(a) A prescriber is not subject to the requirements of § 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 § 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.

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Terms Used In Texas Health and Safety Code 481.0765


(c) A prescriber or dispenser is not subject to the requirements of § 481.0764(a) and a dispenser is not subject to a rule adopted under § 481.0761(j) if the prescriber or dispenser makes a good faith attempt to comply but is unable to access the information under § 481.076(a)(5) because of circumstances outside the control of the prescriber or dispenser.