22 Tex. Admin. Code § 111.3 - Prescription Monitoring by the Dentist
(a)
Prior to prescribing or dispensing opioids, benzodiazepines, barbiturates, or
carisoprodol, a dentist shall access the patient's prescription drug history
report through the Texas State Board of Pharmacy's Prescription Monitoring
Program (PMP) Clearinghouse. Failure to do so is grounds for disciplinary
action.
(b) The act described above
in subsection (a) of this section may be performed by an employee or other
agent of the dentist acting at the direction of the dentist so long as that
employee or agent acts in compliance with HIPAA and the employee or agent only
accesses information related to a particular patient of the dentist. The
dentist is responsible for any unauthorized access by an employee or other
agent.
(c) Exceptions: the act
described above in subsection (a) of this section is not necessary if the
patient has been diagnosed with cancer or is receiving hospice care and that
status is clearly noted in the patient's record.
(d) It is not violation if the dentist makes
a good faith attempt to comply with subsection (a) of this section but is
unable to because circumstances outside the dentist's control and those
circumstances are clearly noted in the patient's record.
(e) A dentist may not disclose or use the
information obtained through the PMP Clearinghouse in a manner not authorized
by Texas Health and Safety Code Chapter 481 or other applicable law. Improper
disclosure or use of the information obtained from the PMP Clearinghouse may
represent grounds for discipline under Texas Occupations Code §
263.002(a)(3) and
(a)(10), and the Board shall apply discipline
pursuant to §
107.206 of this title (relating to
Public Actions of the Board) and the Board's disciplinary matrix.
(f) The requirement contained in subsection
(a) of this section is effective on March 1, 2020, in accordance with H.B. 3284
of the 86th Texas Legislature.
Notes
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