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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 combining of a drug with one or more drugs or substances (other than water) as a result of a prescription. (2)Statement of Medical Necessity--A written statement and supporting documentation from the prescribing doctor to establish the need for treatments or services, or prescriptions, including the need for a brand name drug where applicable. A statement of medical necessity includes the employee's full name, date of injury, social security number or TWCC claim number, and how the services, or prescriptions treat the diagnosis, promote recovery, or enhance the ability of the employee to return to or retain employment. (3)Nonprescription drug or over-the-counter medication--A non-narcotic drug 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. (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 for a prescription 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 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 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)Section 134, Subchapter F applies to all prescriptions that are prescribed or filled on or after March 1, 2002. For prescriptions filled before March 1, 2002 §134.201 of this title (relating to Medical Fee Guideline for Medical Treatments and Services Provided under the Texas Workers' Compensation Act) shall be applicable.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on December 14, 2001
TRD-200107938 Susan
Cory
General Counsel
Texas Workers' Compensation Commission
Effective date: January 3, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 804-4287
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