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(a)Prior to prescribing or dispensing opioids, benzodiazepines,
barbiturates, or carisoprodol, a dentist shall access the patient's
prescription drug history report through the Texas State Board of
Pharmacy's Prescription Monitoring Program (PMP) Clearinghouse. Failure
to do so is grounds for disciplinary action.
(b)The act described above in subsection (a) of this
section may be performed by an employee or other agent of the dentist
acting at the direction of the dentist so long as that employee or
agent acts in compliance with HIPAA and the employee or agent only
accesses information related to a particular patient of the dentist.
The dentist is responsible for any unauthorized access by an employee
or other agent.
(c)Exceptions: the act described above in subsection
(a) of this section is not necessary if the patient has been diagnosed
with cancer or is receiving hospice care and that status is clearly
noted in the patient's record.
(d)It is not violation if the dentist makes a good
faith attempt to comply with subsection (a) of this section but is
unable to because circumstances outside the dentist's control and
those circumstances are clearly noted in the patient's record.
(e)This rule is effective on September 1, 2019, in
accordance with H.B. 2561 of the 85th Texas Legislature.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on February 26, 2018
TRD-201800821 Tyler Vance
Interim Executive
Director
State Board of Dental Examiners
Effective date: March 18, 2018
Proposal publication date: October 13, 2017
For further information, please call: (512) 475-0977
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