Section 130.58 - Standards for Prescribing Controlled Substances and Dangerous Drugs(a) A podiatrist must comply with all federal and state laws and regulations relating to the ordering and prescribing of controlled substances in Texas, including, but not limited to, requirements set forth by: (1) the United States Drug Enforcement Administration;(2) the United States Food and Drug Administration;(3) the Texas Health and Human Services Commission;(4) the Texas Department of Public Safety;(5) the Texas State Board of Pharmacy; and(b) A podiatrist must not prescribe a controlled substance except for a valid podiatric medical purpose and in the course of podiatric practice.(c) A podiatrist must not confer upon and must not delegate prescriptive authority (the act of prescribing or ordering a drug or device) to any other person.(d) A podiatrist may designate an agent to communicate a prescription to a pharmacist. The podiatrist remains personally responsible for the actions of the designated agent who communicates a prescription to a pharmacist. A podiatrist who designates an agent must: (1) on request, provide a pharmacist with a copy of the podiatrist's written authorization for a designated agent to communicate a prescription; and(2) maintain a list of the designated agents at the podiatrist's usual place of business.(e) Responsible prescribing of controlled substances requires that a podiatrist consider certain elements prior to issuing a prescription, including, but not limited to: (1) reviewing the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database;(2) the patient's date of birth matches with proper identification;(3) an initial comprehensive history and physical examination is performed;(4) the Schedule II prescription copy is in the chart or record found for each prescription written; and(5) alternative therapy (e.g. ultrasound, TENS) discussed and prescribed for the patient.(f) Prior to prescribing opioids, benzodiazepines, barbiturates, or carisoprodol, a podiatrist must review the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database. Failure to do so is grounds for disciplinary action by the department.(g) Prior to prescribing any controlled substance, a podiatrist may review the patient's Schedule II, III, IV, and V prescription drug history report by accessing the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database.(h) An employee of the podiatrist acting at the direction of the podiatrist may perform the function described in subsection (e) and (f) so long as that employee acts in compliance with HIPAA and only accesses information related to a particular patient of the podiatrist.(i) A podiatrist or an employee of a podiatrist acting at the direction of the podiatrist may access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database to inquire about the podiatrist's own Schedule II, III, IV, and V prescription drug activity.(j) A podiatrist or an employee of a podiatrist acting at the direction of the podiatrist may not access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database for reasons not directly related to a patient under their care. Unauthorized access is grounds for disciplinary action by the department.(k) If a podiatrist uses an electronic medical records management system (health information exchange) that integrates a patient's Schedule II, III, IV, and V prescription drug history data from the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database, a review of the electronic medical records management system (health information exchange) with the integrated data must be deemed compliant with the review of the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database as required under § 481.0764(a) of the Texas Health and Safety Code and these rules.(l) The duty to access a patient's Schedule II, III, IV, and V prescription drug history report through the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database as described in subsection (e) does not apply in the following circumstances: (1) it is clearly noted in the patient's medical record that the patient has a diagnosis of cancer or is in hospice care; or(2) the podiatrist or an employee of the podiatrist makes a good faith attempt to access the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database but is unable to access the information because of circumstances outside the control of the podiatrist or an employee of the podiatrist and the good faith attempt and circumstances are clearly documented in the patient's medical record for prescribing a controlled substance.(m) Information obtained from the Texas State Board of Pharmacy's - Texas Prescription Monitoring Program (PMP) database may be included in any form in the searched patient's medical record and is subject to any applicable state or federal confidentiality, privacy or security laws.(n) In accordance with Texas Health and Safety Code Chapter 483, Subchapter E., a podiatrist may prescribe an opioid antagonist to a person at risk of experiencing an opioid-related drug overdose or to a family member, friend, or other person in a position to assist the person who is at risk of experiencing an opioid-related drug overdose. A podiatrist who prescribes an opioid antagonist must document the basis for the prescription in the medical record of the person who is at risk of experiencing an opioid-related drug overdose.16 Tex. Admin. Code § 130.58
The provisions of this §130.58 adopted to be effective July 5, 2006, 31 TexReg 5292; Transferred from Title 22 Chapter 376 by Texas Register, Volume 42, Number 33, August 18, 2017, TexReg 4145, eff. 9/1/2017; Repealed by Texas Register, Volume 43, Number 42, October 19, 2018, TexReg 6955, eff. 11/1/2018; Adopted by Texas Register, Volume 44, Number 35, August 30, 2019, TexReg 4728, eff. 9/1/2019; Amended by Texas Register, Volume 45, Number 26, June 26, 2020, TexReg 4336, eff. 7/1/2020; Amended by Texas Register, Volume 49, Number 47, November 22, 2024, TexReg 9546, eff. 12/1/2024