(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 attest to [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 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 December 1, 2023
TRD-202304423 Lauren Studdard
General Counsel
State Board of Dental Examiners
Earliest possible date of adoption: January 14, 2024
For further information, please call: (512) 305-8910
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