SECTION 306.359. Prescribing Non-formulary Drugs

(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 is safer or more effective than any drug listed in the formulary, based on available medical evidence and the prescribing practitioner's clinical judgment;

(3) if the course of therapy established prior to the individual's admission to the facility where he or she is being treated would be interrupted; or

(4) in an emergency.

(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 contract practitioners.

(c) HHSC shall develop and enforce written policies and procedures for monitoring and approving the prescribing of non-formulary drugs by HHSC facility practitioners and facility contract practitioners.

Source Note: The provisions of this §306.359 adopted to be effective February 24, 2021, 46 TexReg 1246