reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.103. Issuance of Warrant

Sec. 556.103.  ISSUANCE OF WARRANT.  (a)  In this section, "probable cause" means a valid public interest exists in the effective enforcement of this subtitle or a rule adopted under this subtitle that is sufficient to justify an administrative inspection of the facility, area, building, or conveyance, or its contents in the circumstances specified in the application for the warrant.
(b)  A district judge may, on proper oath or affirmation that shows probable cause, issue a warrant to:
(1)  conduct an administrative inspection authorized by this chapter or rules adopted under this subtitle;  and
(2)  seize property appropriate to the inspection.
(c)  A warrant may be issued only on an affidavit that:
(1)  is given by a board representative who has knowledge of the facts alleged;
(2)  is sworn to before the judge;  and
(3)  establishes the grounds for issuance of the warrant.
(d)  The judge shall issue a warrant if the judge is satisfied that grounds for the application exist or that there is probable cause to believe they exist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.104. Contents of Warrant

Sec. 556.104.  CONTENTS OF WARRANT.  The warrant must:
(1)  identify:
(A)  the facility, area, building, or conveyance to be inspected;
(B)  the purpose of the inspection;
(C)  the type of property to be inspected, if appropriate;  and
(D)  each item or type of property to be seized, if any;
(2)  state the grounds for issuance of the warrant and the name of each person whose affidavit has been taken in support of the warrant;
(3)  be directed to a person authorized under this chapter to execute the warrant;
(4)  command the person to whom the warrant is directed to inspect the facility, area, building, or conveyance identified for the purpose specified;
(5)  direct the seizure of the property specified, if appropriate;
(6)  direct that the warrant be served during normal business hours;  and
(7)  designate the judge to whom the warrant is to be returned.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.105. Execution and Return of Warrant

Sec. 556.105.  EXECUTION AND RETURN OF WARRANT.  (a)  A warrant issued under this chapter must be executed and returned not later than the 10th day after the date of the warrant's issuance unless the judge allows additional time in the warrant after a showing by the board of a need for additional time.
(b)  A person who seizes property under a warrant shall provide a copy of the warrant and a receipt for the property taken by:
(1)  giving the copy and receipt to the person from whom or from whose facility the property was taken;  or
(2)  leaving the copy and receipt at the facility from which the property was taken.
(c)  The return of the warrant shall be made promptly and be accompanied by a written inventory of any property taken.  The inventory shall be:
(1)  prepared in the presence of the person executing the warrant and of:
(A)  the person from whose possession or facility the property was taken, if present;  or
(B)  at least one credible person other than the person preparing the inventory;  and
(2)  verified by the person executing the warrant.
(d)  The judge, on request, shall deliver a copy of the inventory to:
(1)  the person from whose possession or facility the property was taken;  and
(2)  the applicant for the warrant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.106. Filing With District Court

Sec. 556.106.  FILING WITH DISTRICT COURT.  (a)  A judge who issues a warrant under this chapter shall attach to the warrant:
(1)  a copy of the return;  and
(2)  the papers filed in connection with the warrant.
(b)  The judge shall file the copy of the return and the papers with the clerk of the district court with jurisdiction of the area in which the inspection was conducted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.107. Disposal of Seized Property

Sec. 556.107.  DISPOSAL OF SEIZED PROPERTY.  Property seized under this chapter must be disposed of in a manner considered appropriate by the board if the board has jurisdiction over the property or the district court if the court has jurisdiction over the property.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 557 - Pharmacist-Interns › Section 557.001. Pharmacist-Intern Registration

Sec. 557.001.  PHARMACIST-INTERN REGISTRATION.  A person must register with the board before beginning a board-approved internship in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 557 - Pharmacist-Interns › Section 557.002. Application for Registration

Sec. 557.002.  APPLICATION FOR REGISTRATION.  An application for registration as a pharmacist-intern must be on a form prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 557 - Pharmacist-Interns › Section 557.003. Duration of Registration

Sec. 557.003.  DURATION OF REGISTRATION.  A person's registration as a pharmacist-intern remains in effect as long as the person meets the qualifications for an internship specified by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 557 - Pharmacist-Interns › Section 557.004. Limitations on Registration

Sec. 557.004.  LIMITATIONS ON REGISTRATION.  (a)  The board may:
(1)  refuse to issue a registration to an applicant; or
(2)  restrict, suspend, or revoke a pharmacist-intern registration for a violation of this subtitle.
(b)  The board may take disciplinary action against an applicant for a pharmacist-intern registration or the holder of a current or expired pharmacist-intern registration in the same manner as against an applicant for a license or a license holder by imposing a sanction authorized under Section 565.051 if the board finds that the applicant or registration holder has engaged in conduct described by Section 565.001.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 8, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter A. License › Section 558.001. License Required

Sec. 558.001.  LICENSE REQUIRED.  (a)  A person may not practice pharmacy unless the person holds a license to practice pharmacy under this subtitle.
(b)  A person may not:
(1)  impersonate a pharmacist;  or
(2)  use the title "Registered Pharmacist" or "R.Ph.," or words of similar intent, unless the person is licensed to practice pharmacy in this state.
(c)  A person may not dispense or distribute prescription drugs unless the person:
(1)  is a pharmacist;  or
(2)  is otherwise authorized by this subtitle to dispense or distribute prescription drugs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter A. License › Section 558.002. Unauthorized Acquisition of License

Sec. 558.002.  UNAUTHORIZED ACQUISITION OF LICENSE.  A person may not:
(1)  impersonate before the board an applicant applying for a license under this subtitle;  or
(2)  acquire, with the intent to fraudulently acquire the license, a license in a manner other than the manner provided by this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.051. Qualifications for License by Examination

Sec. 558.051.  QUALIFICATIONS FOR LICENSE BY EXAMINATION.  (a)  To qualify for a license to practice pharmacy, an applicant for licensing by examination must submit to the board:
(1)  a license fee set by the board; and
(2)  a completed application on a form prescribed by the board with satisfactory sworn evidence that the applicant:
(A)  is at least 18 years of age;
(B)  has completed a minimum of a 1,000-hour internship or other program that has been approved by the board or has demonstrated, to the board's satisfaction, experience in the practice of pharmacy that meets or exceeds the board's minimum internship requirements;
(C)  has graduated and received a professional practice degree, as defined by board rule, from an accredited pharmacy degree program approved by the board;
(D)  has passed the examination required by the board; and
(E)  has not had a pharmacist license granted by another state restricted, suspended, revoked, or surrendered, for any reason.
(b)  Each applicant must obtain practical experience in the practice of pharmacy concurrent with college attendance or after college graduation, or both, under conditions the board determines.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 14, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.052. Content, Preparation, and Validation of Examination

Sec. 558.052.  CONTENT, PREPARATION, AND VALIDATION OF EXAMINATION.  (a)  The board shall determine the content and subject matter of a licensing examination.
(b)  The examination shall be prepared to measure the competence of the applicant to practice pharmacy.
(c)  The board may employ and cooperate with an organization or consultant in preparing an appropriate examination.
(d)  A written examination prepared or offered by the board, including a standardized national examination, must be validated by an independent testing professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.053. Grading of Examination

Sec. 558.053.  GRADING OF EXAMINATION.  (a)  The board may employ and cooperate with an organization or consultant in grading the examination.
(b)  The board shall determine whether an applicant has passed the examination.  The board has sole discretion and responsibility for that determination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.054. Frequency of Offering Examination

Sec. 558.054.  FREQUENCY OF OFFERING EXAMINATION.  The board shall give the examination at least two times during each state fiscal year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.055. Failure to Pass; Reexamination

Sec. 558.055.  FAILURE TO PASS;  REEXAMINATION.  (a)  An applicant who on the applicant's first attempt fails the examination may take the examination four additional times.
(b)  Before an applicant who has failed the examination five times is allowed to retake the examination, the applicant must provide documentation from a college of pharmacy that the applicant has successfully completed additional college course work in each examination subject area the applicant failed.
(c)  If requested in writing by a person who fails the examination, the board shall furnish the person with an analysis of the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.056. Notification

Sec. 558.056.  NOTIFICATION.  The board shall notify each person taking an examination of the results of the examination not later than the 30th day after the date the board receives the results from a national testing service if the board uses a national testing service.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.057. Internship or Other Program to Qualify for Examination

Sec. 558.057.  INTERNSHIP OR OTHER PROGRAM TO QUALIFY FOR EXAMINATION.  (a)  In this section, "preceptor" means a pharmacist licensed in this state to practice pharmacy or another health care professional who meets the preceptor requirements specified by rule and who is recognized by the board to supervise and be responsible for the activities and functions of a pharmacist-intern in an internship program.
(b)  The board shall:
(1)  establish standards for an internship or other program necessary to qualify an applicant for the licensing examination;  and
(2)  determine the qualifications necessary for a preceptor used in the program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.058. Accessibility of Examination

Sec. 558.058.  ACCESSIBILITY OF EXAMINATION.  The board by rule shall ensure that an examination under this subchapter is administered to applicants with disabilities in compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter B. Licensing by Examination › Section 558.059. Examination Fee Refund

Sec. 558.059.  EXAMINATION FEE REFUND.  (a)  The board may retain all or part of an examination fee paid by an applicant who is unable to take the examination.
(b)  The board shall adopt policies allowing the board to refund the examination fee paid by an applicant who:
(1)  provides advance notice of the applicant's inability to take the examination; or
(2)  is unable to take the examination because of an emergency.
(c)  The board's policy must establish the required notification period and the emergencies that warrant a refund.
(d)  The board shall make efforts to ensure that the policy does not conflict with the policy of a national testing body involved in administering the examination.
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 15, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter C. Licensing by Reciprocity › Section 558.101. Qualifications for License by Reciprocity

Sec. 558.101.  QUALIFICATIONS FOR LICENSE BY RECIPROCITY.
(a)  To qualify for a license to practice pharmacy, an applicant for licensing by reciprocity must:
(1)  submit to the board:
(A)  a reciprocity fee set by the board; and
(B)  a completed application in the form prescribed by the board, given under oath;
(2)  have graduated and received a professional practice degree, as defined by board rule, from an accredited pharmacy degree program approved by the board;
(3)  have presented to the board:
(A)  proof of current or initial licensing by examination; and
(B)  proof that the current license and any other license granted to the applicant by another state has not been restricted, suspended, revoked, or surrendered for any reason; and
(4)  pass the Texas Pharmacy Jurisprudence examination.
(b)  An applicant is not eligible for licensing by reciprocity unless the state in which the applicant is currently or was initially licensed as a pharmacist grants reciprocal licensing to pharmacists licensed by examination in this state, under like circumstances and conditions.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 16, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter D. Provisional and Temporary Licensing › Section 558.151. Qualifications for Provisional License

Sec. 558.151.  QUALIFICATIONS FOR PROVISIONAL LICENSE.  (a)  The board may grant a provisional license to practice pharmacy to an applicant licensed in another state who seeks a license in this state.  An applicant for a provisional license under this section must:
(1)  pay a fee set by the board;
(2)  be licensed in good standing as a pharmacist in another state that has professional standards and licensing requirements that the board considers to be substantially equivalent to the requirements of this subtitle;
(3)  have passed a national or other examination recognized by the board relating to pharmacy;  and
(4)  be sponsored by a person licensed under this subtitle with whom the provisional license holder may practice under this subchapter.
(b)  The board may waive the requirement of Subsection (a)(4) for an applicant if the board determines that compliance with that subsection constitutes a hardship to the applicant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter D. Provisional and Temporary Licensing › Section 558.152. Duration of Provisional License

Sec. 558.152.  DURATION OF PROVISIONAL LICENSE.  A provisional license is valid until the date the board approves or denies the license application under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter D. Provisional and Temporary Licensing › Section 558.153. Processing of License Application

Sec. 558.153.  PROCESSING OF LICENSE APPLICATION.  The board must complete the processing of a provisional license holder's application for a license not later than the 180th day after the date the provisional license is issued or at the time licenses are issued following the successful completion of the examination, whichever date is later.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter D. Provisional and Temporary Licensing › Section 558.154. Issuance of License to Provisional License Holder

Sec. 558.154.  ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.  The board shall issue a license to practice pharmacy under this subtitle to the holder of a provisional license if:
(1)  the provisional license holder passes the jurisprudence examination required under this subtitle;
(2)  the board verifies that the provisional license holder has the academic and experience requirements for a license to practice pharmacy under this subtitle;  and
(3)  the provisional license holder satisfies all other requirements for a license to practice pharmacy under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter D. Provisional and Temporary Licensing › Section 558.155. Temporary License

Sec. 558.155.  TEMPORARY LICENSE.  The board by rule may provide for the issuance of a temporary license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter E. Certain Prohibited Practices › Section 558.201. Duplicating License or Certificate

Sec. 558.201.  DUPLICATING LICENSE OR CERTIFICATE.  Except as expressly provided under this subtitle, a person may not in any manner duplicate a license to practice pharmacy or a license renewal certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 558 - License to Practice Pharmacy › Subchapter E. Certain Prohibited Practices › Section 558.202. False Affidavit

Sec. 558.202.  FALSE AFFIDAVIT.  A person who falsely makes the affidavit prescribed by Section 558.051 or 558.101 is guilty of fraudulent and dishonorable conduct and malpractice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.001. Expiration of License

Sec. 559.001.  EXPIRATION OF LICENSE.  (a)  Except as provided by Subsection (b), a license to practice pharmacy expires December 31 of each year or of every other year, as determined by the board.
(b)  The board may adopt a system under which licenses to practice pharmacy expire on various dates during the year.
(c)  If the board changes the expiration date of a license, the board shall prorate the license renewal fee to cover the months for which the license is valid for the year in which the date is changed.  The total license renewal fee is due on the new expiration date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.002. Renewal Period

Sec. 559.002.  RENEWAL PERIOD.  A license to practice pharmacy may be renewed for one or two years, as determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.003. Requirements for Renewal

Sec. 559.003.  REQUIREMENTS FOR RENEWAL.  (a)  To renew a license to practice pharmacy, the license holder must before the expiration date of the license:
(1)  pay a renewal fee as determined by the board;
(2)  comply with the continuing education requirements prescribed by the board;  and
(3)  file with the board a completed application for a license renewal certificate that:
(A)  is given under oath;  and
(B)  is accompanied by a certified statement executed by the license holder that attests that the license holder has satisfied the continuing education requirements during the preceding license period.
(b)  A person whose license has been expired for 90 days or less may renew the expired license by paying to the board a renewal fee that is equal to one and one-half times the normally required renewal fee for the license.
(c)  A person whose license has been expired for more than 90 days but less than one year may renew the expired license by paying to the board a renewal fee that is equal to two times the normally required renewal fee for the license.
(d)  A person whose license has been expired for one year or more may not renew the license.  The person may obtain a new license by complying with the requirements and procedures for obtaining an original license, including the examination requirement.
(e)  A person may not renew a license to practice pharmacy if the person holds a license to practice pharmacy in another state that has been suspended, revoked, canceled, or subject to an action that prohibits the person from practicing pharmacy in that state.
(f)  The board may refuse to renew a license to practice pharmacy for a license holder who is in violation of a board order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 17, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 9, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 16, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.004. Issuance of License Renewal Certificate

Sec. 559.004.  ISSUANCE OF LICENSE RENEWAL CERTIFICATE.  (a)  The board shall issue a license renewal certificate to an applicant after the board has received, in a time prescribed by Section 559.003:
(1)  the completed application;
(2)  the renewal fee;  and
(3)  proof of completion of the continuing education requirements prescribed by Subchapter B.
(b)  The renewal certificate must contain:
(1)  the pharmacist's license number;
(2)  the period for which the license is renewed;  and
(3)  other information the board determines necessary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.005. Issuance of New License

Sec. 559.005.  ISSUANCE OF NEW LICENSE.  (a)  The board may issue a new license to practice pharmacy to a person who is prohibited under Section 559.003(d) from renewing a license if the person has not had a license granted by any other state restricted, suspended, revoked, canceled, or surrendered for any reason and qualifies under this section.
(b)  A person qualifies for a license under this section if the person:
(1)  was licensed as a pharmacist in this state, moved to another state, and is licensed and has been practicing pharmacy in the other state for the two years preceding the date the application for a new license is submitted;
(2)  pays to the board an amount equal to the examination fee for the license;  and
(3)  passes the Texas Pharmacy Jurisprudence examination.
(c)  A person qualifies for a license under this section if the person:
(1)  was licensed as a pharmacist in this state;
(2)  pays to the board an amount equal to the examination fee for the license;  and
(3)  passes the Texas Pharmacy Jurisprudence examination and any other examination required by the board and in addition to or instead of passing the examination as required by the board, participates in continuing pharmacy education and practices under conditions set by the board.
(d)  A person qualifies for a license under this section if the person:
(1)  submits to reexamination;  and
(2)  complies with the requirements and procedures for obtaining an original license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.006. License Expiration Notice

Sec. 559.006.  LICENSE EXPIRATION NOTICE.  At least 30 days before the expiration of a person's license, the board shall send written notice of the impending license expiration to the person at the license holder's last known address according to the board's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter A. General Provisions › Section 559.007. Practicing Pharmacy Without Renewal Certificate

Sec. 559.007.  PRACTICING PHARMACY WITHOUT RENEWAL CERTIFICATE.  A person who practices pharmacy without a current license renewal certificate as required by this chapter is practicing pharmacy without a license and is subject to all penalties for practicing pharmacy without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.051. Satisfaction of Continuing Education Requirement

Sec. 559.051.  SATISFACTION OF CONTINUING EDUCATION REQUIREMENT.  (a)  A holder of a license to practice pharmacy may meet the continuing education requirement by:
(1)  completing continuing education programs approved by the board;  or
(2)  passing a standardized pharmacy examination approved by the board.
(b)  A license holder who takes the examination under Subsection (a)(2) must pay the examination fee assessed by the board under Section 554.006.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.052. Rules Relating to Continuing Education

Sec. 559.052.  RULES RELATING TO CONTINUING EDUCATION.  (a)  The board shall adopt rules relating to:
(1)  the adoption or approval of mandatory continuing education programs;
(2)  the approval of providers and the operation of continuing education programs;  and
(3)  the evaluation of the effectiveness of continuing education programs and a license holder's participation and performance in those programs.
(b)  In establishing the requirement for continuing education, the board shall consider:
(1)  factors that lead to the competent performance of professional duties;  and
(2)  the continuing education needs of license holders.
(c)  In adopting rules relating to the approval of continuing education programs or providers, the board may consider:
(1)  programs approved by the Texas Pharmacy Foundation;  and
(2)  providers approved by the American Council on Pharmaceutical Education.
(d)  The board shall approve home study courses, correspondence courses, or other similar programs.
(e)  The board by rule may grant an extension for the completion of a continuing education requirement for good cause.
(f)  The board by rule may exempt a person from all or part of the continuing education requirements.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.0525. Continuing Education Relating to Opioid Drugs

Sec. 559.0525.  CONTINUING EDUCATION RELATING TO OPIOID DRUGS.  (a)  The board shall develop a continuing education program regarding opioid drug abuse and the delivery, dispensing, and provision of tamper-resistant opioid drugs after considering input from interested persons.
(b)  The board by rule may require a license holder to satisfy a number of the continuing education hours required by Section 559.053 through attendance of a program developed under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 518 (S.B. 316), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.053. Program Hours Required

Sec. 559.053.  PROGRAM HOURS REQUIRED.  A license holder satisfies the continuing education requirement by presenting evidence satisfactory to the board of completion of at least 30 hours of continuing education during the preceding 24 months of the person's license period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.304(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.054. Certificate of Completion

Sec. 559.054.  CERTIFICATE OF COMPLETION.  Each continuing education program approved by the board shall issue a certificate of completion to a license holder who satisfactorily completes the program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.055. Records

Sec. 559.055.  RECORDS.  Each license holder shall maintain records for three years showing the continuing education programs completed by the license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter B. Mandatory Continuing Education › Section 559.056. Demonstration of Compliance

Sec. 559.056.  DEMONSTRATION OF COMPLIANCE.  On an audit by the board, a license holder is in compliance with the continuing education requirements if the license holder submits to the board:
(1)  an affidavit stating that the license holder has complied with those requirements;  and
(2)  records showing completion of the continuing education programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter C. Inactive Status › Section 559.101. Eligibility for Inactive Status

Sec. 559.101.  ELIGIBILITY FOR INACTIVE STATUS.  The board by rule shall adopt a system for placing on inactive status a license held by a person who:
(1)  is licensed by the board to practice pharmacy;
(2)  is not eligible to renew the license because of failure to comply with the continuing education requirements under Subchapter B;  and
(3)  is not practicing pharmacy in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter C. Inactive Status › Section 559.102. Restriction on Length of Inactive Status

Sec. 559.102.  RESTRICTION ON LENGTH OF INACTIVE STATUS.  The board may restrict the length of time a license may remain on inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter C. Inactive Status › Section 559.103. Application for Inactive Status

Sec. 559.103.  APPLICATION FOR INACTIVE STATUS.  A license holder may place the holder's license on inactive status by:
(1)  applying for inactive status on a form prescribed by the board before the expiration date of the license;  and
(2)  complying with all other requirements for renewal of a license other than the continuing education requirements under Subchapter B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter C. Inactive Status › Section 559.104. Return to Active Status

Sec. 559.104.  RETURN TO ACTIVE STATUS.  A holder of a license that is on inactive status may return the license to active status by:
(1)  applying for active status on a form prescribed by the board;  and
(2)  providing evidence satisfactory to the board that the license holder has completed the number of hours of continuing education, up to 36 hours, that would otherwise have been required for renewal of the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 559 - Renewal of License to Practice Pharmacy › Subchapter C. Inactive Status › Section 559.105. Practicing Pharmacy During Inactive Status

Sec. 559.105.  PRACTICING PHARMACY DURING INACTIVE STATUS.  (a)  A holder of a license that is on inactive status may not practice pharmacy in this state.
(b)  A license holder who practices pharmacy while the holder's license is on inactive status is practicing pharmacy without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter A. License Required › Section 560.001. License Required

Sec. 560.001.  LICENSE REQUIRED.  (a)  A person may not operate a pharmacy in this state unless the pharmacy is licensed by the board.
(b)  A pharmacy located in another state may not ship, mail, or deliver to this state a prescription drug or device dispensed under a prescription drug order, or dispensed or delivered as authorized by Subchapter D, Chapter 562, unless the pharmacy is licensed by the board or is exempt under Section 560.004.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), and Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 39, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 7(1), eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.006(1), eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter A. License Required › Section 560.002. Use of "Pharmacy"; Providing Pharmacy Services Without License

Sec. 560.002.  USE OF "PHARMACY";  PROVIDING PHARMACY SERVICES WITHOUT LICENSE.  (a)  A person may not display in or on a place of business the word "pharmacy" or "apothecary" in any language, any word or combination of words of the same or similar meaning, or a graphic representation that would lead or tend to lead the public to believe that the business is a pharmacy unless the facility is a pharmacy licensed under this chapter.
(b)  A person may not advertise a place of business as a pharmacy or provide pharmacy services unless the facility is a pharmacy licensed under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter A. License Required › Section 560.003. Prohibited Advertising of Pharmacy

Sec. 560.003.  PROHIBITED ADVERTISING OF PHARMACY.  (a)  A pharmacy that is not licensed under this chapter may not advertise the pharmacy's services in this state.
(b)  A person who is a resident of this state may not advertise the pharmacy services of a pharmacy that is not licensed by the board if the pharmacy or person makes the advertisement with the knowledge that the advertisement will or is likely to induce a resident of this state to use the pharmacy to dispense a prescription drug order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter A. License Required › Section 560.004. Exemption

Sec. 560.004.  EXEMPTION.  The board may grant an exemption from the licensing requirements of this chapter on the application of a pharmacy located in another state that restricts to isolated transactions the pharmacy's dispensing of a prescription drug or device to a resident of this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter B. Pharmacy Classification › Section 560.051. License Classifications

Sec. 560.051.  LICENSE CLASSIFICATIONS.  (a)  Each applicant for a pharmacy license shall apply for a license in one or more of the following classifications:
(1)  Class A;
(2)  Class B;
(3)  Class C;
(4)  Class D;
(5)  Class E;  or
(6)  another classification established by the board under Section 560.053.
(b)  A Class A pharmacy license or community pharmacy license authorizes a pharmacy to dispense a drug or device to the public under a prescription drug order.
(c)  A Class B pharmacy license or nuclear pharmacy license authorizes a pharmacy to dispense a radioactive drug or device for administration to an ultimate user.
(d)  A Class C pharmacy license or institutional pharmacy license may be issued to a pharmacy located in:
(1)  an inpatient facility, including a hospital, licensed under Chapter 241 or 577, Health and Safety Code;
(2)  a hospital maintained or operated by the state;
(3)  a hospice inpatient facility licensed under Chapter 142, Health and Safety Code;  or
(4)  an ambulatory surgical center licensed under Chapter 243, Health and Safety Code.
(e)  A Class D pharmacy license or clinic pharmacy license authorizes a pharmacy to dispense a limited type of drug or device under a prescription drug order.
(f)  A Class E pharmacy license or nonresident pharmacy license may be issued to a pharmacy located in another state whose primary business is to:
(1)  dispense a prescription drug or device under a prescription drug order and deliver the drug or device to a patient, including a patient in this state, by United States mail, common carrier, or delivery service;
(2)  process a prescription drug order for a patient, including a patient in this state; or
(3)  perform another pharmaceutical service, as defined by board rule.
(g)  The board may determine the classification under which a pharmacy may be licensed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.305(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 941, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 965 (S.B. 683), Sec. 5, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 4.005, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter B. Pharmacy Classification › Section 560.0521. Sworn Disclosure Statement

Sec. 560.0521.  SWORN DISCLOSURE STATEMENT.  (a)  A disclosure statement included with an application under Section 560.052(b)(3) must include:
(1)  the name of the pharmacy;
(2)  the name of each person who has a direct financial investment in the pharmacy;
(3)  the name of each person who:
(A)  is not an individual;
(B)  has any financial investment in the pharmacy; and
(C)  is not otherwise disclosed under Subdivision (2);
(4)  the total amount or percentage of the financial investment made by each person described by Subdivision (2); and
(5)  the name of each of the following persons, if applicable, connected to the pharmacy if the person is not otherwise disclosed under Subdivision (2) or (3):
(A)  a partner;
(B)  an officer;
(C)  a director;
(D)  a managing employee;
(E)  an owner or person who controls the owner; and
(F)  a person who acts as a controlling person of the pharmacy through the exercise of direct or indirect influence or control over the management of the pharmacy, the expenditure of money by the pharmacy, or a policy of the pharmacy, including:
(i)  a management company, landlord, marketing company, or similar person who operates or contracts for the operation of a pharmacy and, if the pharmacy is a publicly traded corporation or is controlled by a publicly traded corporation, an officer or director of the corporation but not a shareholder or lender of the corporation;
(ii)  an individual who has a personal, familial, or other relationship with an owner, manager, landlord, tenant, or provider of a pharmacy that allows the individual to exercise actual control of the pharmacy; and
(iii)  any other person the board by rule requires to be included based on the person's exercise of direct or indirect influence or control.
(b)  An applicant shall notify the board not later than the 60th day after the date any administrative sanction or criminal penalty is imposed against a person described by Subsection (a).
(c)  The board may adopt rules regarding the disclosure of the source of a financial investment under Subsection (a).
(d)  A disclosure statement under this section shall be given under oath as prescribed by board rule.
(e)  Information contained in a disclosure statement under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 895 (H.B. 3496), Sec. 2, eff. January 1, 2020.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 560 - Licensing of Pharmacies › Subchapter B. Pharmacy Classification › Section 560.053. Establishment of Additional Pharmacy Classifications

Sec. 560.053.  ESTABLISHMENT OF ADDITIONAL PHARMACY CLASSIFICATIONS.  The board by rule may establish classifications of pharmacy licenses in addition to the classifications under Section 560.051 if the board determines that:
(1)  the practice setting will provide pharmaceutical care services to the public;
(2)  the existing classifications of pharmacy licenses are not appropriate for that practice setting;  and
(3)  establishment of a new classification of pharmacy license is necessary to protect the public health, safety, and welfare.
Added by Acts 2003, 78th Leg., ch. 941, Sec. 2, eff. Sept. 1, 2003.