Texas Regulations
Board of Pharmacy
Vol. 46, Issue 11, Texas Register 2021-03-12
PUBLICATION DATE: 03/12/2021
ACTION DATE: 02/22/2021
EFFECTIVE DATE: 03/14/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202100718
REGISTER SOURCE: Vol. 46, Issue 11, Texas Register 2021-03-12 p.1641
PUBLICATION DATE: 03/12/2021
ACTION DATE: 02/22/2021
EFFECTIVE DATE: 03/14/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202100718
REGISTER SOURCE: Vol. 45, Issue 50, Texas Register 2020-12-11 p.8825
PUBLICATION DATE: 12/11/2020
ACTION DATE: 11/23/2020
COMMENT DEADLINE: 01/26/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202004960

315. CONTROLLED SUBSTANCES

22 TAC §315.15

The Texas State Board of Pharmacy adopts amendments to 22 TAC §315.15, concerning Access Requirements. These amendments are adopted without changes to the proposed text as published in the December 11, 2020, issue of the Texas Register (45 TexReg 8825). The rule will not be republished.

The amendments clarify that the duty to consult the Prescription Monitoring Program database before dispensing an opioid, benzodiazepine, barbiturate, or carisoprodol is limited to outpatient prescriptions.

No comments were received.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 22, 2021.

TRD-202100718

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Effective date: March 14, 2021

Proposal publication date: December 11, 2020

For further information, please call: (512) 305-8010

315.15. Access Requirements.

(a) Effective March 1, 2020, a pharmacist before dispensing an outpatient prescription for an opioid, benzodiazepine, barbiturate, or carisoprodol for a patient shall consult the Texas Prescription Monitoring Program (PMP) database to review the patient's controlled substance history. The dispensing pharmacist of an outpatient a prescription shall be responsible for the review of the PMP database prior to dispensing the prescription, unless the pharmacy has designated another pharmacist whose identity has been recorded in the pharmacy's data processing system as responsible for PMP review.

(b) The duty to consult the PMP database as described in subsection (a) of this section does not apply in the following circumstances:

(1) the prescribing individual practitioner is a veterinarian;

(2) it is clearly noted in the prescription record that the patient has a diagnosis of cancer or sickle cell disease or is in hospice care; or

(3) the pharmacist is unable to access the PMP after making and documenting a good faith effort to do so.

(c) If a pharmacist uses pharmacy management systems that integrate data from the PMP, a review of the pharmacy management system with the integrated data shall be deemed compliant with the review of the PMP database as required under §481.0764(a) of the Texas Health and Safety Code and in subsection (a) of this section.

(d) Pharmacists and pharmacy technicians acting at the direction of a pharmacist may only access information contained in the PMP as authorized in §481.076 of Texas Controlled Substances Act. A person who is authorized to access the PMP may only do so utilizing that person's assigned identifier (i.e., login and password) and may not use the assigned identifier of another person. Unauthorized access of PMP information is a violation of Texas Controlled Substances Act, the Texas Pharmacy Act, and board rules.