reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter C. Restrictions on License › Section 560.101. License Not Transferable

Sec. 560.101.  LICENSE NOT TRANSFERABLE.  A pharmacy license issued under this chapter is not transferable or assignable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter C. Restrictions on License › Section 560.102. Separate License for Each Location

Sec. 560.102.  SEPARATE LICENSE FOR EACH LOCATION.  (a)  A separate pharmacy license is required for each principal place of business of a pharmacy.
(b)  Only one pharmacy license may be issued for a specific location.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter D. Certain Prohibited Practices › Section 560.103. False Affidavit

Sec. 560.103.  FALSE AFFIDAVIT.  A person who falsely makes the affidavit prescribed by Section 560.052 is guilty of fraudulent and dishonorable conduct and malpractice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.001. Expiration of License

Sec. 561.001.  EXPIRATION OF LICENSE.  (a)  A pharmacy license expires May 31 of each year.
(b)  The board may adopt a system under which pharmacy licenses expire on various dates during the year or every other year, as appropriate.
(c)  If the board changes the expiration date of a license, the board shall prorate the license renewal fee to cover the number of months for which the license is valid for the year in which the date is changed.  The total license renewal fee is due on the new expiration date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.307(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.002. Pharmacy License Renewal

Sec. 561.002.  PHARMACY LICENSE RENEWAL.  A pharmacy license must be renewed annually or biennially as determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.306(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.003. Requirements for Renewal

Sec. 561.003.  REQUIREMENTS FOR RENEWAL.  (a)  The board by rule shall establish:
(1)  procedures to be followed for renewal of a pharmacy license;
(2)  the fees to be paid for renewal of a pharmacy license; and
(3)   the standards in each classification that each pharmacy and the pharmacy's employees involved in the practice of pharmacy must meet to qualify for relicensing as a pharmacy.
(b)  A pharmacy license may be renewed by:
(1)  payment of a renewal fee set by the board;  and
(2)  filing with the board a completed application for a license renewal certificate given under oath before the expiration date of the license or license renewal certificate.
(c)  A pharmacy whose license has been expired for 90 days or less may renew the expired license by paying to the board a renewal fee that is equal to one and one-half times the normally required renewal fee for the license.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 599 , Sec. 14(1), eff. September 1, 2015.
(e)  If a pharmacy's license has been expired for 91 days or more, the pharmacy may not renew the license.  The pharmacy may obtain a new license by complying with the requirements and procedures for obtaining an original license.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), and Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 19, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 11, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 8, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 14(1), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.0031. Additional Renewal Requirement for Class E Pharmacy

Sec. 561.0031.  ADDITIONAL RENEWAL REQUIREMENT FOR CLASS E PHARMACY.  (a)  In addition to the renewal requirements under Section 561.003, the board shall require that a Class E pharmacy have on file with the board an inspection report issued:
(1)  not more than three years before the date the renewal application is received; and
(2)  by the pharmacy licensing board in the state of the pharmacy's physical location, except as provided by Subsection (b).
(b)  A Class E pharmacy may have on file with the board an inspection report issued by an entity other than the pharmacy licensing board of the state in which the pharmacy is physically located if the requirements of Section 560.052(f) are met.
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 20, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.0032. Additional Renewal Requirement for Compounding Pharmacy

Sec. 561.0032.  ADDITIONAL RENEWAL REQUIREMENT FOR COMPOUNDING PHARMACY.  (a)  In addition to the renewal requirements under Section 561.003, a pharmacy that compounds sterile preparations may not renew a pharmacy license unless the pharmacy:
(1)  has been inspected as provided by board rule; and
(2)  if the pharmacy is located in another state, has reimbursed the board for all expenses, including travel, incurred by the board in inspecting the pharmacy during the term of the expiring license.
(b)  The board may accept, as satisfying the inspection requirement in Subsection (a) for a pharmacy located in another state, an inspection report issued by the pharmacy licensing board in the state in which the pharmacy is located if:
(1)  the board determines that the other state has comparable standards and regulations applicable to pharmacies, including standards and regulations related to health and safety; and
(2)  the pharmacy provides to the board any requested documentation related to the inspection.
Added by Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.004. Issuance of License Renewal Certificate

Sec. 561.004.  ISSUANCE OF LICENSE RENEWAL CERTIFICATE.  On timely receipt of a completed application and renewal fee, the board shall issue a license renewal certificate that contains:
(1)  the pharmacy license number;
(2)  the period for which the license is renewed;  and
(3)  other information the board determines necessary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 561 - Renewal of Pharmacy License › Section 561.005. Suspension of Pharmacy License for Nonrenewal

Sec. 561.005.  SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.  (a)  The board shall suspend the license and remove from the register of licensed pharmacies the name of a pharmacy that does not file a completed application and pay the renewal fee on or before the date the license expires.
(b)  After review by the board, the board may determine that Subsection (a) does not apply if the license is the subject of a pending investigation or disciplinary action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 5, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.307(b), eff. Sept. 1, 2001.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.052. Release of Confidential Records

Sec. 562.052.  RELEASE OF CONFIDENTIAL RECORDS.  A confidential record is privileged and a pharmacist may release a confidential record only to:
(1)  the patient or the patient's agent;
(2)  a practitioner or another pharmacist if, in the pharmacist's professional judgment, the release is necessary to protect the patient's health and well-being;
(3)  the board or to a person or another state or federal agency authorized by law to receive the confidential record;
(4)  a law enforcement agency engaged in investigation of a suspected violation of Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(5)  a person employed by a state agency that licenses a practitioner, if the person is performing the person's official duties;  or
(6)  an insurance carrier or other third party payor authorized by the patient to receive the information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.053. Reports to Board

Sec. 562.053.  REPORTS TO BOARD.  A pharmacist shall report in writing to the board not later than the 10th day after the date of a change of address or place of employment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.054. Emergency Refills

Sec. 562.054.  EMERGENCY REFILLS.  (a)  A pharmacist may exercise the pharmacist's professional judgment in refilling a prescription for a prescription drug, other than a controlled substance listed in Schedule II as established by the commissioner of state health services under Chapter 481, Health and Safety Code, without the authorization of the prescribing practitioner if:
(1)  failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2)  either:
(A)  a natural or manmade disaster has occurred that prohibits the pharmacist from being able to contact the practitioner; or
(B)  the pharmacist is unable to contact the practitioner after reasonable effort;
(3)  the quantity of prescription drug dispensed does not exceed a 72-hour supply;
(4)  the pharmacist informs the patient or the patient's agent at the time of dispensing that the refill is being provided without the practitioner's authorization and that authorization of the practitioner is required for a future refill; and
(5)  the pharmacist informs the practitioner of the emergency refill at the earliest reasonable time.
(b)  Notwithstanding Subsection (a), in the event of a natural or manmade disaster, a pharmacist may dispense not more than a 30-day supply of a prescription drug, other than a controlled substance listed in Schedule II as established by the commissioner of state health services under Chapter 481, Health and Safety Code, without the authorization of the prescribing practitioner if:
(1)  failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
(2)  the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner;
(3)  the governor has declared a state of disaster under Chapter 418, Government Code; and
(4)  the board, through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a prescription drug.
(c)  The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing a prescription drug under Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 567 (S.B. 1658), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.0541. Emergency Refills of Insulin and Insulin-Related Equipment or Supplies

Sec. 562.0541.  EMERGENCY REFILLS OF INSULIN AND INSULIN-RELATED EQUIPMENT OR SUPPLIES.  (a)  In this section:
(1)  "Insulin" includes an insulin analog and an insulin-like medication, regardless of the activation period or whether the solution is mixed before the prescription is dispensed.
(2)  "Insulin-related equipment or supplies" includes needles, syringes, cartridge systems, prefilled pen systems, glucose meters, continuous glucose monitor supplies, and test strips, but excludes insulin pumps.
(b)  A pharmacist may provide an emergency refill of insulin or insulin-related equipment or supplies if the pharmacist complies with this section and rules adopted under this section.
(c)  Notwithstanding Section 562.054(a) and subject to Subsection (b) of this section, a pharmacist may exercise the pharmacist's professional judgment in refilling a prescription for insulin or insulin-related equipment or supplies without the authorization of the prescribing practitioner if the pharmacist:
(1)  is unable to contact the practitioner after reasonable effort;
(2)  is provided with documentation showing that the patient was previously prescribed insulin or insulin-related equipment or supplies by a practitioner;
(3)  assesses the patient to determine whether the emergency refill is appropriate;
(4)  creates a record that documents the patient's visit that includes a notation describing the documentation provided under Subdivision (2); and
(5)  makes a reasonable attempt to inform the practitioner of the emergency refill at the earliest reasonable time.
(d)  The quantity of an emergency refill of insulin may not exceed a 30-day supply. The quantity of an emergency refill of insulin-related equipment or supplies may not exceed the lesser of a 30-day supply or the smallest available package.
(e)  The prescribing practitioner is not liable for an act or omission by a pharmacist in dispensing an emergency refill of insulin or insulin-related equipment or supplies under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 679 (H.B. 1935), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.0545. 90-Day Supply and Accelerated Refills

Sec. 562.0545.  90-DAY SUPPLY AND ACCELERATED REFILLS.  A pharmacist may dispense up to a 90-day supply of a dangerous drug pursuant to a valid prescription that specifies the dispensing of a lesser amount followed by periodic refills of that amount if:
(1)  the total quantity of dosage units dispensed does not exceed the total quantity of dosage units authorized by the prescriber on the original prescription, including refills;
(2)  the patient consents to the dispensing of up to a 90-day supply and the physician has been notified electronically or by telephone;
(3)  the physician has not specified on the prescription that dispensing the prescription in an initial amount followed by periodic refills is medically necessary;
(4)  the dangerous drug is not a psychotropic drug; and
(5)  the patient is at least 18 years of age.
Added by Acts 2011, 82nd Leg., R.S., Ch. 303 (H.B. 2069), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.055. Report to Texas Department of Health

Sec. 562.055.  REPORT TO TEXAS DEPARTMENT OF HEALTH.  A pharmacist shall report to the Texas Department of Health any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins that might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.  Prescription-related events that require a report include:
(1)  an unusual increase in the number of:
(A)  prescriptions to treat respiratory or gastrointestinal complaints or fever;
(B)  prescriptions for antibiotics;  and
(C)  requests for information on over-the-counter pharmaceuticals to treat respiratory or gastrointestinal complaints or fever;  and
(2)  any prescription that treats a disease that is relatively uncommon and has bioterrorism potential.
Added by Acts 2003, 78th Leg., ch. 1312, Sec. 8, eff. June 21, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.056. Practitioner-Patient Relationship Required

Sec. 562.056.  PRACTITIONER-PATIENT RELATIONSHIP REQUIRED.  (a)  Before dispensing a prescription, a pharmacist shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription.  A pharmacist may not dispense a prescription drug if the pharmacist knows or should know that the prescription was issued without a valid practitioner-patient relationship.
(a-1)  To be a valid prescription, a prescription must be issued for a legitimate medical purpose by a practitioner acting in the usual course of the practitioner's professional practice.  The responsibility for the proper prescribing and dispensing of prescription drugs is on the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription.
(b)  This section does not prohibit a pharmacist from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency.
(c)  For purposes of this section and Section 562.112, a valid practitioner-patient relationship is present between a practitioner providing telemedicine medical services or teledentistry dental services and the patient receiving the services if the practitioner has complied with the requirements for establishing such a relationship in accordance with Section 111.005.
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 21, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 13, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 9, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 4, eff. May 27, 2017.
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 16, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter B. Other Practice by Pharmacist › Section 562.057. Administration of Epinephrine

Sec. 562.057.  ADMINISTRATION OF EPINEPHRINE. (a)  A pharmacist may administer epinephrine through an auto-injector device in accordance with this section.
(b)  The board shall adopt rules designed to protect the public health and safety to implement this section.  The rules must provide that a pharmacist may administer epinephrine through an auto-injector device to a patient in an emergency situation.
(c)  A pharmacist may maintain, administer, and dispose of epinephrine auto-injector devices only in accordance with rules adopted by the board under this section.
(d)  A pharmacist who administers epinephrine through an auto-injector device to a patient shall report the use to the patient's primary care physician, as identified by the patient, if the patient has a primary care physician.
(e)  A pharmacist who in good faith administers epinephrine through an auto-injector device in accordance with the requirements of this section is not liable for civil damages for an act performed in the administration unless the act is wilfully or wantonly negligent.  A pharmacist may not receive remuneration for the administration of epinephrine through an auto-injector device but may seek reimbursement for the cost of the epinephrine auto-injector device.
(f)  The administration of epinephrine through an auto-injector device to a patient in accordance with the requirements of this section does not constitute the unlawful practice of any health care profession.
Added by Acts 2015, 84th Leg., R.S., Ch. 1253 (H.B. 1550), Sec. 1, eff. January 1, 2016.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.101. Supervision of Pharmacy

Sec. 562.101.  SUPERVISION OF PHARMACY.  (a)  A pharmacy is required to be under the supervision of a pharmacist as provided by this section.
(b)  A Class A or Class B pharmacy is required to be under the continuous on-site supervision of a pharmacist during the time the pharmacy is open for pharmacy services.
(c)  A Class C pharmacy that is in an institution with more than 100 beds is required to be under the continuous on-site supervision of a pharmacist during the time the pharmacy is open for pharmacy services.
(d)  A Class C pharmacy that is in an institution with 100 beds or fewer is required to have the services of a pharmacist on a part-time or consulting basis according to the needs of the institution.
(e)  A Class D pharmacy is required to be under the continuous supervision of a pharmacist whose services are required according to the needs of the pharmacy.
(f)  A Class E pharmacy is required to be under the continuous on-site supervision of a pharmacist and shall designate one pharmacist licensed to practice pharmacy by the regulatory or licensing agency of the state in which the Class E pharmacy is located to serve as the pharmacist-in-charge of the Class E pharmacy.
(f-1)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), and Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
(g)  For a pharmacy license classification established under Section 560.053, the board shall adopt rules that provide for the supervision of the pharmacy by a pharmacist.  Supervision under the board rules must require at least continuous supervision by a pharmacist according to the needs of the pharmacy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 941, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 41, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.102. Confidential Record

Sec. 562.102.  CONFIDENTIAL RECORD.  A pharmacy shall comply with Section 562.052 concerning the release of a confidential record.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.