Sec. 481.0765. EXCEPTIONS. (a) A prescriber is not subject to the requirements of Section 481.0764(a) if:
(1) the patient has been diagnosed with cancer or sickle cell disease or the patient is receiving hospice care; and
(2) the prescriber clearly notes in the prescription record that the patient was diagnosed with cancer or sickle cell disease or is receiving hospice care, as applicable.
(b) A dispenser is not subject to the requirements of Section 481.0764(a) if it is clearly noted in the prescription record that the patient has been diagnosed with cancer or sickle cell disease or is receiving hospice care.
(c) A prescriber or dispenser is not subject to the requirements of Section 481.0764(a) and a dispenser is not subject to a rule adopted under Section 481.0761(j) if the prescriber or dispenser makes a good faith attempt to comply but is unable to access the information under Section 481.076(a)(5) because of circumstances outside the control of the prescriber or dispenser.
Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 6, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 640 (S.B. 1564), Sec. 1, eff. June 10, 2019.
Structure Texas Statutes
Title 6 - Food, Drugs, Alcohol, and Hazardous Substances
Subtitle C - Substance Abuse Regulation and Crimes
Chapter 481 - Texas Controlled Substances Act
Section 481.061. Federal Registration Required
Section 481.065. Authorization for Certain Activities
Section 481.068. Confidentiality
Section 481.070. Administering or Dispensing Schedule I Controlled Substance
Section 481.074. Prescriptions
Section 481.075. Schedule Ii Prescriptions
Section 481.0755. Written, Oral, and Telephonically Communicated Prescriptions
Section 481.0756. Waivers From Electronic Prescribing
Section 481.076. Official Prescription Information; Duties of Texas State Board of Pharmacy
Section 481.0761. Rules; Authority to Contract
Section 481.0762. Monitoring by Regulatory Agency
Section 481.0763. Registration by Regulatory Agency
Section 481.07635. Continuing Education
Section 481.07636. Opioid Prescription Limits
Section 481.0764. Duties of Prescribers, Pharmacists, and Related Health Care Practitioners
Section 481.0766. Reports of Wholesale Distributors
Section 481.0767. Advisory Committee
Section 481.0768. Administrative Penalty: Disclosure or Use of Information
Section 481.0769. Criminal Offenses Related to Prescription Information
Section 481.077. Chemical Precursor Records and Reports
Section 481.0771. Records and Reports on Pseudoephedrine
Section 481.080. Chemical Laboratory Apparatus Record-Keeping Requirements