Every pharmacist who practices pharmacy other than in a licensed pharmacy shall provide notification to consumers of the name, mailing address, and telephone number of the board for the purpose of directing complaints concerning the practice of pharmacy to the board. Such notification shall be provided as follows.

1. (1) If the pharmacist maintains an office and provides pharmacy services to patients who come to the office, the pharmacist shall either:

   1. (A) post in a prominent place that is in clear public view where pharmacy services are provided a sign furnished by the Texas State Board of Pharmacy which notifies the consumer that complaints concerning the practice of pharmacy may be filed with the board and list the mailing address, and telephone number of the board, and if applicable a toll-free telephone number for filing complaints; or
   2. (B) provide to the patient each time pharmacy services are provided a written notification in type size no smaller than ten-point Times Roman which states the following: "Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, telephone number of the board, and if applicable a toll-free telephone number for filing complaints)."

2. (2) If the pharmacist provides pharmacy services to patients not at the pharmacist's office, the pharmacist shall provide to the patient each time pharmacy services are provided, a written notification in type size no smaller than ten-point Times Roman which states the following: "Complaints concerning the practice of pharmacy may be filed with the Texas State Board of Pharmacy at: (list the mailing address, telephone number of the board, and if applicable a toll-free telephone number for filing complaints)." Such notification shall be included:

   1. (A) in each written contract for pharmacist services; or
   2. (B) on each bill for service provided by the pharmacist.
3. (3) The provisions of this section do not apply to prescriptions for patients in facilities where drugs are administered to patients by a person required to do so by the laws of the state (i.e., nursing homes).

Source Note:The provisions of this §295.11 adopted to be effective April 1, 1994, 19 TexReg 1829.