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The following words and terms, when used in this chapter shall
have the following meanings unless the context indicates otherwise.
(1)Prescription--Any medication(s) that require a
prescription issued to the ultimate user as the result of a telemedicine
medical service, by:
(A)a Texas licensed physician, and if the prescription
is for a controlled substance, the physician must have a current valid
DEA registration number; or
(B)issued by a Texas licensed practitioner, acting
under the delegated authority of a Texas licensed physician, and in
accordance with the required prescriptive authority agreement or other
permissible forms of delegation as set out by Chapter 157 of the Medical
Practice Act, and, if the prescription is for a controlled substance,
the licensed practitioner must have a current, valid DEA registration.
In addition, if the prescription is for a controlled substance listed
in schedule II, the licensed practitioners may only use the official
prescription forms issued with their name, address, phone number,
and DEA numbers, and the delegating physician's name and DEA number.
(C)The use of electronic prescriptions (e-scripts)
is allowed as permitted by state and federal law.
(2)Store and forward technology--is defined in §111.001(2)
of the Texas Occupations Code.
(3)Telehealth services--is defined in §111.001(3)
of the Texas Occupations Code.
(4)Telemedicine medical services--is defined in §111.001(4)
of the Texas Occupations Code.
(5)Ultimate user--is the same definition used in the
Texas Pharmacy Act.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the
agency's legal
authority.
Filed with the Office
of the Secretary of State on November 6, 2017
TRD-201704480 Scott Freshour
Interim Executive Director
Texas Medical Board
Effective date: November 26, 2017
Proposal publication date: September 15, 2017
For further information, please call: (512) 305-7016
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