Texas Administrative Code

Texas Administrative Code

TITLE 22	EXAMINING BOARDS
PART 15	TEXAS STATE BOARD OF PHARMACY
CHAPTER 291	PHARMACIES
SUBCHAPTER A	ALL CLASSES OF PHARMACIES
RULE §291.29	Professional Responsibility of Pharmacists

(14) the pharmacy charges and persons are willing to pay significantly more for controlled substances relative to nearby pharmacies;

(15) the pharmacy routinely orders controlled substances from more than one drug supplier;

(16) the pharmacy has been discontinued by a drug supplier related to controlled substance orders;

(17) the pharmacy has a sporadic and inconsistent dispensing volume (including zero dispensing);

(18) the pharmacy does not maintain normal operational hours each week from Monday through Friday; and

(19) the pharmacy has been previously warned or disciplined by the Texas State Board of Pharmacy for inappropriate dispensing of controlled substances.

(g) Prescriptions issued as a result of telemedicine medical services or teledentistry dental services.

(1) The validity of a prescription issued as a result of telemedicine medical services or teledentistry dental services is determined by the same standards that would apply to the issuance of the prescription in an in-person setting.

(2) A valid prescription issued as a result of telemedicine medical services or teledentistry dental services must:

(A) be issued for a legitimate medical purpose by a practitioner as part of a practitioner-patient relationship as set out in Texas Occupations Code §111.005; and

(B) meet all other applicable laws before prescribing, dispensing, delivering, or administering a dangerous drug or controlled substance.

Source Note: The provisions of this §291.29 adopted to be effective May 30, 2010, 35 TexReg 4164; amended to be effective September 12, 2011, 36 TexReg 5846; amended to be effective September 16, 2018, 43 TexReg 5779; amended to be effective March 15, 2022, 47 TexReg 1277