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TITLE 22 - EXAMINING BOARDS
PART 5 - STATE BOARD OF DENTAL EXAMINERS
CHAPTER 111 - STANDARDS FOR PRESCRIBING CONTROLLED SUBSTANCES AND DANGEROUS DRUGS
SUBCHAPTER 111.5.html - null
SECTION/RULE §111.5 - Electronic Prescribing Waivers
Chapter Review Date 08/27/2024

(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.

Source Note: The provisions of this §111.5 adopted to be effective December 31, 2020, 45 TexReg 9511; amended to be effective March 7, 2024, 49 TexReg 1462.

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