TITLE 22. EXAMINING BOARDS
PART 15. TEXAS STATE BOARD OF PHARMACY
CHAPTER 291. PHARMACIES
SUBCHAPTER
A.
The Texas State Board of Pharmacy proposes amendments to §291.9, concerning Prescription Pick Up Locations. The amendments, if adopted, clarify that a dangerous drug may be delivered to the office of a prescriber if the drug is picked up by or administered to the patient in the prescriber's office.
Daniel Carroll, Pharm.D., Executive Director/Secretary, has determined that, for the first five-year period the rules are in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. Dr. Carroll has determined that, for each year of the first five-year period the rule will be in effect, the public benefit anticipated as a result of enforcing the amendments will be clearer regulatory language that more accurately reflects the Board's requirements for delivery of dangerous drugs to a prescriber's office. There is no anticipated adverse economic impact on large, small or micro-businesses (pharmacies), rural communities, or local or state employment. Therefore, an economic impact statement and regulatory flexibility analysis are not required.
For each year of the first five years the proposed amendments will be in effect, Dr. Carroll has determined the following:
(1) The proposed amendments do not create or eliminate a government program;
(2) Implementation of the proposed amendments does not require the creation of new employee positions or the elimination of existing employee positions;
(3) Implementation of the proposed amendments does not require an increase or decrease in the future legislative appropriations to the agency;
(4) The proposed amendments do not require an increase or decrease in fees paid to the agency;
(5) The proposed amendments do not create a new regulation;
(6) The proposed amendments do expand an existing regulation by limiting when a pharmacy may deliver a dangerous drug to a prescriber's office;
(7) The proposed amendments do not increase or decrease the number of individuals subject to the rule's applicability; and
(8) The proposed amendments do not positively or adversely affect this state's economy.
The Board is requesting public comments on the proposed amendments and information related to the cost, benefit, or effect of the proposed amendments, including any applicable data, research, or analysis. Any information that is submitted in response to this request must include an explanation of how and why the submitted information is specific to the proposed amendments.
Written comments on the amendments may be submitted to Eamon D. Briggs, Deputy General Counsel, Texas State Board of Pharmacy, 1801 Congress Avenue, Suite 13.100, Austin, Texas, 78701-1319, FAX (512) 305-8061. The deadline for comments is 30 days after publication in the Texas Register.
The amendments are proposed under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
§291.9.
(a) No person, firm, or business establishment may have, participate in, or permit an arrangement, branch, connection or affiliation whereby prescriptions are solicited, collected, picked up, or advertised to be picked up, from or at any location other than a pharmacy which is licensed and in good standing with the board.
(b) A pharmacist or pharmacy by means of its employee or by use of a common or contract carrier, at the request of the patient, may:
(1) pick up prescription orders at the:
(A) office or home of the prescriber;
(B) residence or place of employment of the person for whom the prescription was issued; or
(C) hospital or medical care facility in which the patient is receiving treatment; and
(2) deliver prescription drugs to the:
(A) office of the prescriber if the prescription is:
(i) for a dangerous drug that is for pick up by or administration to the patient in the prescriber's office; or
(ii) for a single dose of a controlled substance that is for administration to the patient in the prescriber's office;
(B) residence of the person for whom the prescription was issued;
(C) place of employment of the person for whom the prescription was issued, if the person is present to accept delivery; or
(D) hospital or medical care facility in which the patient is receiving treatment.
(c) A pharmacist or pharmacy by use of unmanned aircraft systems (i.e., "drones"), at the request of a patient or patient's agent, may deliver prescription drugs, excluding controlled substances or sterile compounded preparations, to a selected delivery location mutually agreed upon by the patient and the pharmacist using the pharmacist's professional judgment.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on September 1, 2026.
TRD-202603792
Daniel Carroll, Pharm.D.
Executive Director
Texas State Board of Pharmacy
Earliest possible date of adoption: October 18, 2026
For further information, please call: (512) 305-8084