The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Act--The Texas Pharmacy Act, Chapters 551-566, Occupations Code, as amended.
(2) Accurately as prescribed--Dispensing, delivering, and/or distributing a prescription drug order:
(3) Board--The Texas State Board of Pharmacy.
(4) Class E pharmacy license or non-resident pharmacy license--a license issued to a pharmacy located in another state whose primary business is to:
(5) Confidential Record--Any health related record, including a patient medication record, prescription drug order, or medication order that:
(6) Deliver or delivery--The actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration.
(7) Dispense--Preparing, packaging, compounding, or labeling, in the course of professional practice, a prescription drug or device for delivery to an ultimate user or the user's agent under a practitioner's lawful order.
(8) Distribute--To deliver a prescription drug or device other than by administering or dispensing.
(9) Generically equivalent--A drug that is "pharmaceutically equivalent" and "therapeutically equivalent" to the drug prescribed.
(10) New prescription drug order--A prescription drug order that:
(11) Pharmaceutically equivalent--Drug products which have identical amounts of the same active chemical ingredients in the same dosage form and which meet the identical compendial or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or other nationally recognized compendium.
(12) Pharmacist--For the purpose of this subchapter, a person licensed to practice pharmacy in the state where the Class E pharmacy is located.
(13) Pharmacist-in-charge--The pharmacist designated on a pharmacy license as the pharmacist who has the authority or responsibility for a pharmacy's compliance with statutes and rules pertaining to the practice of pharmacy.
(14) Practitioner--
(15) Prescription drug order--an order from a practitioner or a practitioner's designated agent to a pharmacist for a drug or device to be dispensed.
(16) Therapeutically equivalent--Pharmaceutically equivalent drug products which, when administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.
Source Note: The provisions of this §291.102 adopted to be effective September 1, 2000, 25 TexReg 2617; amended to be effective December 10, 2020, 45 TexReg 8864