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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle J. PHARMACY AND PHARMACISTS |
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Chapter 562. PRACTICE BY LICENSE HOLDER |
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Subchapter A. PRESCRIPTION AND SUBSTITUTION REQUIREMENTS |
Sec. 562.009. REQUIREMENTS CONCERNING SELECTION OF GENERICALLY EQUIVALENT DRUG
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(a) Before delivery of a prescription for a generically equivalent drug, a pharmacist must personally, or through the pharmacist's agent or employee:
(1) inform the patient or the patient's agent that a less expensive generically equivalent drug is available for the brand prescribed; and
(2) ask the patient or the patient's agent to choose between the generically equivalent drug and the brand prescribed.
(a-1) In addition to the requirements of Subsection (a), a pharmacist must display, in a prominent place that is in clear public view where prescription drugs are dispensed, a sign in block letters not less than one inch in height that reads, in both English and Spanish:
"TEXAS LAW REQUIRES A PHARMACIST TO INFORM YOU IF A LESS EXPENSIVE GENERICALLY EQUIVALENT DRUG IS AVAILABLE FOR CERTAIN BRAND NAME DRUGS AND TO ASK YOU TO CHOOSE BETWEEN THE GENERIC AND THE BRAND NAME DRUG. YOU HAVE A RIGHT TO ACCEPT OR REFUSE THE GENERICALLY EQUIVALENT DRUG."
(b) A pharmacy is not required to comply with the provisions of Subsection (a):
(1) in the case of the refill of a prescription for which the pharmacy previously complied with Subsection (a) with respect to the same patient or patient's agent; or
(2) if the patient's physician or physician's agent advises the pharmacy that:
(A) the physician has informed the patient or the patient's agent that a less expensive generically equivalent drug is available for the brand prescribed; and
(B) the patient or the patient's agent has chosen either the brand prescribed or the less expensive generically equivalent drug.
(c) A pharmacy that supplies a prescription by mail is considered to have complied with the provisions of Subsection (a) if the pharmacy includes on the prescription order form completed by the patient or the patient's agent language that clearly and conspicuously:
(1) states that if a less expensive generically equivalent drug is available for the brand prescribed, the patient or the patient's agent may choose between the generically equivalent drug and the brand prescribed; and
(2) allows the patient or the patient's agent to indicate the choice of the generically equivalent drug or the brand prescribed.
(d) If the patient or the patient's agent fails to indicate otherwise to a pharmacy on the prescription order form under Subsection (c), the pharmacy may dispense a generically equivalent drug.
(e) If the prescription is for an immunosuppressant drug, as defined by Section 562.0141(a)(1), the pharmacist must comply with the provisions of Section 562.0141. This subsection expires if Section 562.0141 expires under the requirements of Section 562.0142.