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TITLE 22EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 111STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
RULE §111.5Electronic Prescribing Waivers

(a) Effective January 1, 2021, the Board shall issue an electronic prescribing waiver to dentists who submit a waiver request form.

(b) The dentist must demonstrate circumstances necessitating a waiver from the electronic prescribing requirement, which include:

  (1) economic hardship. Economic hardship shall be determined on a case by case basis, taking into account factors including:

    (A) any special situational factors affecting either the cost of compliance or the ability to comply;

    (B) the likely impact of compliance on profitability or viability; and

    (C) the availability of measures that would mitigate the economic impact of compliance;

  (2) technological limitations not reasonably within the control of the dentist; or

  (3) other exceptional circumstances demonstrated by the dentist. Exceptional circumstances include, but are not limited to, prescribing fewer than twenty-five prescriptions per year.

(c) The dentist must submit a written statement and supporting documentation describing the circumstances necessitating a waiver as described in subsection (b) of this section.

(d) The waiver shall be issued for a period of one year. A dentist may reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.


Source Note: The provisions of this §111.5 adopted to be effective December 31, 2020, 45 TexReg 9511

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