Prescribing Controlled Substances
Requirement for Electronic Prescriptions
A practitioner who prescribes a controlled substance listed in Schedule II must, with some exceptions, record the prescription in an electronic prescription.
Exceptions to Electronic Prescribing
If none of the following exceptions apply when the prescription is issued, you must issue the prescription for controlled substances electronically, unless you have been granted a waiver from TDLR.
Emergency Exceptions
In an emergency, as defined by the Texas State Board of Pharmacy, a person may dispense or administer a controlled substance on the oral or telephonically communicated prescription of a practitioner.
Complete information regarding emergency exceptions can be found in Texas Health and Safety Code 481.074 (b-1).
Other Exceptions
A prescription for a controlled substance is not required to be issued electronically if it meets one of the conditions specified in Texas Health and Safety Code 481.0755(a).
Criteria for Electronic Prescribing Waiver
A waiver may be granted if one or more of the following apply:
- demonstrated economic hardship, including:
- any special situational factors affecting either the cost of compliance or ability to comply;
- the likely impact of compliance on profitability or viability; and
- the availability of measures that would mitigate the economic impact of compliance;
- technological limitations not reasonably within the control of the podiatrist;
- issuance of fifty or fewer prescriptions for controlled substances in the year immediately prior to the application for a waiver, as documented by the Texas Prescription Monitoring Program; or
- other exceptional circumstances.
NOTE: Per the State Board of Pharmacy: The pharmacist is not responsible for ensuring there is a waiver. In addition, there is no requirement of the pharmacist to ensure an appropriate waiver is granted.
Apply for a Waiver
To apply for a waiver, complete a Electronic Prescribing Waiver Form (PDF), along with a detailed description and supporting documentation that demonstrates the circumstances necessitating a waiver.
Submit the completed form and documentation via the waiver request webform.
It is not necessary to apply for more than one waiver for additional locations; waivers issued will be valid at all practice locations in Texas.
Waiver Expiration
A waiver granted by TDLR under this section expires one year after the date of approval.
A practitioner may reapply for a subsequent waiver not earlier than the 30th day before the date the waiver expires if the circumstances that necessitated the waiver continue.
TDLR will not send expiration notices regarding this waiver. It is the responsibility of the practitioner to reapply for the waiver as needed and permitted by the Texas Health and Safety Code.
It is the responsibility of each practitioner to retain a copy of the TDLR-issued waiver and to produce that waiver as necessary for verification purposes.
Notification of Approval or Denial
TDLR will review the waiver application and notify you of approval or denial.
If approved, you will receive an email with a waiver certificate attached. We will also maintain a list of podiatrists with waivers on our website.
