Sec. 481.0765. EXCEPTIONS. (a) A prescriber is not subject to the requirements of Section 481.0764(a) if:
(1) the patient has been diagnosed with cancer or sickle cell disease or the patient is receiving hospice care; and
(2) the prescriber clearly notes in the prescription record that the patient was diagnosed with cancer or sickle cell disease or is receiving hospice care, as applicable.
(b) A dispenser is not subject to the requirements of Section 481.0764(a) if it is clearly noted in the prescription record that the patient has been diagnosed with cancer or sickle cell disease or is receiving hospice care.
(c) A prescriber or dispenser is not subject to the requirements of Section 481.0764(a) and a dispenser is not subject to a rule adopted under Section 481.0761(j) if the prescriber or dispenser makes a good faith attempt to comply but is unable to access the information under Section 481.076(a)(5) because of circumstances outside the control of the prescriber or dispenser.
Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 6, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 640 (S.B. 1564), Sec. 1, eff. June 10, 2019.
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