SECTION 174.2. Definitions

The following words and terms, when used in this chapter shall have the following meanings unless the context indicates otherwise.

(1) Prescription--Any medication(s) that require a prescription issued to the ultimate user as the result of a telemedicine medical service, by:

(A) a Texas licensed physician, and if the prescription is for a controlled substance, the physician must have a current valid DEA registration number; or

(B) issued by a Texas licensed practitioner, acting under the delegated authority of a Texas licensed physician, and in accordance with the required prescriptive authority agreement or other permissible forms of delegation as set out by Chapter 157 of the Medical Practice Act, and, if the prescription is for a controlled substance, the licensed practitioner must have a current, valid DEA registration. In addition, if the prescription is for a controlled substance listed in schedule II, the licensed practitioners may only use the official prescription forms issued with their name, address, phone number, and DEA numbers, and the delegating physician's name and DEA number.

(C) The use of electronic prescriptions (e-scripts) is allowed as permitted by state and federal law.

(2) Store and forward technology--is defined in §111.001(2) of the Texas Occupations Code.

(3) Telehealth services--is defined in §111.001(3) of the Texas Occupations Code.

(4) Telemedicine medical services--is defined in §111.001(4) of the Texas Occupations Code.

(5) Ultimate user--is the same definition used in the Texas Pharmacy Act.

Source Note: The provisions of this §174.2 adopted to be effective July 4, 2004, 29 TexReg 6088; amended to be effective June 29, 2006, 31 TexReg 5104; amended to be effective October 17, 2010, 35 TexReg 9085; amended to be effective June 4, 2015, 40 TexReg 3148; amended to be effective November 26, 2017, 42 TexReg 6512