Texas Register, Volume 38, Number 26, Pages 4053-4242, June 28, 2013 Page: 4,138
4053-4242 p. ; 28 cm.View a full description of this periodical.
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A practitioner may sign a prescription drug
order in the same manner as he would sign a check or legal document,
e.g., J.H. Smith or John H. Smith.
(II) [(iv)] Rubber stamped or otherwise repro-
duced signatures may not be used except as authorized in clause (i) of
this subparagraph.
(III) [(v)] The prescription drug order may not be
signed by a practitioner's agent but may be prepared by an agent for
the signature of a practitioner. However, the prescribing practitioner is
responsible in case the prescription drug order does not conform in all
essential respects to the law and regulations.
(B) Prescription drug orders written by practitioners in
another state.
(i) (No change.)
(ii) Controlled substance prescription drug orders.
(I) A pharmacist may dispense prescription drug
order for controlled substances in Schedule II issued by a practitioner
in another state provided:
(-a-) - (-b-) (No change.)
(-c-) the prescription drug order is not dis-
pensed after the end of the twenty-first [seventh] day after the date on
which the prescription is issued.
(II) A pharmacist may dispense prescription
drug orders for controlled substances in Schedule III, IV, or V issued
by a physician, dentist, veterinarian, or podiatrist in another state
provided:
(-a-) the prescription drug order is a [written-
eral eor telephonically or electronically communicated presripi as
allowed by the IDA] issued by a person practicing in another state
and licensed by another state as a physician, dentist, veterinarian, or
podiatrist, who has a current federal DEA registration number, and who
may legally prescribe Schedule III, IV, or V controlled substances in
such other state;
(-b-) - (-c-) (No change.)
(C) (No change.)
(D) Prescription drug orders carried out or signed by an
advanced practice nurse, physician assistant, or pharmacist.
(i) A pharmacist may dispense a prescription drug
order that [which] is:
(I) - (II) (No change.)
(ii) (No change.)
(E) (No change.)
(3) (No change.)
(4) Electronic prescription drug orders. [Fr the purpose of
this su"bseti pesr ption drug orders shall be considered the same
as verbal pesr option drug orders.]
(A) Dangerous drug prescription orders.
(i An electronic prescription drug order for a dan-
gerous drug may be transmitted by a practitioner or a practitioner's des-
ignated agent:
S[(i)] directly to a pharmacy; or
(II) [(ii)] through the use of a data communica-
tion device provided:
(-a-) [(I)] the confidential prescription infor-
mation is not altered during transmission; and(-b-) [(I)] confidential patient information is
not accessed or maintained by the operator of the data communication
device other than for legal purposes under federal and state law.
(ii) [(B)] A practitioner shall designate in writing
the name of each agent authorized by the practitioner to electronically
transmit prescriptions for the practitioner. The practitioner shall main-
tain at the practitioner's usual place of business a list of the designated
agents. The practitioner shall provide a pharmacist with a copy of the
practitioner's written authorization for a specific agent on the pharma-
cist's request.
(B) [(-)] Controlled substance prescription orders. A
pharmacist may only dispense an electronic prescription drug order for
a Schedule II, III, IV, or V controlled substance in compliance with the
federal and state laws and the rules of the Drug Enforcement Admin-
istration outlined in Part 1300 of the Code of Federal Regulations and
Texas Department of Public Safety.
(C) [(D)] Prescriptions issued by a practitioner licensed
in the Dominion of Canada or the United States. A pharmacist may not
dispense an electronic prescription drug order for a dangerous drug or
controlled substance issued by a practitioner licensed in the Dominion
of Canada or the United Mexican States unless the practitioner is also
licensed in Texas.
(5) Facsimile (faxed) prescription drug orders.
(A) A pharmacist may dispense a prescription drug or-
der for a dangerous drug transmitted to the pharmacy by facsimile.
(B) A pharmacist may dispense a prescription drug or-
der for a controlled substance transmitted to the pharmacy by facsimile
provided the prescription is manually signed by the practitioner and
not electronically signed using a system that electronically replicates
the practitioner's manual signature on the prescription drug order.
(C) A pharmacist may not dispense a facsimile pre-
scription drug order for a dangerous drug or controlled substance
issued by a practitioner licensed in the Dominion of Canada or the
United Mexican States unless the practitioner is also licensed in Texas.
(6) [(5)] Original prescription drug order records.
(A) Original prescriptions may be dispensed only in ac-
cordance with the prescriber's authorization as indicated on the original
prescription drug order including clarifications to the order given to the
pharmacist by the practitioner or the practitioner's agent and recorded
on the prescription.
(B) Original prescriptions shall be maintained by the
pharmacy in numerical order and remain legible for a period of two
years from the date of filling or the date of the last refill dispensed.
(C) If an original prescription drug order is changed,
such prescription order shall be invalid and of no further force and ef-
fect; if additional drugs are to be dispensed, a new prescription drug
order with a new and separate number is required. However, an orig-
inal prescription drug order for a dangerous drug may be changed in
accordance with paragraph (10) [(9)] of this subsection relating to ac-
celerated refills.
(D) Original prescriptions shall be maintained in three
separate files as follows:
(i) prescriptions for controlled substances listed in
Schedule II;
(ii) prescriptions for controlled substances listed in
Schedules III-V; and38 TexReg 4138 June 28, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 26, Pages 4053-4242, June 28, 2013, periodical, June 28, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth313178/m1/86/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.