Texas Occupations Code

§ 562.015 — DISPENSING DIRECTIVE; COMPLIANCE WITH FEDERAL LAW

OC § 562.015Title 3. HEALTH PROFESSIONS · Part J. PHARMACY AND PHARMACISTS · Ch. 562. PRACTICE BY LICENSE HOLDER · Art. A. PRESCRIPTION AND SUBSTITUTION REQUIREMENTS

Statute text

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(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).

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 13, eff. September 1, 2015.