| (a) Effective September 1, 2019, a pharmacist before
dispensing an opioid, benzodiazepine, barbiturate, or carisoprodol
for a patient shall consult the Texas Prescription Monitoring Program
(PMP) database to review the patient's controlled substance history.
(b) The duty to consult the PMP database as described
in subsection (a) of this section does not apply in the following
circumstances:
(1) the prescribing individual practitioner is a veterinarian;
(2) it is clearly noted in the prescription record
that the patient has a diagnosis of cancer or is in hospice care;
or
(3) the pharmacist is unable to access the PMP after
making and documenting a good faith effort to do so.
(c) If a pharmacist uses pharmacy management systems
that integrate data from the PMP, a review of the pharmacy management
system with the integrated data shall be deemed compliant with the
review of the PMP database as required under §481.0764(a) of
the Texas Health and Safety Code and in subsection (a) of this section.
(d) Pharmacists and pharmacy technicians acting at
the direction of a pharmacist may only access information contained
in the PMP as authorized in §481.076 of Texas Controlled Substances
Act. A person who is authorized to access the PMP may only do so utilizing
that person's assigned identifier (i.e., login and password) and may
not use the assigned identifier of another person. Unauthorized access
of PMP information is a violation of Texas Controlled Substances Act,
the Texas Pharmacy Act, and board rules.
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