22 Tex. Admin. Code § 309.4 - Patient Notification
(a) Substitution
notification. Before delivery of a prescription for a generically equivalent
drug or interchangeable biological product as authorized by Chapter 562,
Subchapter A of the Act, a pharmacist must:
(1) personally, or through his or her agent
or employee inform the patient or the patient's agent that a less expensive
generically equivalent drug or interchangeable biological product is available
for the brand prescribed; and ask the patient or the patient's agent to choose
between the generically equivalent drug or interchangeable biological product
and the brand prescribed.
(2) A
pharmacist shall offer the patient or the patient's agent the option of paying
for a prescription drug at a lower price instead of paying the amount of the
copayment under the patient's prescription drug insurance plan if the price of
the prescribed drug is lower than the amount of the patient's
copayment.
(b)
Exceptions. A pharmacy is not required to comply with the provisions of
subsection (a) of this section:
(1) in the
case of the refill of a prescription for which the pharmacy previously complied
with subsection (a) of this section with regard to the same patient or
patient's agent; or
(2) if the
patient's physician or physician's agent advises the pharmacy that:
(A) the physician has informed the patient or
the patient's agent that a less expensive generically equivalent drug or
interchangeable biological product is available for the brand prescribed;
and
(B) the patient or the
patient's agent has chosen either the brand prescribed or the less expensive
generically equivalent drug or interchangeable biological product.
(c) Notification by
pharmacies delivering prescriptions by mail.
(1) A pharmacy that supplies a prescription
by mail is considered to have complied with the provision of subsection (a) of
this section if the pharmacy includes on the prescription order form completed
by the patient or the patient's agent language that clearly and conspicuously:
(A) states that if a less expensive
generically equivalent drug or interchangeable biological product is available
for the brand prescribed, the patient or the patient's agent may choose between
the generically equivalent drug or interchangeable biological product and the
brand prescribed; and
(B) allows
the patient or the patient's agent to indicate the choice of the generically
equivalent drug or interchangeable biological product or the brand
prescribed.
(2) If the
patient or patient's agent fails to indicate otherwise to a pharmacy on the
prescription order form under paragraph (1) of this subsection, the pharmacy
may dispense a generically equivalent drug or interchangeable biological
product.
(d) Inpatient
notification exemption. Institutional pharmacies shall be exempt from the
labeling provisions and patient notification requirements of §562.006 and
§562.009 of the Act, as respects drugs distributed pursuant to medication
orders.
Notes
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