The Texas Medical Board (Board) adopts new Subchapter D, 22 TAC Chapter 170, titled Electronic Prescribing of Controlled Substances, and new §170.10, titled Electronic Prescribing of Controlled Substances. The new subchapter and rule are being adopted with non-substantive changes to the proposed text as published in the November 13, 2020, issue of the Texas Register (45 TexReg 8096). The rule will be republished. Changes in the adopted rule respond to public comments or otherwise reflect non-substantive variations from the proposed amendments. The changes affect no new persons, entities, or subjects other than those given notice, and compliance with the adopted sections will not be more burdensome than under the proposed sections.

New §170.10 sets forth requirements and exceptions related to electronic prescribing of controlled substances, and the process and circumstances in which a physician may obtain a waiver from such requirements.

The Board received one written comment regarding the proposed new rule from the Texas Medical Association (TMA). A TMA representative appeared to provide oral comment regarding the new rule at the Medical Board meeting on December 4, 2020. A summary of TMA's comment and the Board's response follows:

TMA's Comment:

TMA requested that the Board add language to the rule outlining all of the exceptions to electronic prescribing provided under Section 481.0755(a) of the Texas Health and Safety Code, or as an alternative, to add a cross reference to the statute, to ensure physicians have more complete information on exceptions that might apply to their particular circumstances. TMA further requested that language providing for three new bases to obtain a waiver be added.

Response:

The Board agreed that adding language referencing all relevant exceptions to electronic prescribing under the Texas Health and Safety Code will improve the clarity of the rule and adopted the rule with the requested non-substantive language. Regarding TMA's request that language be added providing for new bases to obtain a waiver from electronic prescribing, the Board disagreed that it has such authority.

The new rule is adopted under the authority of the Texas Occupations Code §153.001 which provides authority for the Board to adopt rules necessary to administer and enforce the Medical Practice Act and to adopt rules necessary to regulate physicians. The new rule is also adopted under the authority of H.B. 2174 (86th Leg. (2019)).