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Ex. AGY-ST-HEALTH-BOARDS-016 Order Primary source read

Emergency Rule, 22 Tex. Admin. Code § 291.30 (Medication Limitations)

22 TAC § 291.30. Medication Limitations (chloroquine and hydroxychloroquine dispensing restricted)

Texas State Board of Pharmacy (emergency board business meeting of Mar. 20, 2020) · Texas State Board of Pharmacy; State level (Sector regulator)

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The record

Jurisdiction
Texas State Board of Pharmacy; State level · Texas
Level
Sector regulator
Authority
Tex. Occ. Code § 554.051; Tex. Gov't Code § 2001.034; Governor's disaster proclamation of Mar. 13, 2020
Issued
2020-03-20 Mar. 20, 2020
Effective
2020-03-20 (adopted on an emergency basis; effective on filing) (read as 2020-03-20)
End
120 days under Tex. Gov't Code § 2001.034 (to about July 18, 2020) with a possible 60-day extension; the Board's May 15, 2020 guidance (Ex. 017) treats the rule as in force; later readoption not verified (read as 2020-07-18)
In force
Mar. 20, 2020 to July 18, 2020
Quarters
2020 Q22020 Q3
Limitation types
Health care ordersSupply chain
Addressees
  • all classes of Texas pharmacies
  • prescribers (diagnosis requirement)
  • patients
Functions reached
  • SC pharmacy supply and dispensing (commerce in two drugs limited: diagnosis, 14-day supply, no refills)
  • PR dispensing workflow (verification of written diagnosis)
  • CB patients and prescribers
Collection
State health licensing boards AGY-ST-HEALTH-BOARDS

Operative words

§291.30. Medication Limitations. No prescription or medication order for chloroquine or hydroxychloroquine may be dispensed or distributed unless all the following apply: (a) the prescription or medication order bears a written diagnosis from the prescriber consistent with the evidence for its use; (b) the prescription or medication order is limited to no more than a fourteen (14) day supply, unless the patient was previously established on the medication prior to the effective date of this rule; and (c) no refills may be permitted unless a new prescription or medication order is furnished.

Enforcement

Tex. Occ. Code § 565.001-.002 (grounds for discipline of pharmacists and pharmacies, including violation of Board rules); § 566.001 (administrative penalties)

Notes

An order limiting commerce in a named drug, adopted by the licensing board in the first week of the disaster;

Retrieval note

Rule text as adopted Mar. 20, 2020 (footer 'March 20, 2020 Page 1'); adoption recorded in the Board's minutes (Ex. 019).