Page 16 - Layout 1

SAN ANTONIO
MEDICINE

Controlled Substance

Electronic Prescribing Requirement

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

30 SAN ANTONIO MEDICINE • March 2021