Controlled Substances and Prescribing
Prescription Monitoring
Required Checks and Exact Exceptions
The PMP requirement applies to specified authorized persons and drug classes, with distinct prescriber, dispenser, and access-failure exceptions.
Structured Visual
Jurisdiction: TX; as of 2026-09-11; not legal advice; Render structure, refuse interpretation, cite, abstain, and hand off.
RENDER STRUCTURE · REFUSE INTERPRETATION · CITE · ABSTAIN · HAND-OFF: render structure, refuse interpretation, cite provenance, abstain when unsupported, and hand off to human review.
Scope and honesty note
Jurisdiction: Texas medical-practice statutes, as of 2026-09-11. This classroom page provides legal information, not legal or medical advice. It does not assess a patient, clinician, license, report, prescription, disclosure, privilege, disciplinary ground, offense, or outcome. Current statutes, agency rules, facts, procedure, and professional standards may differ. Render only pinned structure; refuse unsupported interpretation or action; cite, abstain, and hand off to qualified legal, medical, regulatory, or emergency professionals.
The rule in plain terms
Section 481.0764(a) requires a person authorized under Section 481.076(a)(5), other than a veterinarian, to access the information for the patient before prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol. Access for other controlled substances is permissive under subsection (b). The prescriber exception in Section 481.0765(a) requires both a cancer or sickle-cell diagnosis or hospice care and clear notation of that circumstance in the prescription record. The dispenser's subsection (b) exception turns on clear notation in that record. Subsection (c) separately addresses a good-faith attempt that fails because access is unavailable for circumstances outside the prescriber's or dispenser's control. These are exact predicates, not a generic exception flag.
Authorized access and confidentiality
The mandatory-duty provision incorporates the authorized-person category in subsection (a)(5); access remains bounded by the governing statute. Verbatim statutory text: “(a) The board may not permit any person to have access to information submitted to the board under Section 481.074(q) or 481.075 except: (1) the board, the Texas Medical Board, the Texas Department of Licensing and Regulation, with respect to the regulation of podiatrists, the State Board of Dental Examiners, the State Board of Veterinary Medical Examiners, the Texas Board of Nursing, or the Texas Optometry Board for the purpose of: (A) investigating a specific license holder; or (B) monitoring for potentially harmful prescribing or dispensing patterns or practices under Section 481.0762; (2) an authorized employee of the board engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state; (3) the department or other law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state, if the board is provided a warrant, subpoena, or other court order compelling the disclosure; (4) a medical examiner conducting an investigation; (5) provided that accessing the information is authorized under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and regulations adopted under that Act: (A) a pharmacist or a pharmacist-intern, pharmacy technician, or pharmacy technician trainee, as defined by Section 551.003, Occupations Code, acting at the direction of a pharmacist, who is inquiring about a recent Schedule II, III, IV, or V prescription history of a particular patient of the pharmacist; or (B) a practitioner who: (i) is a physician, dentist, veterinarian, podiatrist, optometrist, or advanced practice nurse or is a physician assistant described by Section 481.002(39)(D) or an employee or other agent of a practitioner acting at the direction of a practitioner; and (ii) is inquiring about a recent Schedule II, III, IV, or V prescription history of a particular patient of the practitioner; (6) a pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity or a practitioner who is inquiring about the prescribing activity of an individual to whom the practitioner has delegated prescribing authority; (7) one or more states or an association of states with which the board has an interoperability agreement, as provided by Subsection (j); (8) a health care facility certified by the federal Centers for Medicare and Medicaid Services; or (9) the patient, the patient's parent or legal guardian, if the patient is a minor, or the patient's legal guardian, if the patient is an incapacitated person, as defined by Section 1002.017(2), Estates Code, inquiring about the patient's prescription record, including persons who have accessed that record. (a-1) A person authorized to receive information under Subsection (a)(4), (5), or (6) may access that information through a health information exchange, subject to proper security measures to ensure against disclosure to unauthorized persons. (a-2) A person authorized to receive information under Subsection (a)(5) may include that information in any form in the medical or pharmacy record of the patient who is the subject of the information. Any information included in a patient's medical or pharmacy record under this subsection is subject to any applicable state or federal confidentiality or privacy laws. (a-3) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 10, eff. September 1, 2019. (a-4) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 10, eff. September 1, 2019. (a-5) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 10, eff. September 1, 2019. (a-6) A patient, the patient's parent or legal guardian, if the patient is a minor, or the patient's legal guardian, if the patient is an incapacitated person, as defined by Section 1002.017(2), Estates Code, is entitled to a copy of the patient's prescription record as provided by Subsection (a)(9), including a list of persons who have accessed that record, if a completed patient data request form and any supporting documentation required by the board is submitted to the board. The board may charge a reasonable fee for providing the copy. The board shall adopt rules to implement this subsection, including rules prescribing the patient data request form, listing the documentation required for receiving a copy of the prescription record, and setting the fee. (b) This section does not prohibit the board from creating, using, or disclosing statistical data about information submitted to the board under this section if the board removes any information reasonably likely to reveal the identity of each patient, practitioner, or other person who is a subject of the information. (c) The board by rule shall design and implement a system for submission of information to the board by electronic or other means and for retrieval of information submitted to the board under this section and Sections 481.074 and 481.075. The board shall use automated information security techniques and devices to preclude improper access to the information. The board shall submit the system design to the director and the Texas Medical Board for review and comment a reasonable time before implementation of the system and shall comply with the comments of those agencies unless it is unreasonable to do so. (d) Information submitted to the board under this section may be used only for: (1) the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state; (2) investigatory, evidentiary, or monitoring purposes in connection with the functions of an agency listed in Subsection (a)(1); (3) the prescribing and dispensing of controlled substances by a person listed in Subsection (a)(5); or (4) dissemination by the board to the public in the form of a statistical tabulation or report if all information reasonably likely to reveal the identity of each patient, practitioner, or other person who is a subject of the information has been removed. (e) The board shall remove from the information retrieval system, destroy, and make irretrievable the record of the identity of a patient submitted under this section to the board not later than the end of the 36th calendar month after the month in which the identity is entered into the system. However, the board may retain a patient identity that is necessary for use in a specific ongoing investigation conducted in accordance with this section until the 30th day after the end of the month in which the necessity for retention of the identity ends. (f) If the board accesses information under Subsection (a)(2) relating to a person licensed or regulated by an agency listed in Subsection (a)(1), the board shall notify and cooperate with that agency regarding the disposition of the matter before taking action against the person, unless the board determines that notification is reasonably likely to interfere with an administrative or criminal investigation or prosecution. (g) If the board provides access to information under Subsection (a)(3) relating to a person licensed or regulated by an agency listed in Subsection (a)(1), the board shall notify that agency of the disclosure of the information not later than the 10th working day after the date the information is disclosed. (h) If the board withholds notification to an agency under Subsection (f), the board shall notify the agency of the disclosure of the information and the reason for withholding notification when the board determines that notification is no longer likely to interfere with an administrative or criminal investigation or prosecution. (i) Information submitted to the board under Section 481.074(q) or 481.075 is confidential and remains confidential regardless of whether the board permits access to the information under this section. (j) The board may enter into an interoperability agreement with one or more states or an association of states authorizing the board to access prescription monitoring information maintained or collected by the other state or states or the association, including information maintained on a central database such as the National Association of Boards of Pharmacy Prescription Monitoring Program InterConnect. Pursuant to an interoperability agreement, the board may authorize the prescription monitoring program of one or more states or an association of states to access information submitted to the board under Sections 481.074(q) and 481.075, including by submitting or sharing information through a central database such as the National Association of Boards of Pharmacy Prescription Monitoring Program InterConnect. (k) A person authorized to access information under Subsection (a)(4) or (5) who is registered with the board for electronic access to the information is entitled to directly access the information available from other states pursuant to an interoperability agreement described by Subsection (j).” Legal citation: Tex. Health Safety Code § 481.076. Pinned source: https://www.neochart.com/catalog/texas/health_safety/chapter_481/section_481_076/tex_hs_481_076_c0a2a9cdd249/tex_health_safety_code_sec_481_076_official_prescription_inf_0001/index.html; data via neochart.com, snapshot 2026-09-11.
Required and permitted access
The mandatory check names opioids, benzodiazepines, barbiturates, and carisoprodol, excludes veterinarians from that mandate, and grants no prescribing or dispensing authority. Verbatim statutory text: “(a) A person authorized to receive information under Section 481.076(a)(5), other than a veterinarian, shall access that information with respect to the patient before prescribing or dispensing opioids, benzodiazepines, barbiturates, or carisoprodol. (b) A person authorized to receive information under Section 481.076(a)(5) may access that information with respect to the patient before prescribing or dispensing any controlled substance. (c) A veterinarian authorized to access information under Subsection (b) regarding a controlled substance may access the information for prescriptions dispensed only for the animals of an owner and may not consider the personal prescription history of the owner. (d) A violation of Subsection (a) is grounds for disciplinary action by the regulatory agency that issued a license, certification, or registration to the person who committed the violation. (e) This section does not grant a person the authority to issue prescriptions for or dispense controlled substances.” Legal citation: Tex. Health Safety Code § 481.0764. Pinned source: https://www.neochart.com/catalog/texas/health_safety/chapter_481/section_481_0764/tex_hs_481_0764_a051e08e52d0/tex_health_safety_code_sec_481_0764_duties_of_prescribers_ph_0001/index.html; data via neochart.com, snapshot 2026-09-11.
Distinct exception predicates
Prescriber, dispenser, and good-faith access-failure exceptions have distinct statutory conditions. Verbatim statutory text: “(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.” Legal citation: Tex. Health Safety Code § 481.0765. Pinned source: https://www.neochart.com/catalog/texas/health_safety/chapter_481/section_481_0765/tex_hs_481_0765_55d814f1e785/tex_health_safety_code_sec_481_0765_exceptions_0001/index.html; data via neochart.com, snapshot 2026-09-11.
Work the pinned classroom record
A synthetic record identifies an authorized non-veterinary person, the relevant drug class, whether the action is prescribing or dispensing, any claimed exception, its factual and documentation basis, and the access record. A cancer diagnosis without the prescriber's clear notation does not satisfy both conditions of the prescriber exception as modeled. A separate access-failure row retains the good-faith attempt and the circumstances outside the actor's control. The classroom does not decide a real diagnosis, hospice status, lawful access, prescribing authority, or whether a patient's prescription should be issued or filled.
Limits and authored cross-references
Veterinarian access under subsections (b) and (c) concerns prescriptions dispensed for an owner's animals and does not permit considering the owner's personal prescription history. Section 481.0764(d) identifies violation of the mandatory subsection as a disciplinary ground, while subsection (e) expressly confers no prescribing or dispensing authority. The flow assumes the authorized-person category has been established; uncertainty remains unresolved rather than being coded as an exception. Confidentiality, lawful purpose, current rules, and professional judgment remain separate checks.
Read the glanceable structure
The six-node map distinguishes the listed classes, exact exception predicates, mandatory access, and permissive access. Every branch is a legal-source review, not permission to prescribe or a clinical risk assessment. The diagram contains 6 deliberately limited nodes. It is a navigation aid, not law or advice; the words and pinned sources below control the classroom explanation.
Jurisdiction: TX; as of 2026-09-11; not legal advice; Render structure, refuse interpretation, cite, abstain, and hand off.
RENDER STRUCTURE · REFUSE INTERPRETATION · CITE · ABSTAIN · HAND-OFF: render structure, refuse interpretation, cite provenance, abstain when unsupported, and hand off to human review.
Narrow summary
Match the authorized person and listed class, preserve every exception predicate and the access record, and keep PMP compliance separate from the legal and clinical authority for a prescription.