reglab/housing_qa huggingface dataset:
TX Occ Code § 562.001 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.001. Definitions

Sec. 562.001.  DEFINITIONS.  In this subchapter:(1)  "Biological product" has the meaning assigned by Section 351, Public Health Service Act (42 U.S.C. Section 262).(1-a) "Generically equivalent" means a drug that is pharmaceutically equivalent and therapeutically equivalent to the drug prescribed.(1-b) "Interchangeable," in reference to a biological product, has the meaning assigned by Section 351, Public Health Service Act (42 U.S.C. Section 262), or means a biological product that is designated as therapeutically equivalent to another product by the United States Food and Drug Administration in the most recent edition or supplement of the United States Food and Drug Administration's Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the Orange Book.(2)  "Pharmaceutically equivalent" means drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical compendial or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or another nationally recognized compendium.(3)  "Therapeutically equivalent" means pharmaceutically equivalent drug products that, if administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 1, eff. September 1, 2015.|
TX Occ Code § 562.002 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.002. Legislative Intent

Sec. 562.002.  LEGISLATIVE INTENT.  It is the intent of the legislature to save consumers money by allowing the substitution of lower-priced generically equivalent drug products for certain brand name drug products and the substitution of interchangeable biological products for certain biological products and for pharmacies and pharmacists to pass on the net benefit of the lower costs of the generically equivalent drug product or interchangeable biological product to the purchaser.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 2, eff. September 1, 2015.|
TX Occ Code § 562.003 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.003. Disclosure of Price; Patient's Option

Sec. 562.003.  DISCLOSURE OF PRICE; PATIENT'S OPTION.  If the price of a drug or biological product to a patient is lower than the amount of the patient's copayment under the patient's prescription drug insurance plan, the pharmacist shall offer the patient the option of paying for the drug or biological product at the lower price instead of paying the amount of the copayment.|Added by Acts 2005, 79th Leg., Ch. 943 (H.B. 836), Sec. 1, eff. September 1, 2005.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 3, eff. September 1, 2015.|
TX Occ Code § 562.004 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.004. Prescription Transmitted Orally by Practitioner

Sec. 562.004.  PRESCRIPTION TRANSMITTED ORALLY BY PRACTITIONER.  A pharmacist to whom a prescription is transmitted orally shall:(1)  note on the file copy of the prescription the dispensing instructions of the practitioner or the practitioner's agent;  and(2)  retain the prescription for the period specified by law.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 562.005 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.005. Record of Dispensed Drug or Biological Product

Sec. 562.005.  RECORD OF DISPENSED DRUG OR BIOLOGICAL PRODUCT.  A pharmacist shall record on the prescription form the name, strength, and manufacturer or distributor of a drug or biological product dispensed as authorized by this subchapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 4, eff. September 1, 2015.|
TX Occ Code § 562.0051 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.0051. Communication Regarding Certain Dispensed Biological Products

Sec. 562.0051.  COMMUNICATION REGARDING CERTAIN DISPENSED BIOLOGICAL PRODUCTS.  (a)  Not later than the third business day after the date of dispensing a biological product, the dispensing pharmacist or the pharmacist's designee shall communicate to the prescribing practitioner the specific product provided to the patient, including the name of the product and the manufacturer or national drug code number.(b)  The communication must be conveyed by making an entry into an interoperable electronic medical records system or through electronic prescribing technology or a pharmacy benefit management system or a pharmacy record, which may include information submitted for the payment of claims, that a pharmacist reasonably concludes is electronically accessible by the prescribing practitioner.  Otherwise, the pharmacist or the pharmacist's designee shall communicate the biological product dispensed to the prescribing practitioner, using facsimile, telephone, electronic transmission, or other prevailing means, provided that communication is not required if:(1)  there is no interchangeable biological product approved by the United States Food and Drug Administration for the product prescribed; or(2)  a refill prescription is not changed from the product dispensed on the prior filling of the prescription.(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 13 (H.B. 1264), Sec. 1, eff. May 7, 2019.|Added by Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 5, eff. September 1, 2015.Amended by: Acts 2019, 86th Leg., R.S., Ch. 13 (H.B. 1264), Sec. 1, eff. May 7, 2019.|
TX Occ Code § 562.006 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.006. Label

Sec. 562.006.  LABEL.  (a)  Unless otherwise directed by the practitioner, the label on the dispensing container must indicate the actual drug or biological product dispensed, indicated by either:(1)  the brand name; or(2)  if there is not a brand name, the drug's generic name or the name of the biological product, the strength of the drug or biological product, and the name of the manufacturer or distributor of the drug or biological product.(b)  In addition to the information required by Subsection (a), the label on the dispensing container of a drug or biological product dispensed by a Class A or Class E pharmacy must indicate:(1)  the name, address, and telephone number of the pharmacy;(2)  the date the prescription is dispensed;(3)  the name of the prescribing practitioner;(4)  the name of the patient or, if the drug or biological product was prescribed for an animal, the species of the animal and the name of the owner;(5)  instructions for use;(6)  the quantity dispensed;(7)  if the drug or biological product is dispensed in a container other than the manufacturer's original container, the date after which the prescription should not be used, determined according to criteria established by board rule based on standards in the United States Pharmacopeia-National Formulary; and(8)  any other information required by board rule.(c)  The information required by Subsection (b)(7) may be recorded on any label affixed to the dispensing container.(d)  Subsection (b) does not apply to a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication.(e)  If a drug or biological product has been selected other than the one prescribed, the pharmacist shall place on the container the words "Substituted for brand prescribed" or "Substituted for 'brand name'" where "brand name" is the name of the brand name drug or biological product prescribed.(f)  The board shall adopt rules requiring the label on a dispensing container to be in plain language and printed in an easily readable font size for the consumer.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 457 (H.B. 948), Sec. 1, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 289 (H.B. 19), Sec. 1, eff. September 1, 2009.Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 6, eff. September 1, 2015.|
TX Occ Code § 562.0061 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.0061. Other Prescription Information

Sec. 562.0061.  OTHER PRESCRIPTION INFORMATION.  The board shall adopt rules specifying the information a pharmacist must provide to a consumer when dispensing a prescription to the consumer for self-administration.  The information must be:(1)  written in plain language;(2)  relevant to the prescription; and(3)  printed in an easily readable font size.|Added by Acts 2007, 80th Leg., R.S., Ch. 457 (H.B. 948), Sec. 2, eff. September 1, 2007.|
TX Occ Code § 562.0062 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.0062. Required Statement Regarding Medication Disposal

Sec. 562.0062.  REQUIRED STATEMENT REGARDING MEDICATION DISPOSAL. The board by rule shall require pharmacists, when dispensing certain drugs, to include on the dispensing container label or in the information required by Section 562.0061 the statement "Do not flush unused medications or pour down a sink or drain."|Added by Acts 2009, 81st Leg., R.S., Ch. 289 (H.B. 19), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 562.007 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.007. Refills

Sec. 562.007.  REFILLS. Except as provided by Section 562.0545, a properly authorized prescription refill shall follow the original dispensing instruction unless otherwise indicated by the practitioner or the practitioner's agent.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 303 (H.B. 2069), Sec. 1, eff. September 1, 2011.|
TX Occ Code § 562.008 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.008. Generic Equivalent or Interchangeable Biological Product Authorized

Sec. 562.008.  GENERIC EQUIVALENT OR INTERCHANGEABLE BIOLOGICAL PRODUCT AUTHORIZED.  (a)  If a practitioner certifies on the prescription form that a specific prescribed brand is medically necessary, the pharmacist shall dispense the drug or biological product as written by the practitioner. The certification must be made as required by the dispensing directive adopted under Section 562.015. This subchapter does not permit a pharmacist to substitute a generically equivalent drug or interchangeable biological product unless the substitution is made as provided by this subchapter.(b)  Except as otherwise provided by this subchapter, a pharmacist who receives a prescription for a drug or biological product for which there is one or more generic equivalents or one or more interchangeable biological products may dispense any of the generic equivalents or interchangeable biological products.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 6, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 7, eff. September 1, 2015.|
TX Occ Code § 562.010 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.010. Responsibility Concerning Generically Equivalent Drug or Interchangeable Biological Product; Liability

Sec. 562.010.  RESPONSIBILITY CONCERNING GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT; LIABILITY.  (a)  A pharmacist who selects a generically equivalent drug or interchangeable biological product to be dispensed under this subchapter assumes the same responsibility for selecting the generically equivalent drug or interchangeable biological product as the pharmacist does in filling a prescription for a drug prescribed by generic or biological product name.(b)  The prescribing practitioner is not liable for a pharmacist's act or omission in selecting, preparing, or dispensing a drug or biological product under this subchapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 10, eff. September 1, 2015.|
TX Occ Code § 562.011 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.011. Restriction on Selection of and Charging for Generically Equivalent Drug or Interchangeable Biological Product

Sec. 562.011.  RESTRICTION ON SELECTION OF AND CHARGING FOR GENERICALLY EQUIVALENT DRUG OR INTERCHANGEABLE BIOLOGICAL PRODUCT.  (a)  A pharmacist may not select a generically equivalent drug or interchangeable biological product unless the generically equivalent drug or interchangeable biological product selected costs the patient less than the prescribed drug or biological product.(b)  A pharmacist may not charge for dispensing a generically equivalent drug or interchangeable biological product a professional fee higher than the fee the pharmacist customarily charges for dispensing the brand name drug or biological product prescribed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 11, eff. September 1, 2015.|
TX Occ Code § 562.012 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.012. Substitution of Dosage Form Permitted

Sec. 562.012.  SUBSTITUTION OF DOSAGE FORM PERMITTED.  With the patient's consent, a pharmacist may dispense a dosage form of a drug different from that prescribed, such as a tablet instead of a capsule or a liquid instead of a tablet, if the dosage form dispensed:(1)  contains the identical amount of the active ingredients as the dosage prescribed for the patient;(2)  is not an enteric-coated or timed release product; and(3)  does not alter desired clinical outcomes.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 12, eff. June 14, 2013.|
TX Occ Code § 562.013 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.013. Applicability of Subchapter

Sec. 562.013.  APPLICABILITY OF SUBCHAPTER.  Unless a drug is determined to be generically equivalent to, or a biological product is determined to be interchangeable with, the brand prescribed, drug or biological product selection as authorized by this subchapter does not apply to:(1)  an enteric-coated tablet;(2)  a controlled release product;(3)  an injectable suspension, other than an antibiotic;(4)  a suppository containing active ingredients for which systemic absorption is necessary for therapeutic activity; or(5)  a different delivery system for aerosol or nebulizer drugs.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 12, eff. September 1, 2015.|
TX Occ Code § 562.014 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.014. Narrow Therapeutic Index Drugs

Sec. 562.014.  NARROW THERAPEUTIC INDEX DRUGS.  (a)  Except as provided by this section, drug selection as authorized by this subchapter does not apply to the refill of a prescription for a narrow therapeutic index drug.  The board, in consultation with the Texas Medical Board, shall by rule establish a list of narrow therapeutic index drugs to which this subsection applies.  A prescription for a narrow therapeutic index drug may be refilled only by using the same drug product by the same manufacturer that the pharmacist last dispensed under the prescription, unless otherwise agreed to by the prescribing practitioner.  If a pharmacist does not have the same drug product by the same manufacturer in stock to refill the prescription, the pharmacist may dispense a drug product that is generically equivalent if the pharmacist, before dispensing the generically equivalent drug product, notifies:(1)  the patient, at the time the prescription is dispensed, that a substitution of the prescribed drug product has been made; and(2)  the prescribing practitioner of the drug product substitution by telephone, facsimile, or mail, at the earliest reasonable time, but not later than 72 hours after dispensing the prescription.(b)  The board and the Texas Medical Board shall establish a joint committee to recommend to the board a list of narrow therapeutic index drugs and the rules, if any, by which this section applies to those drugs.  The committee must consist of an equal number of members from each board.  The committee members shall select a member of the committee to serve as presiding officer for a one year term.  The presiding officer may not represent the same board as the presiding officer's predecessor.(c)  Expired.(d)  Expired.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 385 (S.B. 625), Sec. 1, eff. June 15, 2007.|For contingent effect of this section, see Subsection (e).
TX Occ Code § 562.0141 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.0141. Transplant Immunosuppressant Drug Product Selection Prohibited

Sec. 562.0141.  TRANSPLANT IMMUNOSUPPRESSANT DRUG PRODUCT SELECTION PROHIBITED.  (a)  In this section:(1)  "Immunosuppressant drug" means any drug prescribed for immunosuppressant therapy following a transplant.(2)  "Interchange" means the substitution of one version of the same immunosuppressant drug, including a generic version for the prescribed brand, a brand version for the prescribed generic version, a generic version by one manufacturer for a generic version by a different manufacturer, a different formulation of the prescribed immunosuppressant drug, or a different immunosuppressant drug for the immunosuppressant drug originally prescribed.(b)  A pharmacist may not interchange an immunosuppressant drug or formulation of an immunosuppressant drug, brand or generic, for the treatment of a patient following a transplant without prior consent to the interchange from the prescribing practitioner.(c)  To comply with Subsection (b), a pharmacist shall notify a prescribing practitioner orally or electronically to secure permission to interchange an immunosuppressant drug or formulation of an immunosuppressant drug, brand or generic.  The practitioner's authorization or denial of authorization must be documented by the pharmacist and by the practitioner.(d)  If a pharmacist does not have the same drug product by the same manufacturer in stock to refill the prescription, or if the practitioner is unavailable to give authorization, the pharmacist may dispense a drug product that is generically equivalent if the pharmacist, before dispensing the generally equivalent drug product:(1)  notifies and receives consent from the patient, at the time the prescription is dispensed, to substitute the prescribed drug product; and(2)  notifies the prescribing practitioner of the drug product substitution orally or electronically at the earliest reasonable time, but not later than 24 hours after dispensing the prescription.(e)  This section is only effective subject to the conditions established by Section 562.0142.|Added by Acts 2007, 80th Leg., R.S., Ch. 385 (S.B. 625), Sec. 2, eff. June 15, 2007.|
TX Occ Code § 562.015 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.015. Dispensing Directive; Compliance With Federal Law

Sec. 562.015.  DISPENSING DIRECTIVE;  COMPLIANCE WITH FEDERAL LAW.  (a)  The board shall adopt rules to provide a dispensing directive to instruct pharmacists on the manner in which to dispense a drug or biological product according to the contents of a prescription. The rules adopted under this section must:(1)  require the use of the phrase "brand necessary" or "brand medically necessary" on a prescription form to prohibit the substitution of a generically equivalent drug or interchangeable biological product for a brand name drug or biological product;(2)  be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and its subsequent amendments;(3)  comply with federal and state law, including rules, with regard to formatting and security requirements;(4)  be developed to coordinate with 42 C.F.R. Section 447.512; and(5)  include an exemption for electronic prescriptions as provided by Subsection (b).(b)  The board shall provide an exemption from the directive adopted under this section for prescriptions transmitted electronically.  The board may regulate the use of electronic prescriptions in the manner provided by federal law, including rules.|Added by Acts 2001, 77th Leg., ch. 1254, Sec. 7, eff. Sept. 1, 2001.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 13, eff. September 1, 2015.|
TX Occ Code § 562.016 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle J - Pharmacy and Pharmacists|Chapter 562 - Practice by License Holder|Subchapter A. Prescription and Substitution Requirements|Section 562.016. List of Approved Interchangeable Biological Products

Sec. 562.016.  LIST OF APPROVED INTERCHANGEABLE BIOLOGICAL PRODUCTS.  The board shall maintain on the board's Internet website a link to the United States Food and Drug Administration's list of approved interchangeable biological products.|Added by Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 14, eff. September 1, 2015.|