The legislature has recognized the impact of the opioid crisis
on the health and well-being of its citizens. The Prescription Monitoring
Program (PMP) is a valuable tool to help prevent diversion of drugs
and opioid-related overdose deaths. This subchapter establishes rules
for a mandatory PMP check.
(1) Before a prescription for opioids, benzodiazepines,
barbiturates, or carisoprodol will be issued to a patient, a mandatory
PMP check of the patient's controlled substance prescription history
is required. The review of the patient's PMP prescribing history must
be completed prior to and each time a prescription is issued for opioids,
benzodiazepines, barbiturates, or carisoprodol to the patient for:
(A) take-home use, upon leaving an outpatient setting
such as doctor's office, or ambulatory surgical center; or
(B) upon discharge from an inpatient setting, such
as a hospital admission or discharge from an emergency department
(2) A mandatory PMP check is not required before or
during an inpatient stay, such as a hospital admission, or during
an outpatient encounter in settings, such as an emergency department
or ambulatory surgical center visit.
(3) The review of the patient's PMP prescribing history
must be documented in the patient's medical records. Permitted documentation
methods include, but are not limited to, placing a copy of the PMP
check in the patient's medical records.
(4) The PMP check and documentation required by this
section may be done by:
(A) the physician; or
(B) a delegate of the physician who is legally authorized
under Section 481.076(a)(5)(B) of the Health and Safety Code.
(5) Exceptions. The PMP check set forth under paragraph
(1) of this section is not required in the following circumstances:
(A) the prescriptions are issued pursuant to hospice
care, treatment for a patient's diagnosis of cancer, or treatment
for a patient's sickle cell disease and this is clearly documented
in the patient's medical record; or
(B) the prescriber makes and documents a good faith
attempt to comply but is unable to access the PMP because of circumstances
outside the control of the prescriber.