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:
    (A) to the correct patient (or agent of the patient) for whom the drug or device was prescribed;
    (B) with the correct drug in the correct strength, quantity, and dosage form ordered by the practitioner; and
    (C) with correct labeling (including directions for use) as ordered by the practitioner. Provided, however, that nothing herein shall prohibit pharmacist substitution if substitution is conducted in strict accordance with applicable laws and rules, including Subchapter A of Chapter 562 of the Texas Pharmacy Act relating to Prescription and Substitution Requirements.
  (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:
    (A) dispense a prescription drug or device under a prescription drug order and to deliver the drug or device to a patient, including a patient in this state, by the United States mail, common carrier, or delivery service;
    (B) process a prescription drug order for a patient, including a patient in this state; or
    (C) perform another pharmaceutical service defined by board rule.
  (5) Confidential Record--Any health related record, including a patient medication record, prescription drug order, or medication order that:
    (A) contains information that identifies an individual; and
    (B) is maintained by a pharmacy or pharmacist.
  (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:
    (A) has not been dispensed to the patient in the same strength and dosage form by this pharmacy within the last year;
    (B) is transferred from another pharmacy; and/or
    (C) is a discharge prescription drug order. (Note: furlough prescription drug orders are not considered new prescription drug orders.)
  (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--
    (A) a person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, or veterinarian but excluding a person licensed under the Act;
    (B) a person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug; or
    (C) a person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state.
  (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