Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 9 - TEXAS MEDICAL BOARD
Chapter 169 - AUTHORITY OF PHYSICIANS TO SUPPLY DRUGS
Section 169.7 - Record Keeping
Universal Citation: 22 TX Admin Code ยง 169.7
Current through Reg. 49, No. 38; September 20, 2024
(a) The following provisions relate to dangerous drugs.
(1) A
licensee shall be presumed to have complied with record keeping requirements
for dangerous drugs (the Texas Health and Safety Code, Chapter 483) received as
pharmaceutical samples if:
(A) the licensee
maintains a copy of each signed request form for samples required by the
Prescription Drug Marketing Act of 1987, Public Law Number 100-293, 102 Statute
95 (21 United States Code
503(D) for a period of two
years from the date of acquisition; and
(B) the licensee makes appropriate entries in
patients' medical records when a pharmaceutical sample is supplied to a
patient.
(2) A licensee
shall be presumed to have complied with record keeping requirements for
dangerous drugs (the Texas Health and Safety Code, Chapter 483) received or
acquired other than as a pharmaceutical sample if:
(A) the licensee maintains all invoices for
purchases, receiving orders, or other documentation of receipt or acquisition
for a period of two years from the date of receipt or acquisition;
and
(B) the licensee makes
appropriate entries in patients' medical records when a dangerous drug is
provided, administered, or supplied to a patient.
(b) The following provisions relate to controlled substances.
(1) A
licensee shall be presumed to have complied with record keeping requirements
for controlled substances (the Texas Health and Safety Code, Chapter 481)
received as pharmaceutical samples if:
(A) the
licensee maintains a copy of each signed request form for samples required by
the Prescription Drug Marketing Act of 1987, Public Law Number 100-293, 102
Statute 95 (21 United States
Code 503(D) for a period of
two years from the date of acquisition; and
(B) the licensee maintains records of
pharmaceutical samples as required by the Texas Department of Public Safety
under 37 TAC §§13.201- 13.209 (Controlled Substances - Record
Keeping).
(2) A licensee
shall be presumed to have complied with the record keeping requirements for
controlled substances (the Texas Health and Safety Code, Chapter 481) received
or acquired other than as a pharmaceutical sample if the licensee maintains
records of such controlled substances as required by 37 TAC §§13.201-
13.209, controlled substance regulations.
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