided to a patient in a nursing home or residential care facility that uses a sole source pharmacy;

(4) Prescription drug monitoring program database is not operational or available due to a temporary technological or electrical failure or natural disaster; or

(5) Prescriber or dispenser is unable to access the prescription drug monitoring program database due to an emergency or a disaster and documents the circumstances in the patient's medical record.

(d) Failure to comply with the provisions of this section shall constitute grounds for disciplinary action by the relevant health occupations board pursuant to § 3-1205.14(c) and the imposition of civil fines pursuant to § 2-1801.04.