(a) Non-formulary drugs may be prescribed:
  (1) if no formulary drug exists that is as safe or effective in the specified situation;
  (2) if a limited trial of the drug appears to be safer or more effective than any drug listed in the formulary and the prescribing practitioner anticipates applying to have the drug added to the formulary;
  (3) if the course of therapy established prior to the individual's admission would be interrupted; or
  (4) in an emergency, as defined in §415.103 of this title (relating to Definitions).
(b) Each local authority shall develop and enforce written policies and procedures for monitoring and approving the prescribing of non-formulary drugs by its practitioners and its contract practitioners.
(c) TDMHMR shall develop and enforce written policies and procedures for monitoring and approving the prescribing of non-formulary drugs by TDMHMR facility practitioners and facility contract practitioners. The written policies and procedures are contained in TDMHMR's Pharmacy Management Operating Instruction.

Source Note: The provisions of this §5.110 adopted to be effective February 6, 2002, 27 TexReg 755; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841