(a) A physician shall comply with all federal and state laws relating to prescribing of controlled substances in Texas, including requirements concerning electronic prescribing under Code of Federal Regulations, Title 21, Part 1311, and Texas Health and Safety Code, §§481.074 - 481.075.
(b) 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) in circumstances in which electronic prescribing is not available due to temporary technological or electronic failure;
  (2) by a physician or physician's delegate to be dispensed by a pharmacy located outside this state; or
  (3) in any other applicable circumstance described in §481.0755(a) of the Texas Health and Safety Code.
(c) A physician may apply for a waiver from the electronic prescribing requirement by:
  (1) submitting a waiver request and providing required information using a form approved by the Board; and
  (2) demonstrating circumstances necessitating a waiver from the requirement, including:
    (A) economic hardship, as determined by the Board on a physician-by-physician basis, taking into account factors including:
      (i) any special situational factors affecting either the cost of compliance or ability to comply;
      (ii) the likely impact of compliance on profitability or viability; and
      (iii) the availability of measures that would mitigate the economic impact of compliance;
    (B) technological limitations not reasonably within the control of the physician; or
    (C) other exceptional circumstances demonstrated by the physician.
  (3) A waiver may be issued to a physician for a period of one year as specified under Section 481.0756(f) of the Texas Health and Safety Code. A waiver shall expire one calendar year from the date the waiver is issued. A physician 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 §170.10 adopted to be effective December 31, 2020, 45 TexReg 9521