SECTION 315.7. Pharmacy Responsibility - Oral, Telephonic, or Emergency Prescription - Effective September 1, 2016

(a) If a pharmacy dispenses a controlled substance pursuant to an orally or telephonically communicated prescription from a practitioner or the practitioner's designated agent, the prescription must be promptly reduced to writing, including the information required:

(1) by law for a standard prescription; and

(2) by law and this subchapter for an official prescription, if issued for a Schedule II controlled substance in an emergency situation.

(b) After dispensing a Schedule II controlled substance pursuant to an orally or telephonically communicated prescription, the dispensing pharmacy must:

(1) maintain the written record created under subsection (a) of this section;

(2) note the emergency nature of the prescription;

(3) upon receipt from the practitioner, attach the original official prescription to the orally or telephonically communicated prescription; and

(4) retain both documents in the pharmacy records.

(c) A pharmacy that dispenses Schedule III, IV, or V controlled substances pursuant to an orally or telephonically communicated prescription must inform the prescribing practitioner in the event of an emergency refill of the prescription.

(d) All records generated under this section must be maintained for two years from the date the substance was dispensed.

Source Note: The provisions of this §315.7 adopted to be effective March 10, 2016, 41 TexReg 1690