|(a) Payment for pharmaceuticals can be made only when
these pharmaceuticals are prescribed by a practitioner that is either:
(1) licensed to prescribe legend drugs and enrolled
as a Texas Medicaid provider; or
(2) a physician resident participating in a postgraduate
training program and under the supervision of a teaching physician
who is enrolled as a Texas Medicaid provider.
(b) The pharmacist must ensure that the original prescription
conforms to the Texas State Board of Pharmacy rules concerning the
records to be maintained by a pharmacy. A signed prescription must
be maintained in the dispenser's file and available for audit at any
reasonable time. Telephone orders, where legal, must be documented
in writing. The name of the prescriber and the signature of the dispensing
pharmacist must be documented. If a pharmacy maintains prescription
records in a data processing system, a hard copy of the prescription
must be retained on file unless the daily log includes all the information
required in §354.1901 of this title (relating to Pharmacy Claims).
The provider must conform to all regulations issued by the Drug Enforcement
Administration and Texas State Board of Pharmacy concerning the recording
of prescriptions in a data processing system.
(c) Pharmaceuticals dispensed in disasters under §354.1868
of this subchapter (relating to Exceptions in Disasters) are not subject
to the requirements in subsection (b) of this section.
(d) Prescriptions for covered pharmaceuticals submitted
to a pharmacy in written form are eligible for payment only if the
prescription is executed on tamper-resistant prescription paper, as
required by §1903(i)(23) of the Social Security Act (42 U.S.C.
(e) The dispensing pharmacist must date the prescription
and initial the refills.
(f) A teaching physician as described in subsection
(a) of this section is not required to co-sign orders written by a
resident, provided the Medicaid recipient's medical record clearly
documents the teaching physician's identifiable supervision of the
|Source Note: The provisions of this §354.1863 adopted to be effective November 16, 1987, 12 TexReg 3553; amended to be effective July 1, 1993, 18 TexReg 1584; transferred effective September 1, 1993, as published in the Texas Register September 7, 1993, 18 TexReg 5978; transferred effective September 1, 2001, as published in the Texas Register May 24, 2002, 27 TexReg 4562; amended to be effective June 19, 2003, 28 TexReg 4541; amended to be effective September 23, 2008, 33 TexReg 7993; amended to be effective May 15, 2016, 41 TexReg 3291; amended to be effective January 15, 2018, 42 TexReg 7576