The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Any term not defined in this section shall have the definition set out in the Act, §551.003 and Chapter 562.

1. (1) Act--The Texas Pharmacy Act, Occupations Code, Subtitle J, as amended.
2. (2) Data communication device--An electronic device that receives electronic information from one source and transmits or routes it to another (e.g., bridge, router, switch, or gateway).
3. (3) Electronic prescription drug order--A prescription drug order which is transmitted by an electronic device to the receiver (pharmacy). Electronic prescription drug order includes computer to computer transmission, but does not include facsimile prescription drug orders.
4. (4) Facsimile prescription drug order--A prescription drug order which is transmitted by an electronic device which sends an exact image to the receiver (pharmacy).
5. (5) Generically equivalent--A drug that is pharmaceutically equivalent and therapeutically equivalent to the drug prescribed.
6. (6) Pharmaceutically equivalent--Drug products that have identical amounts of the same active chemical ingredients in the same dosage form and that meet the identical compendial or other applicable standards of strength, quality, and purity according to the United States Pharmacopoeia or another nationally recognized compendium.
7. (7) Therapeutically equivalent--Pharmaceutically equivalent drug products that, if administered in the same amounts, will provide the same therapeutic effect, identical in duration and intensity.

8. (8) Original prescription--The:

   1. (A) original written prescription drug orders; or
   2. (B) original verbal or electronic prescription drug orders reduced to writing either manually or electronically by the pharmacist.

9. (9) Practitioner--

   1. (A) A person licensed or registered to prescribe, distribute, administer, or dispense a prescription drug or device in the course of professional practice in this state, including a physician, dentist, podiatrist, therapeutic optometrist, or veterinarian but excluding a person licensed under this subtitle;
   2. (B) A person licensed by another state, Canada, or the United Mexican States in a health field in which, under the law of this state, a license holder in this state may legally prescribe a dangerous drug;
   3. (C) A person practicing in another state and licensed by another state as a physician, dentist, veterinarian, or podiatrist, who has a current federal Drug Enforcement Administration registration number and who may legally prescribe a Schedule II, III, IV, or V controlled substance, as specified under Chapter 481, Health and Safety Code, in that other state; or
   4. (D) An advanced practice nurse or physician assistant to whom a physician has delegated the authority to carry out or sign prescription drug orders under §§157.052, 157.053, 157.054, 157.0541, or 157.0542, Occupations Code.

Source Note:The provisions of this §309.2 adopted to be effective June 1, 2002, 27 TexReg 1782.