SECTION 291.101. Purpose

(a) The purpose of these rules is to provide standards for the operation of non-resident pharmacies (Class E) which:

(1) dispense a prescription drug or device under a prescription drug order and deliver the drug or device to a patient in this state, by the United States mail, a common carrier, or a delivery service;

(2) process a prescription drug order for a patient, including a patient in this state; or

(3) perform another pharmaceutical service defined by board rule.

(b) These rules are in accordance with §554.051(a) and (b) of the Act which permit the board to make rules concerning the operation of licensed pharmacies in this state applicable to pharmacies licensed by the board that are located in another state. The board has determined that these rules are necessary to protect the health and welfare of the citizens of this state.

(c) Unless compliance would violate the pharmacy or drug laws or rules in the state in which the pharmacy is located, Class E Pharmacies are required to comply with the provisions of §§291.101 - 291.105 of this chapter (relating to Purpose, Definitions, Personnel, Operational Standards, and Records).

Source Note: The provisions of this §291.101 adopted to be effective September 1, 2000, 25 TexReg 2617; amended to be effective December 10, 2020, 45 TexReg 8864