Sec. 1369.558. PROFESSIONAL STANDARDS AND SCOPE OF PRACTICE REQUIREMENTS. A health benefit plan issuer or pharmacy benefit manager may not as a condition of a contract with a pharmacist or pharmacy:
(1) require pharmacist or pharmacy accreditation standards or recertification requirements inconsistent with, more stringent than, or in addition to federal and state requirements; or
(2) prohibit a licensed pharmacist or pharmacy from dispensing any drug that may be dispensed under the pharmacist's or pharmacy's license unless:
(A) applicable state or federal law prohibits the pharmacist or pharmacy from dispensing the drug; or
(B) the manufacturer of the drug requires that a pharmacist or pharmacy possess one or more accreditations or certifications to dispense the drug and the pharmacist or pharmacy does not meet the requirement.
Added by Acts 2021, 87th Leg., R.S., Ch. 142 (H.B. 1763), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Title 8 - Health Insurance and Other Health Coverages
Subtitle E - Benefits Payable Under Health Coverages
Chapter 1369 - Benefits Related to Prescription Drugs and Devices and Related Services
Subchapter L. Contracts With Pharmacists and Pharmacies
Section 1369.552. Applicability of Subchapter
Section 1369.553. Reduction of Certain Claim Payment Amounts Prohibited
Section 1369.554. Reimbursement of Affiliated and Nonaffiliated Pharmacists and Pharmacies
Section 1369.555. Network Contract Fee Schedule
Section 1369.556. Disclosure of Pharmacy Services Administrative Organization Contract
Section 1369.557. Delivery of Drugs
Section 1369.558. Professional Standards and Scope of Practice Requirements