SECTION 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.

Source Note: The provisions of this §111.3 adopted to be effective March 18, 2018, 43 TexReg 1436; amended to be effective December 15, 2019, 44 TexReg 7698