Effective 1/1: Electronic Prescribing of Controlled Substances Required
Date: 01/22/21
Effective January 1, 2021, Texas Health and Safety Code §§481.0755 requires that prescriptions for controlled substances (Schedules II through V) are issued electronically, except in limited circumstances, or unless a waiver has been granted by the appropriate agency. This change was implemented to comply with House Bill 2174, which was approved during the 86th Texas Legislature.
A physician may apply for a waiver from the electronic prescribing requirement by:
- Submitting a waiver request to the Texas Medical Board (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.
- The availability of measures that would mitigate the economic impact of compliance.
- Technological limitations not reasonably within the control of the physician.
- Other exceptional circumstances.
- Economic hardship, including:
How to Request a Waiver
The Electronic Prescribing Waiver Form is available for submission through the physician’s 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.
Additional Information
For more information pertaining to this electronic prescribing requirement, including exceptions and/or waivers, please visit the Texas Medical Board website.
For any questions or assistance, please contact Registrations@tmb.state.tx.us.