The legislature has recognized the impact of the opioid crisis on the health and well-being of its citizens. The Prescription Monitoring Program (PMP) is a valuable tool to help prevent diversion of drugs and opioid-related overdose deaths. This subchapter establishes rules for a mandatory PMP check.
  (1) Before a prescription for opioids, benzodiazepines, barbiturates, or carisoprodol will be issued to a patient, a mandatory PMP check of the patient's controlled substance prescription history is required. The review of the patient's PMP prescribing history must be completed prior to and each time a prescription is issued for opioids, benzodiazepines, barbiturates, or carisoprodol to the patient for:
    (A) take-home use, upon leaving an outpatient setting such as doctor's office, or ambulatory surgical center; or
    (B) upon discharge from an inpatient setting, such as a hospital admission or discharge from an emergency department visit.
  (2) A mandatory PMP check is not required before or during an inpatient stay, such as a hospital admission, or during an outpatient encounter in settings, such as an emergency department or ambulatory surgical center visit.
  (3) The review of the patient's PMP prescribing history must be documented in the patient's medical records. Permitted documentation methods include, but are not limited to, placing a copy of the PMP check in the patient's medical records.
  (4) The PMP check and documentation required by this section may be done by:
    (A) the physician; or
    (B) a delegate of the physician who is legally authorized under Section 481.076(a)(5)(B) of the Health and Safety Code.
  (5) Exceptions. The PMP check set forth under paragraph (1) of this section is not required in the following circumstances:
    (A) the prescriptions are issued pursuant to hospice care, treatment for a patient's diagnosis of cancer, or treatment for a patient's sickle cell disease and this is clearly documented in the patient's medical record; or
    (B) the prescriber makes and documents a good faith attempt to comply but is unable to access the PMP because of circumstances outside the control of the prescriber.

Source Note: The provisions of this §170.9 adopted to be effective July 13, 2020, 45 TexReg 4748