Tex. Occ. Code Section 562.015
Dispensing Directive; Compliance with Federal Law

(a)

The board shall adopt rules to provide a dispensing directive to instruct pharmacists on the manner in which to dispense a drug or biological product according to the contents of a prescription. The rules adopted under this section must:

(1)

require the use of the phrase “brand necessary” or “brand medically necessary” on a prescription form to prohibit the substitution of a generically equivalent drug or interchangeable biological product for a brand name drug or biological product;

(2)

be in a format that protects confidentiality as required by the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and its subsequent amendments;

(3)

comply with federal and state law, including rules, with regard to formatting and security requirements;

(4)

be developed to coordinate with 42 C.F.R. Section 447.512; and

(5)

include an exemption for electronic prescriptions as provided by Subsection (b).

(b)

The board shall provide an exemption from the directive adopted under this section for prescriptions transmitted electronically. The board may regulate the use of electronic prescriptions in the manner provided by federal law, including rules.
Added by Acts 2001, 77th Leg., ch. 1254, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1007 (H.B. 751), Sec. 13, eff. September 1, 2015.

Source: Section 562.015 — Dispensing Directive; Compliance with Federal Law, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­562.­htm#562.­015 (accessed May 26, 2025).

562.001
Definitions 562.002
Legislative Intent 562.003
Disclosure of Price 562.004
Prescription Transmitted Orally by Practitioner 562.005
Record of Dispensed Drug or Biological Product 562.006
Label 562.007
Refills 562.008
Generic Equivalent or Interchangeable Biological Product Authorized 562.009
Requirements Concerning Selection of Generically Equivalent Drug or Interchangeable Biological Product 562.010
Responsibility Concerning Generically Equivalent Drug or Interchangeable Biological Product 562.011
Restriction on Selection of and Charging for Generically Equivalent Drug or Interchangeable Biological Product 562.012
Substitution of Dosage Form Permitted 562.013
Applicability of Subchapter 562.014
Narrow Therapeutic Index Drugs 562.015
Dispensing Directive 562.016
List of Approved Interchangeable Biological Products 562.0051
Communication Regarding Certain Dispensed Biological Products 562.052
Release of Confidential Records 562.053
Reports to Board 562.054
Emergency Refills 562.055
Report to Texas Department of Health 562.056
Practitioner-patient Relationship Required 562.057
Administration of Epinephrine 562.0061
Other Prescription Information 562.0062
Required Statement Regarding Medication Disposal 562.101
Supervision of Pharmacy 562.102
Confidential Record 562.103
Display of Licenses by Pharmacy 562.104
Toll-free Telephone Number Required 562.105
Maintenance of Records 562.106
Notification 562.107
Written Consumer Information Required 562.108
Emergency Medication Kits 562.109
Automated Pharmacy Systems 562.110
Telepharmacy Systems 562.112
Practitioner-patient Relationship Required 562.0141
Transplant Immunosuppressant Drug Product Selection Prohibited 562.0142
Adoption of Rules 562.151
Definitions 562.152
Compounding for Office Use 562.153
Requirements for Office Use Compounding 562.154
Distribution of Compounded and Prepackaged Products to Certain Pharmacies 562.155
Compounding Service and Compounded Drug Products 562.156
Compounded Sterile Preparation 562.0541
Emergency Refills of Insulin and Insulin-related Equipment or Supplies 562.1011
Operation of Class C Pharmacy in Certain Rural Hospitals 562.1045
Linking Internet Sites 562.1085
Unused Drugs Returned by Certain Pharmacists 562.1086
Limitation on Liability
Green check means up to date. Up to date

Verified:
May 26, 2025

§ 562.015. Dispensing Directive; Compliance with Fed. Law's source at texas​.gov