(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 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 February 16, 2024
TRD-202400691 Lauren Studdard
General Counsel
State Board of
Dental Examiners
Effective date: March 7, 2024
Proposal publication date: December 15, 2023
For further information, please call: (512) 305-8910
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