Tex. Occ. Code § 562.056 : OCCUPATIONS CODE — HEALTH PROFESSIONS — PHARMACY AND PHARMACISTS — PRACTICE BY LICENSE HOLDER — OTHER PRACTICE BY PHARMACIST — Practitioner-Patient Relationship Required
(a) Before dispensing a prescription, a pharmacist shall determine, in the exercise of sound professional judgment, that the prescription is a valid prescription. A pharmacist may not dispense a prescription drug if the pharmacist knows or should know that the prescription was issued without a valid practitioner-patient relationship.
(a-1) To be a valid prescription, a prescription must be issued for a legitimate medical purpose by a practitioner acting in the usual course of the practitioner's professional practice. The responsibility for the proper prescribing and dispensing of prescription drugs is on the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription.
(b) This section does not prohibit a pharmacist from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency.
(c) For purposes of this section and Section 562.112, a valid practitioner-patient relationship is present between a practitioner providing telemedicine medical services or teledentistry dental services and the patient receiving the services if the practitioner has complied with the requirements for establishing such a relationship in accordance with Section 111.005.
Tex. Occ. Code § 562.056
Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 811,Sec. 16, eff. 9/1/2021.
Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 205,Sec. 4, eff. 5/27/2017.
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 599,Sec. 9, eff. 9/1/2015.
Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 583,Sec. 13, eff. 6/14/2013.
Added by Acts 2005, 79th Leg., Ch. 1345, Sec. 21, eff. 9/1/2005.