In an effort to combat the misuse and abuse of certain prescription medications, Texas implemented the Prescription Monitoring Program (PMP) to assist prescribers of controlled substances with monitoring patient prescription history. The PMP seeks to avoid duplicative prescriptions, prevent drug diversion, and control misuse of controlled substances.
Prescription Monitoring Program Mandate Coming September 1, 2019
Beginning September 1, 2019, prescribers of opioids, barbiturates, benzodiazepines, or carisoprodol will be required to check the patient’s PMP history before prescribing any of these classes of drugs.
The Texas Prescription Monitoring Program (PMP) collects prescription data on all Schedule II through V controlled substances dispensed by a pharmacy in Texas and to a Texas resident from a pharmacy located in another state. Since September 1, 2017, Texas-licensed pharmacies have been required to report all dispensed controlled substances records to the Texas PMP no later than the next business day after the prescription is completely filled. Pharmacies that fail to report may be subject to an administrative, civil, or criminal penalty.
Currently, prescribers are encouraged to obtain controlled substance history information by checking the PMP. This allows doctors and other prescribers to see what medication a patient is prescribed, when, and by whom. The idea is that checking a patient's prescription record will help eliminate duplicate and overprescribing of controlled substances. Come September 1, 2019, pharmacists and prescribers (other than a veterinarian) will be required to check the patient's PMP history before dispensing or prescribing opioids, benzodiazepines, barbiturates, or carisoprodol.
Registering with the Prescription Monitoring Program
The Texas Board of Nursing, in its recent Bulletin, noted that state and federal agencies have developed guidelines to assist health care providers who care for patients who may be taking opioids, barbiturates, benzodiazepines, or carisoprodol for chronic conditions.
- The Texas BON's Guidelines for the Responsible Prescribing of Opioids, Benzodiazepines, Barbiturates, Carisoprodol (Soma), and Other Controlled Substances can be accessed here.
- The Center for Disease Control’s Guideline for Prescribing Opioids for Chronic Pain can be accessed here.
Also, as of June 1, 2019, official prescription forms ordered prior to September 1, 2018, are no longer valid.
Defending Against Board Investigations into Prescription Patterns
If your prescription patterns are under investigation by your licensing board, we strongly urge you to consult with an experienced medical license defense attorney immediately.
Do not let the increased scrutiny of physicians, nurses, other prescribers, and pharmacists jeopardize your Texas professional medical license. The attorneys at BERTOLINO LLP know how to build a compelling case to protect your license. We know how to navigate the enforcement processes of Texas licensing boards, gather evidence, question witnesses, show a proactive approach toward compliance, and prepare powerful defenses against allegations of misconduct.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
BERTOLINO LLP is prepared to help you if you are under investigation by your professional licensing board. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
If you have questions or need to speak with an attorney about professional license defense, please call 512-717-5432 or click here to contact us.