Texas Register

TITLE 22 EXAMINING BOARDS
PART 5STATE BOARD OF DENTAL EXAMINERS
CHAPTER 111STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
RULE §111.5Electronic Prescribing Waivers
ISSUE 12/25/2020
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Effective January 1, 2021, the Board shall issue an electronic prescribing waiver to dentists who submit a waiver request form.

(b)The dentist must demonstrate circumstances necessitating a waiver from the electronic prescribing requirement, which include:

  (1)economic hardship. Economic hardship shall be determined on a case by case basis, taking into account factors including:

    (A)any special situational factors affecting either the cost of compliance or the ability to comply;

    (B)the likely impact of compliance on profitability or viability; and

    (C)the availability of measures that would mitigate the economic impact of compliance;

  (2)technological limitations not reasonably within the control of the dentist; or

  (3)other exceptional circumstances demonstrated by the dentist. Exceptional circumstances include, but are not limited to, prescribing fewer than twenty-five prescriptions per year.

(c)The dentist must submit a written statement and supporting documentation describing the circumstances necessitating a waiver as described in subsection (b) of this section.

(d)The waiver shall be issued for a period of one year. A dentist 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-202005448

Lauren Studdard

General Counsel

State Board of Dental Examiners

Effective date: December 31, 2020

Proposal publication date: November 6, 2020

For further information, please call: (512) 305-8910



Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page