(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;
or
(2)by a physician or physician's delegate to be dispensed
by a pharmacy located outside this state.
(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 Controlled
Substances Act. 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 proposal and found it to be within the state agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on October 30, 2020
TRD-202004562 Scott
Freshour
General Counsel
Texas Medical Board
Earliest possible date of adoption: December 13, 2020
For further information, please call: (512) 305-7016
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