Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 315 - CONTROLLED SUBSTANCES › Section 315.3 - Prescriptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Schedule II Prescriptions.
(1) Except as provided by subsection (e) of
				this section, a practitioner, as defined in §481.002(39)(A) of the TCSA,
				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) A practitioner who issues a written
				prescription for any quantity of a Schedule II controlled substance must
				complete an official prescription form.
(3) Except as provided by subsection (f) of
				this section, 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:
(A) each
				prescription is issued for a legitimate medical purpose by a practitioner
				acting in the usual course of professional practice;
(B) the practitioner provides written
				instructions on each prescription, other than the first prescription if the
				practitioner intends for that prescription to be filled immediately, indicating
				the earliest date on which a pharmacy may dispense each prescription;
				and
(C) the practitioner concludes
				that providing the patient with multiple prescriptions in this manner does not
				create an undue risk of diversion or abuse.
(4) A schedule II prescription must be
				dispensed no later than 30 days after the date of issuance or, if the
				prescription is part of a multiple set of prescriptions, issued on the same
				day, no later than 30 days after the earliest date on which a pharmacy may
				dispense the prescription as indicated on each prescription.
(5) A person dispensing a Schedule II
				controlled substance prescription shall provide written notice on the safe
				disposal of controlled substance prescription drugs that includes information
				on locations at which Schedule II controlled substance prescription drugs are
				accepted for safe disposal. In lieu of listing those locations, the notice may
				alternatively provide the address of an Internet website specified by the board
				that provides a searchable database of locations at which Schedule II
				controlled substance prescription drugs are accepted for safe disposal. The
				written notice may be provided to the patient in an electronic format, such as
				by e-mail, if the patient or patient's agent requests the notice in an
				electronic format and the request is documented. Such written notice is not
				required if:
(A) the Schedule II controlled
				substance prescription drug is dispensed at a pharmacy or other location that:
(i) is authorized to take back those drugs
				for safe disposal; and
(ii)
				regularly accepts those drugs for safe disposal; or
(B) the dispenser provides to the person to
				whom the Schedule II controlled substance prescription drug is dispensed, at
				the time of dispensation and at no cost to the person:
(i) a mail-in pouch for surrendering unused
				controlled substance prescription drugs; or
(ii) chemicals to render any unused drugs
				unusable or non-retrievable.