The State Board of Dental Examiners (Board) adopts new rule 22 TAC §111.5 concerning Electronic Prescribing Waivers. The new rule is adopted to comply with the requirements of HB 2174 (86th Regular Legislative Session), which requires practitioners to electronically prescribe all controlled substances. The law allows for prescriber waivers which may be renewed annually, if the prescriber is experiencing: 1) economic hardship; 2) technological limitations not reasonably within the control of the prescriber; or 3) other exceptional circumstances demonstrated by the prescriber. This new rule is adopted with no changes to the proposed text as published in the November 6, 2020, issue of the Texas Register (45 TexReg 7936). This rule will not be republished.

One comment was received after publication of the rule during the official comment period. On November 17, 2020, the Texas Dental Association provided a written comment in support of the rule as proposed. The Board agrees with this comment and no changes to the rule were made as a result of the comment.

This rule is adopted under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.