Tex. Occ. Code § 562.015 · Subchapter A. PRESCRIPTION AND SUBSTITUTION REQUIREMENTS
DISPENSING DIRECTIVE; COMPLIANCE WITH FEDERAL LAW.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The board shall adopt rules to provide a dispensing directive to instruct pharmacists on the manner in which to dispense a drug or biological product according to the contents of a prescription. The rules adopted under this section must:
(1) require the use of the phrase "brand necessary" or "brand medically necessary" on a prescription form to prohibit the substitution of a generically equivalent drug or interchangeable biological product for a brand name drug or biological product;
(2) be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and its subsequent amendments;
(3) comply with federal and state law, including rules, with regard to formatting and security requirements;
(4) be developed to coordinate with 42 C.F.R. Section 447.512; and
(5) include an exemption for electronic prescriptions as provided by Subsection (b).
(b) The board shall provide an exemption from the directive adopted under this section for prescriptions transmitted electronically. The board may regulate the use of electronic prescriptions in the manner provided by federal law, including rules.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1254, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 13, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.562.htm
- Text hash
- sha256 b732a28219d520a8cf132521aec4fd1556d39e31f98f2adc9038c1d5a5f8d11b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Occ. Code § 562.015. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.