How to Renew Your Electronic Prescribing Hardship Waiver

Physicians and other prescribers in Texas must now electronically prescribe controlled substances (EPCS). However, prescribers who demonstrate financial or technical hardships, or other exceptional circumstances, are eligible for a waiver from the Texas Medical Board (TMB) that, if approved, grants a one-year delay. If the hardship persists, prescribers must renew that waiver annually.

To renew your EPCS waiver, log in to your TMB account to access the form. Once approved, the updated waiver expiration date will be displayed on the physician’s public-facing profile on the TMB website.

Without a TMB waiver or other qualification for a state-law exception, Texas physicians must comply now with the state law or face possible disciplinary action. That’s despite the fact the Centers for Medicare & Medicaid Services (CMS) has delayed enforcement of the federal law for e-prescribing controlled substances in its Part D program until 2024.

Several exceptions to the state e-prescribing mandate do not require a waiver, including a temporary technological or electronic failure, certain emergencies, or when a physician or physician’s delegate issues a prescription to be dispensed by an out-of-state pharmacy.

The Texas Medical Association’s downloadable frequently asked questions document on e-prescribing of controlled substances, based on information from TMB and CMS, answers questions such as:

  • How do I sign up for e-prescribing of controlled substances?
  • Do I qualify for an exception to the mandate?
  • Am I eligible for a waiver, and if so, how do I apply?
  • If I delegate my prescription authority, does my delegate need a separate waiver?
  • Can a hospital or practice apply for a blanket waiver for all its physicians?

Find more information on e-prescribing of controlled substances by visiting TMA’s Prescribing Resource Center.

Questions may be directed to the TMA Knowledge Center by calling (800) 880-7955 or by email.  

Last Updated On

March 24, 2023

Originally Published On

December 16, 2021