An update from Stephen Carlton, J.D., the executive director of the Texas Medical Board, published on 3/21/20. You can read the signed letter here.
The Texas Medical Board (TMB) issued initial guidance on February 7, 2020, regarding PMP checks after multiple inquiries. The guidance was intended to be helpful for licensees to understand the upcoming change in the law on March 1, 2020 and address their concerns. No TMB guidance is enforceable nor can they result in any enforcement or disciplinary action.
TMB held a meeting of the TMB Opioid Workgroup on February 18, 2020. One of the primarygoals was to obtain input regarding when to do mandatory PMP checks, who can do them, and how to document these checks. TMB took extensive input from the Opioid Workgroup
Stakeholders. This collaborative effort resulted in the following consensus:
- The mandatory PMP check is required only when a physician prescribes opioids, benzodiazepines, barbiturates, or carisoprodol to the ultimate user for take-home use upon leaving an outpatient setting, such as a doctor’s office or ambulatory surgical center, or upon discharge from an inpatient setting, such as a hospital admission, or discharge from an emergency department visit. A mandatory PMP check is not required before or during an inpatient stay, such as a hospital admission, or during an outpatient encounter setting, such as an emergency department or ambulatory surgical center visit
- The physician may delegate the PMP check to any legally authorized personnel the same way physicians may delegate other tasks.
- A copy of the PMP check may be placed in a patient’s medical records.
Staff anticipates bringing a proposed rule to the Board consistent with this updated guidance for possible publication as soon as March 5-6. TMB believes this updated guidance fulfills the intent of the law, reflects valuable stakeholder input, and enhances the protection of Texas patients.
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