Proposed ruleComment period openTexas

Texas moves to limit deliveries to prescriber offices and adds a telehealth consent record due in 72 hours

A Texas State Board of Pharmacy proposal published September 18, 2026 would allow a dangerous drug to go to a prescriber's office only if the patient picks it up or is administered it there. Separately, new rule 291.13 requires documented patient consent before any pharmacist telehealth service, kept two years and produced on demand.

Source Sep 18, 2026Briefing Sep 22, 2026Reviewed Sep 22, 2026Next review Nov 30, 2026
01What changed

The Board proposes amending 22 TAC 291.9 so that a dangerous drug may be delivered to a prescriber's office only when it is picked up by or administered to the patient there. The Board's own analysis says the change limits when a pharmacy may deliver a dangerous drug to a prescriber's office. Drone delivery of non controlled, non sterile prescriptions is unchanged. Comments are due 30 days after the September 18 publication; the earliest adoption date is October 18, 2026.

New rule 291.13 appears as a final adoption item on the Board's August 4, 2026 agenda and in the Board's rules compilation dated September 1. A pharmacist providing a telehealth service, by video or audio only, must first obtain the patient's informed consent to treatment, data collection and data sharing, document it in the pharmacy's system or a logbook, keep it at the licensed location for two years, and produce it within 72 hours of a Board request. Failure to produce it is prima facie evidence of a recordkeeping violation.

02Who this affects
  • Compounders and nonresident pharmacies shipping office administered products, such as weight management injectables, peptides or hormones, to Texas clinics.
  • Any Texas licensed pharmacy, resident or nonresident, whose pharmacists counsel or consult Texas patients remotely.

Applies to every pharmacy delivering into Texas, including Class E nonresident pharmacies. The delivery amendment is a proposal; the telehealth consent rule is adopted.

03Key dates
Source publishedSeptember 18, 2026Proposed amendment to 22 TAC 291.9 published in the Texas Register; filed September 1.
Comment deadlineOctober 18, 2026Thirty days after publication; the Register lists October 18 as the earliest adoption date.
EffectiveNot statedFor 291.13, adopted at the August 4 meeting and printed in the Board's September 1 compilation; the Register adoption notice was not located.
04Why it matters

Clinic drop shipping is how much of the weight management and med spa market is supplied, and Texas proposes to require a patient, not a stock room, at the end of every office delivery. If adopted, Texas shipping records will need to show that patient. The consent rule creates a record the Board can demand in three days; a missing record is itself the violation.

05What to do now
  1. If you deliver to Texas prescriber offices, review which shipments are for a named patient's pick up or administration and which are stock, and consider filing a comment before the deadline.
  2. If your pharmacists provide any telehealth service to Texas patients, add a consent capture for treatment, data collection and data sharing, and confirm it is retrievable within 72 hours.
  3. Watch the Board's November meeting for adoption of the 291.9 amendment.
06How this relates to certification

Licensure and Registration. The Licensure and Registration domain covers a pharmacy's standing with each state board it is permitted by. State delivery and recordkeeping rules are what that standing is measured against.

07Sources
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