1. (a) Schedule II Prescriptions.

   1. (1) Except as provided by subsection (e) of this section, a practitioner, as defined in the TCSA, §481.002(39)(A), must issue a written prescription for a Schedule II controlled substance only on an official Texas prescription form or through an electronic prescription that meets all requirements of the TCSA. This subsection also applies to a prescription issued in an emergency situation.
   2. (2) A practitioner who issues a written prescription for any quantity of a Schedule II controlled substance must complete an official prescription form by legibly completing the spaces provided.

   3. (3) A practitioner may issue multiple written prescriptions authorizing a patient to receive up to a 90-day supply of a Schedule II controlled substance provided:

      1. (A) each prescription is issued for a legitimate medical purpose while practitioner is acting in the usual course of professional practice;
      2. (B) the practitioner provides written instructions on each prescription, other than the first prescription that is to be dispensed within 21 days of issuance, indicating the earliest date on which a pharmacy may dispense each prescription; and
      3. (C) the practitioner concludes that providing the patient with multiple prescriptions in this manner does not create an undue risk of diversion or abuse.

2. (b) Schedules III through V Prescriptions.

   1. (1) A practitioner, as defined in the TCSA, §481.002(39)(A), (C), (D), may use prescription forms and order forms through individual sources. A practitioner may issue, or allow to be issued by a person under the practitioner's direction or supervision, a Schedule III through V controlled substance on a prescription form for a valid medical purpose and in the course of medical practice.
   2. (2) Schedule III through V prescriptions may be refilled up to five times within six months after date of issuance.
3. (c) Electronic prescription. A practitioner is permitted to issue and to dispense an electronic controlled substance prescription only in accordance with the requirements of the Code of Federal Regulations, Title 21, Part 1311.
4. (d) Controlled Substance prescriptions may not be postdated.
5. (e) Advanced practice registered nurses or physician assistants may only use the official prescription forms issued with their name, address, phone number, and DEA numbers, and the delegating physician's name and DEA number. The official prescription order form must be signed by the requesting advanced practice registered nurse or physician assistant, and by the delegating physician.

Source Note:The provisions of this §315.3 adopted to be effective March 10, 2016, 41 TexReg 1690.