Texas Regulations
Board of Pharmacy
Vol. 46, Issue 23, Texas Register 2021-06-04
PUBLICATION DATE: 06/04/2021
ACTION DATE: 05/20/2021
EFFECTIVE DATE: 06/09/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202102037
REGISTER SOURCE: Vol. 46, Issue 23, Texas Register 2021-06-04 pp.3521-3522
PUBLICATION DATE: 06/04/2021
ACTION DATE: 05/20/2021
EFFECTIVE DATE: 06/09/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202102037
REGISTER SOURCE: Vol. 46, Issue 14, Texas Register 2021-04-02 pp.2169-2170
PUBLICATION DATE: 04/02/2021
ACTION DATE: 03/15/2021
COMMENT DEADLINE: 05/04/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 202101093

315. CONTROLLED SUBSTANCES

22 TAC §315.5

The Texas State Board of Pharmacy adopts amendments to §315.5, concerning Pharmacy Responsibility - Generally - Effective September 1, 2016. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2169). The rule will not be republished.

The amendments remove the effective date from the short title and extend the time period for Schedule II controlled substance prescriptions to be valid to no longer than 30 days to be consistent with federal law.

No comments were received.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 20, 2021.

TRD-202102037

Allison Vordenbaumen Benz, R.Ph., M.S.

Executive Director

Texas State Board of Pharmacy

Effective date: June 9, 2021

Proposal publication date: April 2, 2021

For further information, please call: (512) 305-8010

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

315.5. Pharmacy Responsibility - Generally - Effective September 1, 2016.

(a) Upon receipt of a properly completed prescription form, a dispensing pharmacist must:

(1) if the prescription is for a Schedule II controlled substance, ensure the date the prescription is presented is not later than 3021 days after the date of issuance;

(2) if multiple prescriptions are issued by the prescribing practitioner allowing up to a 90-day supply of Schedule II controlled substances, ensure each prescription is neither dispensed prior to the earliest date intended by the practitioner nor dispensed beyond 3021 days from the earliest date the prescription may be dispensed;

(3) record the date dispensed and the pharmacy prescription number;

(4) indicate whether the pharmacy dispensed to the patient a quantity less than the quantity prescribed; and

(5) if issued on an official prescription form, record the following information, if different from the prescribing practitioner's information:

(A) the brand name or, if none, the generic name of the controlled substance dispensed; or

(B) the strength, quantity, and dosage form of the Schedule II controlled substance used to prepare the mixture or compound.

(b) The prescription presented for dispensing is void, and a new prescription is required, if:

(1) the prescription is for a Schedule II controlled substance, 3021 days after issuance, or 30 21 days after any earliest dispense date; or

(2) the prescription is for a Schedule III, IV, or V controlled substance, more than six months after issuance or has been dispensed five times during the six months after issuance.