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TMB Approves New Emergency Rule Related to Issuance of Prescriptions

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The Texas Medical Board’s Executive Committee, with advice and direction from the Governor’s Office, adopted rules on an emergency basis related to the issuance of certain prescriptions during the COVID-19 disaster.

The new amendments to Title 22, Chapter 174.5, which went into effect November 3, 2020 at 12:01 a.m., continue to allow for telephone refill of certain prescriptions to established chronic pain patients as long as the patient has been seen by the prescribing physician, or health professional defined under Chapter 111.001(1) of the Texas Occupations Code, in the last 90 days either in-person or via telemedicine using audio and video two-way communication.

The emergency rule will remain in place for 60 days (until January 2, 2021 at 11:59 p.m.) or for the duration of the time period that the Governor’s disaster declaration of March 13, 2020 in response to the COVID-19 pandemic is in effect, whichever is shorter, pursuant to Section 2001.034 of the Texas Government Code.
For further guidance, please review the TMB’s telemedicine FAQs on its COVID-19 website, as well as the Drug Enforcement Administration’s COVID-19 website for federal requirements.
TMB will continue to provide any updates on COVID-19 issues on the TMB website at
For the latest COVID-19 information for health providers and the public, visit the Department of State Health Services (DSHS) COVID-19 web page at