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(a)The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1)Compounding- The preparation, mixing, assembling, packaging, and labeling of a drug or device. (2)Statement of Medical Necessity- A written statement or documentation from the prescribing doctor to establish the medical necessity of a treatment or service, device, or prescription, including the medical necessity for a brand name drug, where applicable. (3)Nonprescription drug or over the counter medication- A non-narcotic drug or delivery device that may be sold without a prescription and that is labeled and packaged in compliance with state or federal law. (4)Open formulary- Includes all available Food and Drug Administration (FDA) approved prescription and nonprescription drugs, but does not include drugs that lack FDA approval, or non-drug items such as nutritional supplements. (5)Prescribing doctor- a doctor who prescribes prescription drugs or over the counter medications in accordance with the doctor's license and state and federal laws and rules. (6)Prescription- An order from a doctor to a pharmacist for a prescription drug, medical delivery device, or nonprescription drug to be dispensed. (7)Prescription drug- (A)A substance for which federal or state law requires a prescription before the substance may be legally dispensed to the public; (B)A drug or device that under federal law is required, before being dispensed or delivered, to be labeled with the statement, "Caution: federal law prohibits dispensing without prescription"; or, (C)A drug or device that is required by federal or state statute or regulation to be dispensed on prescription or that is restricted to use by a prescribing doctor only. (b)This rule applies to all prescriptions that are prescribed on or after March 1, 2002.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on August 20, 2001
TRD-200104908 Susan Cory
General Counsel
Texas Workers' Compensation Commission
Earliest possible date of adoption: September 30, 2001
For further information, please call: (512) 804-4287
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