1. (a) When the pharmacist dispenses a generically equivalent drug pursuant to the Act, §40, the following information shall be noted on the original written or hard-copy of the oral prescription drug order:

   1. (1) any substitution instructions communicated orally to the pharmacist by the practitioner or practitioner's agent or a notation that no substitution instructions were given; and

   2. (2) the name and strength of the actual drug product dispensed, the name shall be either.

      1. (A) the brand name and strength; or
      2. (B) the generic name, strength, and name of the manufacturer or distributor of such generic drug. (The name of the manufacturer or distributor may be reduced to an abbreviation or initials, provided the abbreviation or initials are sufficient to identify the manufacturer or distributor. For combination drug products having no brand name, the principal active ingredients shall be indicated on the prescription.
2. (b) If a pharmacist refills a prescription drug order with a generically equivalent product from a different manufacturer or distributor than previously dispensed, the pharmacist shall record on the prescription drug order the information required in subsection (a)(2) of this section for the product dispensed on the refill.
3. (c) If a pharmacy utilizes patient medication records for recording prescription information, the information required in subsection (a)(2) and (b) of this section shall be recorded on the patient medication records.
4. (d) The National Drug Code (NDC) of a drug or any other code may be indicated on the prescription drug order at the discretion of the pharmacist, but such code shall not be used in place of the requirements of subsections (a)(2) and (b) this section.

Source Note:The provisions of this §309.6 adopted to be effective April 23, 1982, 7 TexReg 1479; amended to be effective September 14, 1988, 13 TexReg 4327.