Randol Mill Pharmacy v. Miller

OPINION

SUE WALKER, Justice.

I. INTRODUCTION

The primary issue we address in this appeal is whether a pharmacist’s act — of filling a bulk phone order placed by a doctor for over twenty 30-milliliter vials of an injectable form of the antioxidant supplement lipoic acid for use in the doctor’s office — constitutes dispensing a prescription medicine as required for the pharmacist to qualify as a health care provider under the Texas Medical Liability Act (TMLA). See Tex. Civ. Prac. & Rem.Code Ann. § 74.001(a)(12)(A)(iv), (22) (West Supp.2012). Because we hold that the answer to this question is no,…