Sec. 562.202. LIMITATIONS ON PRACTICE  


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  • A Canadian pharmacy designated by the board under Section 554.016 to dispense prescription drugs to residents in this state may not:

    (1) dispense to a resident of this state a prescription drug for which there is not an equivalent drug approved by the United States Food and Drug Administration for sale in the United States;

    (2) dispense to a resident of this state a prescription drug that cannot be safely shipped by mail, common carrier, or delivery service;

    (3) dispense in one order to a resident of this state a quantity of a prescription drug that exceeds:

    (A) a three-month supply; or

    (B) the amount ordered by the practitioner;

    (4) fill a prescription drug order for a consumer who is a resident of this state that the consumer indicates is the consumer's first prescription for that drug; or

    (5) dispense to a resident of this state any of the following:

    (A) a substance designated as a controlled substance under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);

    (B) a biological product, as described by Section 351, Public Health Service Act (42 U.S.C. Section 262);

    (C) an infused drug, including a peritoneal dialysis solution;

    (D) an intravenously injected drug; or

    (E) a drug that is inhaled during surgery.

Added by Acts 2005, 79th Leg., Ch. 1345 , Sec. 43, eff. September 1, 2005.