Suspension of 22 TAC § 174.5(e)(2)(A) (telephone refills of chronic-pain prescriptions without an in-person visit), granted Mar. 19, 2020

The record

Jurisdiction

Texas Medical Board (waiver granted by the Governor at the Board's request); State level · Texas

Level

Sector regulator

Authority

Tex. Gov't Code § 418.016; Governor's disaster declaration of Mar. 13, 2020

Issued

2020-03-19 Mar. 19, 2020

Effective

2020-03-19

End

2020-04-10 (extended by the Governor Apr. 9, 2020 and May 8, 2020, per the Board's page, Ex. 050; succeeded by the § 174.5 emergency rule of June 5, 2020) (read as 2020-04-10)

In force

Mar. 19, 2020 to Apr. 10, 2020

Quarters

2020 Q2

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Limitation types

Health care ordersOther

Addressees

• Texas physicians treating established chronic-pain patients

Functions reached

• TM telehealth (telephone refills authorized in place of in-person visits)
• PR chronic-pain visits (in-person visit requirement lifted)
• CB patients

Collection

State health licensing boards AGY-ST-HEALTH-BOARDS

Operative words

Governor Abbott approved TMB's request to temporarily suspend Title 22, Chapter 174.5 (e)(2)(A) of the Texas Administrative Code. The Texas Medical Board asserts that strict compliance with these laws could prevent, hinder, or delay timely delivery of necessary medical services in relation to efforts to cope with the declared disaster. This waiver allows telephone refill(s) of a valid prescription for treatment of chronic pain by a physician with an established chronic pain patient. Due to the seriousness of the opioid crisis and the need to ensure there is proper oversight of chronic pain management, this suspension is only in effect until April 10, 2020.

Enforcement

Notes