Texas Health and Safety Code

Sec. § 481.0755
Written, Oral, and Telephonically Communicated Prescriptions


(a)

Notwithstanding Sections 481.074 (Prescriptions) and 481.075 (Schedule Ii Prescriptions), a prescription for a controlled substance is not required to be issued electronically and may be issued in writing if the prescription is issued:

(1)

by a veterinarian;

(2)

in circumstances in which electronic prescribing is not available due to temporary technological or electronic failure, as prescribed by board rule;

(3)

by a practitioner to be dispensed by a pharmacy located outside this state, as prescribed by board rule;

(4)

when the prescriber and dispenser are in the same location or under the same license;

(5)

in circumstances in which necessary elements are not supported by the most recently implemented national data standard that facilitates electronic prescribing;

(6)

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;

(7)

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;

(8)

for a drug under a research protocol;

(9)

by a practitioner who has received a waiver under Section 481.0756 (Waivers From Electronic Prescribing) from the requirement to use electronic prescribing;

(10)

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

(11)

before January 1, 2021.

(b)

A dispensing pharmacist who receives a controlled substance prescription in a manner other than electronically is not required to verify that the prescription is exempt from the requirement that it be submitted electronically. The pharmacist may dispense a controlled substance pursuant to an otherwise valid written, oral, or telephonically communicated prescription consistent with the requirements of this subchapter.

(c)

Except in an emergency, a practitioner must use a written prescription to submit a prescription described by Subsection (a). In an emergency, the practitioner may submit an oral or telephonically communicated prescription as authorized under Section 481.074 (Prescriptions)(b-1).

(d)

A written prescription for a controlled substance other than a Schedule II controlled substance must include the information required under Section 481.074 (Prescriptions)(k) and the signature of the prescribing practitioner.

(e)

A written prescription for a Schedule II controlled substance must be on an official prescription form and include the information required for an electronic prescription under Section 481.075 (Schedule Ii Prescriptions)(e), the signature of the practitioner, and the signature of the dispensing pharmacist after the prescription is filled.

(f)

The board by rule shall authorize a practitioner to determine whether it is necessary to obtain a particular patient identification number and to provide that number on the official prescription form.

(g)

On request of a practitioner, the board shall issue official prescription forms to the practitioner for a fee covering the actual cost of printing, processing, and mailing the forms. Before mailing or otherwise delivering prescription forms to a practitioner, the board shall print on each form the number of the form and any other information the board determines is necessary.

(h)

Each official prescription form must be sequentially numbered.

(i)

A person may not obtain an official prescription form unless the person is a practitioner as defined by Section 481.002 (Definitions)(39)(A) or an institutional practitioner.

(j)

Not more than one Schedule II prescription may be recorded on an official prescription form.

(k)

Not later than the 30th day after the date a practitioner’s Federal Drug Enforcement Administration number or license to practice has been denied, suspended, canceled, surrendered, or revoked, the practitioner shall return to the board all official prescription forms in the practitioner’s possession that have not been used for prescriptions.

(l)

Each prescribing practitioner:

(1)

may use an official prescription form only to submit a prescription described by Subsection (a);

(2)

shall date or sign an official prescription form only on the date the prescription is issued; and

(3)

shall take reasonable precautionary measures to ensure that an official prescription form issued to the practitioner is not used by another person to violate this subchapter or a rule adopted under this subchapter.

(m)

In the case of an emergency oral or telephonically communicated prescription described by Section 481.074 (Prescriptions)(b-1), the prescribing practitioner shall give the dispensing pharmacy the information needed to complete the official prescription form if the pharmacy is not required to use the electronic prescription record.

(n)

Each dispensing pharmacist receiving an oral or telephonically communicated prescription under Subsection (m) shall:

(1)

fill in on the official prescription form each item of information given orally to the dispensing pharmacy under Subsection (m) and the date the prescription is filled and fill in the dispensing pharmacist’s signature;

(2)

retain with the records of the pharmacy for at least two years:

(A)

the official prescription form; and

(B)

the name or other patient identification required by Section 481.074 (Prescriptions)(m) or (n); and

(3)

send all required information, including any information required to complete an official prescription form, to the board by electronic transfer or another form approved by the board not later than the next business day after the date the prescription is completely filled.
Added by Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 7, eff. September 1, 2019.
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Last accessed
Jun. 7, 2021