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Texas Medical Board Controlled Substance Prescribing Requirements
Effective January 1, 2021, Texas Health and Safety Code, §§481.0755 requires that prescriptions for controlled substances to be issued electronically, except in limited circumstances, or unless a waiver has been granted by the appropriate agency.
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A prescription for a controlled substance is not required to be issued electronically and may be issued in writing if the prescription is issued: • by a veterinarian; • in circumstances in which electronic prescribing is not available due to temporary technological or electronic failure, as prescribed by board rule; • by a practitioner to be dispensed by a pharmacy located outside this state, as prescribed by board rule; • when the prescriber and dispenser are in the same location or under the same license; • in circumstances in which necessary elements are not supported by the most recently implemented national data standard that facilitates electronic prescribing; • for a drug for which the United States Food and Drug Administration requires additional information in the prescription that is not possible with electronic prescribing; • for a non-patient-specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency or in other circumstances in which the practitioner may issue a non-patient-specific prescription; • for a drug under a research protocol; • by a practitioner who has received a waiver from the requirement to use electronic prescribing; • under circumstances in which the practitioner has the present ability to submit an electronic prescription but reasonably determines that it would be impractical for the patient to obtain the drugs prescribed under the electronic prescription in a timely manner and that a delay would adversely impact the patient's medical condition; or before January 1, 2021. A physician may apply for a waiver from the electronic prescribing requirement by: • submitting a waiver request to the TMB and providing required information, and • demonstrating circumstances necessitating a waiver from the requirement, including
Economic Hardship, including:
▪ any special situational factors affecting either the cost of compliance or ability to comply; ▪ the likely impact of compliance on profitability or viability; and ▪ the availability of measures that would mitigate the economic impact of compliance; o technological limitations not reasonably within the control of the physician; or o other exceptional circumstances.
Request a waiver
The Electronic Prescribing Waiver form is available for submission through your MyTMB account. • Verification of an approved waiver will be displayed on the physician profile once granted. • Once approved, waivers will be issued for a period of one year. • Physicians may apply for a subsequent waiver no more than 30 days before an active waiver expires.
Please contact Registrations@tmb.state.tx.us if you have any questions or need assistance.
