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(a)A physician shall comply with all federal and state
laws relating to prescribing of controlled substances in Texas, including
requirements concerning electronic prescribing under Code of Federal
Regulations, Title 21, Part 1311, and Texas Health and Safety Code, §§481.074
- 481.075.
(b)A prescription for a controlled substance is not
required to be issued electronically and may be issued in writing
if the prescription is issued:
(1)in circumstances in which electronic prescribing
is not available due to temporary technological or electronic failure;
(2)by a physician or physician's delegate to be dispensed
by a pharmacy located outside this state; or
(3)in any other applicable circumstance described
in §481.0755(a) of the Texas Health and Safety Code.
(c)A physician may apply for a waiver from the electronic
prescribing requirement by:
(1)submitting a waiver request and providing required
information using a form approved by the Board; and
(2)demonstrating circumstances necessitating a waiver
from the requirement, including:
(A)economic hardship, as determined by the Board on
a physician-by-physician basis, taking into account factors including:
(i)any special situational factors affecting either
the cost of compliance or ability to comply;
(ii)the likely impact of compliance on profitability
or viability; and
(iii)the availability of measures that would mitigate
the economic impact of compliance;
(B)technological limitations not reasonably within
the control of the physician; or
(C)other exceptional circumstances demonstrated by
the physician.
(3)A waiver may be issued to a physician for a period
of one year as specified under Section 481.0756(f) of the Texas Health
and Safety Code. A waiver shall expire one calendar year from the
date the waiver is issued. A physician 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.
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 December 11, 2020
TRD-202005422 Scott Freshour
General Counsel
Texas Medical Board
Effective date: December 31, 2020
Proposal publication date: November 13, 2020
For further information, please call: (512) 305-7016
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