| (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) A dentist may not disclose or use the information
obtained through the PMP Clearinghouse in a manner not authorized
by Texas Health and Safety Code Chapter 481 or other applicable law.
Improper disclosure or use of the information obtained from the PMP
Clearinghouse may represent grounds for discipline under Texas Occupations
Code §263.002(a)(3) and (a)(10), and the Board shall apply discipline
pursuant to §107.206 of this title (relating to Public Actions
of the Board) and the Board's disciplinary matrix.
(f) The requirement contained in subsection (a) of
this section is effective on March 1, 2020, in accordance with H.B.
3284 of the 86th Texas Legislature.
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