TMB Clarifies Waiver Allowing Certain Pain Prescription Refills via Telemedicine

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The Texas Medical Board (TMB) has republished an emergency rule, effective March 3, that extends a waiver that allows for telephone refills of certain controlled substance prescriptions to treat patients with chronic pain who recently saw their doctor via telemedicine or in person.

While the re-issued rule largely remains the same as previous versions, it clarifies that, while the emergency measure is in effect, physicians who use telemedicine to issue controlled substances prescriptions to treat patients with chronic pain are generally allowed to use only a two-way audio and video communication.

The rule also clarifies that, for the telephone refill exception to apply, the prescription must be identical to a prescription issued during the patient’s last visit.

Before being allowed to refill a prescription, the prescribing physician also must also confirm:

  • The patient is an established chronic pain patient; and
  • The physician or other qualified health professional has seen the patient in the past 90 days either in-person or via a two-way audio and video telemedicine communication. 

The waiver is a continuation, in part, of an emergency rule TMB put in place on Nov. 3, 2020, in response to the state’s continuing COVID-19 disaster declaration. It is set to expire at 11:59 pm (CT) May 2, or sooner if the governor ends the disaster declaration.

TMB rules typically prohibit treatment of chronic pain with scheduled drugs via telemedicine visits, “unless otherwise allowed under federal and state law.”

The Texas Medical Association has published a frequently asked questions (FAQ) document on the updated rule. Check back for details when the FAQ is published. TMB also is updating its own FAQ on this emergency rule.

Last Updated On

March 22, 2021

Originally Published On

November 09, 2020

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