reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.002. Regulation of Practice of Pharmacy

Sec. 554.002.  REGULATION OF PRACTICE OF PHARMACY.  The board shall regulate the practice of pharmacy in this state by:
(1)  issuing a license after examination or by reciprocity to an applicant qualified to practice pharmacy and issuing a license to a pharmacy under this subtitle;
(2)  renewing a license to practice pharmacy and a license to operate a pharmacy;
(3)  determining and issuing standards for recognizing and approving degree requirements of colleges of pharmacy whose graduates are eligible for a license in this state;
(4)  specifying and enforcing requirements for practical training, including an internship;
(5)  enforcing the provisions of this subtitle relating to:
(A)  the conduct or competence of a pharmacist practicing in this state and the conduct of a pharmacy operating in this state; and
(B)  the suspension, revocation, retirement, or restriction of a license to practice pharmacy or to operate a pharmacy or the imposition of an administrative penalty or reprimand on a license holder;
(6)  regulating the training, qualifications, and employment of a pharmacist-intern, pharmacy technician, and pharmacy technician trainee; and
(7)  determining and issuing standards for recognizing and approving a pharmacy residency program for purposes of Subchapter W, Chapter 61, Education Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.301(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 4, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.0021. Recognition and Approval of Pharmacist Certification Programs

Sec. 554.0021.  RECOGNITION AND APPROVAL OF PHARMACIST CERTIFICATION PROGRAMS.  (a)  The board shall determine and issue standards for recognizing and approving pharmacist certification programs.
(b)  In adopting standards under Subsection (a), the board shall include a requirement that a pharmacist may not use the designation "board certified" unless the pharmacist has successfully completed a certification program that meets the board's standards.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.301(c), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.003. Procedures

Sec. 554.003.  PROCEDURES.  The board by rule shall specify:
(1)  the licensing procedures to be followed, including specification of forms to be used, in applying for a pharmacy license;  and
(2)  fees for filing an application for a pharmacy 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 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.004. Administration of Medication

Sec. 554.004.  ADMINISTRATION OF MEDICATION.  (a)  The board shall specify conditions under which a pharmacist may administer medication, including an immunization and vaccination.  The conditions must ensure that:
(1)  a licensed health care provider authorized to administer the medication is not reasonably available to administer the medication;
(2)  failure to administer the medication, other than an immunization or vaccination, might result in a significant delay or interruption of a critical phase of drug therapy;
(3)  the pharmacist possesses the necessary skill, education, and certification as specified by the board to administer the medication;
(4)  within a reasonable time after administering medication, the pharmacist notifies the licensed health care provider responsible for the patient's care that the medication was administered;
(5)  the pharmacist may not administer medication to a patient at the patient's residence, except at a licensed nursing home or hospital;
(6)  the pharmacist administers an immunization or vaccination under a physician's written protocol and meets the standards established by the board;  and
(7)  the authority of a pharmacist to administer medication may not be delegated.
(b)  This section does not prohibit a pharmacist from preparing or manipulating a biotechnological agent or device.
(c)  This section does not prohibit a pharmacist from performing an act delegated by a physician in accordance with Chapter 157.  The pharmacist performing a delegated medical act under that chapter is considered to be performing a medical act and not to be engaging in the practice of pharmacy.
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 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.005. Prescription Drugs and Devices

Sec. 554.005.  PRESCRIPTION DRUGS AND DEVICES.  (a)  In regulating the practice of pharmacy and the use in this state of prescription drugs and devices in the diagnosis, mitigation, or treatment or prevention of injury, illness, or disease, the board shall:
(1)  regulate the delivery or distribution of a prescription drug or device;
(2)  specify minimum standards for the professional environment, technical equipment, and security in a prescription dispensing area;
(3)  specify minimum standards for:
(A)  drug storage;
(B)  maintenance of prescription drug records;  and
(C)  procedures for the:
(i)  delivering and dispensing in a suitable, appropriately labeled container;
(ii)  providing of prescription drugs or devices;
(iii)  monitoring of drug therapy;  and
(iv)  counseling of patients on proper use of a prescription drug or device in the practice of pharmacy;
(4)  adopt rules regulating a prescription drug order or medication order transmitted by electronic means;  and
(5)  register a balance used for compounding drugs in a pharmacy licensed in this state and periodically inspect the balance to verify accuracy.
(b)  In implementing Subsection (a)(1), the board may, after notice and hearing, seize any prescription drug or device that poses a hazard to the public health and welfare.
(c)  In implementing Subsection (a)(1), the board may not regulate:
(1)  any manufacturer's representative or employee acting in the normal course of business;
(2)  a person engaged in the wholesale drug business and licensed by the commissioner of public health as provided by Chapter 431, Health and Safety Code;  or
(3)  an employee of a person described by Subdivision (2) if the employee is acting in the normal course of business.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.301(d), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.006. Fees

Sec. 554.006.  FEES.  (a)  The board by rule shall establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the cost of administering this subtitle.
(b)  The board by rule shall establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the cost of establishing and maintaining the program described by Sections 481.075, 481.076, and 481.0761, Health and Safety Code.
(c)  The board may assess the fee described by Subsection (b) on individuals or entities authorized to prescribe or dispense controlled substances under Chapter 481, Health and Safety Code, and to access the program described by Sections 481.075, 481.076, and 481.0761, Health and Safety Code.
(d)  Each agency that licenses individuals or entities authorized to prescribe or dispense controlled substances under Chapter 481, Health and Safety Code, and to access the program described by Sections 481.075, 481.076, and 481.0761, Health and Safety Code, shall increase the occupational license, permit, or registration fee of the license holders or use available excess revenue in an amount sufficient to operate that program as specified by the board.
(e)  A fee collected by an agency under Subsection (d) shall be transferred to the board for the purpose of establishing and maintaining the program described by Sections 481.075, 481.076, and 481.0761, Health and Safety Code.
(f)  Grants received by the board to implement or operate the program described by Sections 481.075, 481.076, and 481.0761, Health and Safety Code, may be used by the board to offset or reduce the amount of fees paid by each agency that licenses individuals or entities who are or may be authorized to prescribe or dispense controlled substances under Chapter 481, Health and Safety Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 23, eff. September 1, 2016.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.007. Funds

Sec. 554.007.  FUNDS.  (a)  The board shall deposit revenue collected under this subtitle to the credit of the general revenue fund.
(b)  The board may receive and spend money, or use gifts, grants, and other funds and assets, in addition to money collected under Subsection (a), in accordance with state law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 9, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 5, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.009. Lease or Purchase of Vehicles

Sec. 554.009.  LEASE OR PURCHASE OF VEHICLES.  (a)  The board may lease or purchase vehicles for use in official board business.
(b)  A vehicle acquired under Subsection (a) is exempt from a requirement to bear state government identification.
(c)  The board may register a vehicle with the Texas Department of Motor Vehicles in an alias name only for investigative personnel.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3I.01, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.010. Peace Officers

Sec. 554.010.  PEACE OFFICERS.  (a)  The board may commission as a peace officer to enforce this subtitle an employee who has been certified as qualified to be a peace officer by the Texas Commission on Law Enforcement.
(b)  An employee commissioned as a peace officer under this subtitle has the powers, privileges, and immunities of a peace officer while carrying out duties as a peace officer under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1361 (S.B. 650), Sec. 1, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 93 (S.B. 686), Sec. 2.57, eff. May 18, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.011. Pilot and Demonstration Research Projects

Sec. 554.011.  PILOT AND DEMONSTRATION RESEARCH PROJECTS.  (a)  The board may approve pilot and demonstration research projects for innovative applications in the practice of pharmacy.
(b)  The board shall specify the procedures to be followed in applying for approval of a project.
(c)  The approval may include a provision granting an exception to any rule adopted under this subtitle.  The board may extend the time an exception to a rule is granted as necessary for the board to adopt an amendment or modification of the rule.  The board may condition approval of a project on compliance with this section and rules adopted under this section.
(d)  A project may not include therapeutic substitution or substitution of a medical device used in patient care.
(e)  This section does not expand the definition of pharmacy under this subtitle.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.302(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.012. Notification Relating to Therapeutic Optometrists

Sec. 554.012.  NOTIFICATION RELATING TO THERAPEUTIC OPTOMETRISTS.  The board shall inform each holder of a license to practice pharmacy and each holder of a license to operate a pharmacy of the authority of a therapeutic optometrist to prescribe a drug under Section 351.357 by annually mailing to each license holder a notice that:
(1)  describes the authority of a therapeutic optometrist to prescribe a drug;  and
(2)  lists each drug that a therapeutic optometrist may lawfully prescribe.
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 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.014. Information Provided to License Holders

Sec. 554.014.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At least once each biennium, the board shall provide to license holders information on:
(1)  prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances;
(2)  abusive and addictive behavior of certain persons who use prescription pain medications;
(3)  common diversion strategies employed by certain persons who use prescription pain medications, including fraudulent prescription patterns;  and
(4)  the appropriate use of pain medications and the differences between addiction, pseudo-addiction, tolerance, and physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.015. Poison Control Center Information

Sec. 554.015.  POISON CONTROL CENTER INFORMATION.  The board shall provide to license holders information regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.017. List of Pharmacists Authorized to Sign Prescription Drug Orders

Sec. 554.017.  LIST OF PHARMACISTS AUTHORIZED TO SIGN PRESCRIPTION DRUG ORDERS.  The board shall provide on its Internet website a list of pharmacists who are authorized to sign a prescription drug order under Section 157.101(b-1), including the name of the pharmacist's delegating physician under the protocol required under that subsection.
Added by Acts 2009, 81st Leg., R.S., Ch. 271 (S.B. 381), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter A. Powers and Duties › Section 554.018. Comprehensive Substance Use Disorder Approach

Sec. 554.018.  COMPREHENSIVE SUBSTANCE USE DISORDER APPROACH.  The board shall encourage pharmacists to participate in a program that provides a comprehensive approach to the delivery of early intervention and treatment services for persons with substance use disorders and persons who are at risk of developing substance use disorders, such as a program promoted by the Substance Abuse and Mental Health Services Administration within the United States Department of Health and Human Services.
Added by Acts 2019, 86th Leg., R.S., Ch. 1167 (H.B. 3285), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.051. Rulemaking: General Powers and Duties

Sec. 554.051.  RULEMAKING:  GENERAL POWERS AND DUTIES.  (a)  The board shall adopt rules consistent with this subtitle for the administration and enforcement of this subtitle.
(a-1)  The board may adopt rules to administer Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, 481.0766, 481.0767, 481.0768, and 481.0769, Health and Safety Code.
(b)  If the board determines it necessary to protect the health and welfare of the citizens of this state, the board may make a rule concerning the operation of a licensed pharmacy located in this state applicable to a pharmacy licensed by the board that is located in another state.
(c)  The board shall adopt rules regarding records to be maintained by a pharmacist performing a specific act under a written protocol.
(d)  The board by rule shall specify minimum standards for professional responsibility in the conduct of a pharmacy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 24, eff. September 1, 2016.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 13, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 14, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.052. Immunizations and Vaccinations; Physician Supervision

Sec. 554.052.  IMMUNIZATIONS AND VACCINATIONS;  PHYSICIAN SUPERVISION.  (a)  The board by rule shall require a pharmacist to notify a physician who prescribes an immunization or vaccination within 24 hours after the pharmacist administers the immunization or vaccination.
(b)  The board shall establish minimum education and continuing education standards for a pharmacist who administers an immunization or vaccination.  The standards must include Centers for Disease Control and Prevention training, basic life support training, and hands-on training in techniques for administering immunizations and vaccinations.
(c)  Supervision by a physician is adequate if the delegating physician:
(1)  is responsible for formulating or approving an order or protocol, including the physician's order, standing medical order, or standing delegation order, and periodically reviews the order or protocol and the services provided to a patient under the order or protocol;
(2)  except as provided by Subsection (c-1), has established a physician-patient relationship with each patient under 14 years of age and referred the patient to the pharmacist;
(3)  is geographically located to be easily accessible to the pharmacy where an immunization or vaccination is administered;
(4)  receives, as appropriate, a periodic status report on the patient, including any problem or complication encountered;  and
(5)  is available through direct telecommunication for consultation, assistance, and direction.
(c-1)  A pharmacist may administer an influenza vaccination to a patient over seven years of age without an established physician-patient relationship.
(d)  The Texas Medical Board by rule shall establish the minimum content of a written order or protocol.  The order or protocol may not permit delegation of medical diagnosis.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 375 (H.B. 1409), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.053. Rulemaking: Pharmacy Technician and Pharmacy Technician Trainee

Sec. 554.053.  RULEMAKING:  PHARMACY TECHNICIAN AND PHARMACY TECHNICIAN TRAINEE.  (a)  The board shall establish rules for the use and the duties of a pharmacy technician and pharmacy technician trainee employed by a pharmacy licensed by the board.  A pharmacy technician and pharmacy technician trainee shall be responsible to and must be directly supervised by a pharmacist.
(b)  The board may not adopt a rule establishing a ratio of pharmacists to pharmacy technicians and pharmacy technician trainees in a Class C pharmacy or limiting the number of pharmacy technicians or pharmacy technician trainees that may be used in a Class C pharmacy.
(c)  The board shall determine and issue standards for recognition and approval of a training program for pharmacy technicians and maintain a list of board-approved training programs that meet those standards.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.303(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 6, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 7, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 929 (S.B. 1633), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.054. Rules Restricting Advertising or Competitive Bidding

Sec. 554.054.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING.  (a)  The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person.
(b)  The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the use of any advertising medium;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement used by the person;  or
(4)  restricts the use of a trade name in advertising by the person.
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 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.055. Rulemaking; Electronic Media

Sec. 554.055.  RULEMAKING;  ELECTRONIC MEDIA.  The board shall adopt rules regarding the sale and delivery of drugs by use of electronic media, including the Internet.
Added by Acts 2001, 77th Leg., ch. 972, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.056. Rulemaking; Addition of Flavoring to Commercial Product

Sec. 554.056.  RULEMAKING; ADDITION OF FLAVORING TO COMMERCIAL PRODUCT.  The board may adopt rules governing the procedures for a pharmacist, as part of compounding, to add flavoring to a commercial product at the request of a patient or a patient's agent.
Added by Acts 2007, 80th Leg., R.S., Ch. 550 (S.B. 1274), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 554 - Board Powers and Duties; Rulemaking Authority › Subchapter B. Rulemaking › Section 554.057. Rulemaking; Implementation of Drug Therapy Under Protocol

Sec. 554.057.  RULEMAKING; IMPLEMENTATION OF DRUG THERAPY UNDER PROTOCOL.  The board, with the advice of the Texas Medical Board, shall adopt rules that allow a pharmacist to implement or modify a patient's drug therapy pursuant to a physician's delegation under Section 157.101(b-1).
Added by Acts 2009, 81st Leg., R.S., Ch. 271 (S.B. 381), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 555 - Public Interest Information and Complaint Procedures › Section 555.001. Public Interest Information

Sec. 555.001.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and procedures by which complaints are filed with and resolved by the board.
(b)  The board shall make the information available to the public and appropriate state agencies.
(c)  The board shall provide on its website a list of all Internet pharmacies licensed by the board and shall provide information about each pharmacy, including the pharmacy's name, license number, and state of physical location.  In this subsection, an Internet pharmacy is a pharmacy physically located in this state or another state that:
(1)  dispenses a prescription drug or device under a prescription drug order in response to a request received by way of the Internet to dispense the drug or device; and
(2)  delivers the drug or device to a patient in this state by United States mail, common carrier, or delivery service.
(d)  Information regarding the home address or home telephone number of a person licensed or registered under this subtitle, including a pharmacy owner, is confidential and not subject to disclosure under Chapter 552, Government Code, but each person licensed or registered must provide the board with a business address or address of record that is subject to disclosure under Chapter 552, Government Code, and that may be posted on the board's Internet site or in the board's licensure verification database.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 555 - Public Interest Information and Complaint Procedures › Section 555.002. Complaints

Sec. 555.002.  COMPLAINTS.  (a)  The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated by the board;
(2)  on a sign prominently displayed in the place of business of each person regulated by the board;
(3)  on an electronic messaging system in a font specified by board rule prominently displayed in the place of business of each person regulated by the board; or
(4)  in a bill for service provided by a person regulated by the board.
(b)  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
(c)  Any person who has knowledge relating to an action or omission of a pharmacist or pharmacy licensed by the board that constitutes a ground for disciplinary action under Section 565.001 or 565.002, or a rule adopted under one of those sections, may provide relevant records, report relevant information, or provide assistance to the board.
(d)  A complaint directed to the board under this section may be made through the Internet.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 972, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 555 - Public Interest Information and Complaint Procedures › Section 555.003. Complaint Form

Sec. 555.003.  COMPLAINT FORM.  The board by rule shall adopt a form on which a person may file a complaint with 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 555 - Public Interest Information and Complaint Procedures › Section 555.004. Assistance With Complaint

Sec. 555.004.  ASSISTANCE WITH COMPLAINT.  The board shall provide reasonable assistance to a person who wants to file a complaint with 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 555 - Public Interest Information and Complaint Procedures › Section 555.005. Records of Complaints

Sec. 555.005.  RECORDS OF COMPLAINTS.  For each complaint received by the board, the board shall maintain information about parties to the complaint, including the complainant's identity, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 11, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 522 (S.B. 404), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 555 - Public Interest Information and Complaint Procedures › Section 555.006. Notification Concerning Complaint

Sec. 555.006.  NOTIFICATION CONCERNING COMPLAINT.  (a)  The board shall notify the complainant not later than the 30th day after the date the board receives the complaint and shall provide an estimated time for resolution of the complaint.
(b)  If a written complaint is filed with the board that the board has authority to resolve, the board, at least every four months and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
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 555 - Public Interest Information and Complaint Procedures › Section 555.007. General Rules Regarding Complaint Investigation and Disposition

Sec. 555.007.  GENERAL RULES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The board shall adopt policies and procedures concerning the investigation of a complaint filed with the board.  The policies and procedures must:
(1)  determine the seriousness of the complaint;
(2)  ensure that a complaint is not closed without appropriate consideration;
(3)  ensure that a letter is sent to the person who filed the complaint explaining the action taken on the complaint;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;
(5)  prescribe guidelines concerning the types of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and
(6)  allow appropriate employees of the board to dismiss a complaint if an investigation shows that:
(A)  no violation occurred; or
(B)  the subject of the complaint is outside the board's jurisdiction.
(b)  The board shall:
(1)  dispose of a complaint in a timely manner;  and
(2)  establish a schedule for conducting each phase of the investigation or disposition that is under the control of the board.
(c)  At each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting.
(d)  The board may not consider or act on a complaint involving a violation alleged to have occurred more than seven years before the date the complaint is received by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 12, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 522 (S.B. 404), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 555 - Public Interest Information and Complaint Procedures › Section 555.008. Notice to Board Concerning Complaints

Sec. 555.008.  NOTICE TO BOARD CONCERNING COMPLAINTS.  (a)  The executive director shall notify the board of the number of complaints that are unresolved after two years after the date of the filing of the complaint.  The executive director shall provide the board with an explanation of the reason that a complaint has not been resolved.
(b)  The executive director shall provide the notice and explanation required under Subsection (a) periodically at regularly scheduled board meetings.
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 555 - Public Interest Information and Complaint Procedures › Section 555.009. Public Participation

Sec. 555.009.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on an issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the board's 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 555 - Public Interest Information and Complaint Procedures › Section 555.010. Confidentiality

Sec. 555.010.  CONFIDENTIALITY.  The identity of a person who reports to or assists the board under Section 555.002(c) and a document that could disclose the identity of that person are confidential and are not considered public information for the purposes of Chapter 552, Government Code.
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 555 - Public Interest Information and Complaint Procedures › Section 555.011. Immunity

Sec. 555.011.  IMMUNITY.  (a)  A person who provides information or assistance under Section 555.002(c) is immune from civil liability arising from providing the information or assistance.
(b)  Subsection (a) shall be liberally construed to accomplish the purposes of this chapter, and the immunity provided under that subsection is in addition to any other immunity provided by law.
(c)  A person who provides information or assistance to the board under this chapter is presumed to have acted in good faith.  A person who alleges a lack of good faith has the burden of proof on that issue.
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 555 - Public Interest Information and Complaint Procedures › Section 555.012. Counterclaim or Suit

Sec. 555.012.  COUNTERCLAIM OR SUIT.  (a)  A person who provides information or assistance under Section 555.002(c) and who is named as a defendant in a civil action filed as a result of the information or assistance may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined to be frivolous, unreasonable, without foundation, or brought in bad faith.
(b)  A board employee or member or an agent of the board who is named as a defendant in a civil action filed as a result of an action taken in the person's official capacity or in the course and scope of employment may file a counterclaim in a pending action or may prove a cause of action in a subsequent suit to recover defense costs, including court costs, attorney's fees, and damages incurred as a result of the civil action, if the plaintiff's original suit is determined to be frivolous, unreasonable, without foundation, or brought in bad faith.
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 A. General Provisions › Section 556.001. Definition

Sec. 556.001.  DEFINITION.  In this chapter, "facility" means a place:
(1)  for which an application has been made for a pharmacy license under this subtitle;
(2)  at which a pharmacy licensed under this subtitle is located;
(3)  at which a pharmacy is being operated in violation of this subtitle;  or
(4)  where the practice of pharmacy occurs.
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 B. Inspections › Section 556.051. Authorization to Enter and Inspect

Sec. 556.051.  AUTHORIZATION TO ENTER AND INSPECT.  (a)  The board or a representative of the board may enter and inspect a facility relative to the following:
(1)  drug storage and security;
(2)  equipment;
(3)  components used in compounding, finished and unfinished products, containers, and labeling of any item;
(4)  sanitary conditions;
(5)  records, reports, or other documents required to be kept or made under this subtitle, Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or rules adopted under one of those laws; or
(6)  subject to Subsection (b), financial records relating to the operation of the facility.
(b)  The board or a representative of the board may inspect financial records under Subsection (a) only in the course of the investigation of a specific complaint.  The board or representative may inspect only records related to the specific complaint.  The inspection is subject to Section 565.055.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 2, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.052. Requirements Before Entry and Inspection

Sec. 556.052.  REQUIREMENTS BEFORE ENTRY AND INSPECTION.  (a)  Before an entry and inspection of the facility, the person authorized to represent the board must:
(1)  state the purpose for the inspection;  and
(2)  present to the owner, pharmacist, or agent in charge of the facility:
(A)  appropriate credentials;  and
(B)  written notice of the authority for the inspection.
(b)  If an inspection is required by or is supported by an administrative inspection warrant, the warrant is the notice for purposes of Subsection (a)(2)(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 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.053. Extent of Inspection; Confidentiality

Sec. 556.053.  EXTENT OF INSPECTION; CONFIDENTIALITY.  (a)  Except as otherwise provided in an inspection warrant, the person authorized to represent the board may:
(1)  inspect and copy documents, including records or reports, required to be kept or made under this subtitle, Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) or rules adopted under one of those laws;
(2)  inspect, within reasonable limits and in a reasonable manner, a facility's storage, equipment, security, prescription drugs or devices, components used in compounding, finished and unfinished products, or records; or
(3)  perform an inventory of any stock of prescription drugs or devices, components used in compounding, or finished and unfinished products in a facility and obtain samples of those substances.
(b)  Reports, records, formulas, and test results of samples of products compounded by pharmacies obtained by the board may be provided to the pharmacy that compounded the product but otherwise are confidential and do not constitute public information for purposes of Chapter 552, Government Code.  The board may create, use, or disclose statistical information from the test results of samples of compounded products.
(c)  The board may disclose information confidential under Subsection (b):
(1)  in a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;
(2)  to a pharmacist licensing or disciplinary authority of another jurisdiction; or
(3)  under a court order.
(d)  The board shall require a pharmacy to recall a compounded product and may release the results of the tests of the samples of the compounded product if the board determines that:
(1)  the test results indicate a patient safety problem that may involve potential harm to a patient; and
(2)  the release of the test results is necessary to protect the public.
(e)  The board shall release the test results described by Subsection (d) if a pharmacy is unable to or does not recall the compounded product within 48 hours after the board's request under that subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 785 (S.B. 1127), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.054. Confidentiality of Certain Information

Sec. 556.054.  CONFIDENTIALITY OF CERTAIN INFORMATION.  The following information obtained by the board during an inspection of a facility is confidential and not subject to disclosure under Chapter 552, Government Code:
(1)  financial data;
(2)  sales data, other than shipment data; and
(3)  pricing data.
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. 4, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.055. Inspections With Warning Notice

Sec. 556.055.  INSPECTIONS WITH WARNING NOTICE.  Before a complaint may be filed with the board as the result of a written warning notice that is issued during an inspection authorized by this chapter and that lists a specific violation of this subtitle or a rule adopted under this subtitle, the license holder must be given a reasonable time, as determined by the board, to comply with this subtitle or rules adopted 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 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.0551. Inspection of Licensed Nonresident Pharmacy

Sec. 556.0551.  INSPECTION OF LICENSED NONRESIDENT PHARMACY.  (a)  The board may inspect a nonresident pharmacy licensed by the board that compounds sterile preparations as necessary to ensure compliance with the safety standards and other requirements of this subtitle and board rules.
(b)  A nonresident pharmacy shall reimburse the board for all expenses, including travel, incurred by the board in inspecting the pharmacy as provided by Subsection (a).
Added by Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter B. Inspections › Section 556.056. Code of Professional Responsibility

Sec. 556.056.  CODE OF PROFESSIONAL RESPONSIBILITY.  (a)  The board shall adopt a code of professional responsibility to regulate the conduct of a representative of the board authorized to inspect and survey a pharmacy.
(b)  The code must contain:
(1)  a procedure to be followed by a person authorized to represent the board:
(A)  on entering a pharmacy;
(B)  during inspection of the pharmacy;  and
(C)  during an exit conference;  and
(2)  standards of conduct that the person must follow in dealing with the staff and management of the pharmacy and the public.
(c)  The board shall establish a procedure for receiving and investigating a complaint of a code violation.  The board shall investigate each complaint of a code violation.  The board shall forward results of an investigation to the complainant.
(d)  The board may adopt rules establishing sanctions for code violations.
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 B. Inspections › Section 556.057. Inspection of Pharmacist Records

Sec. 556.057.  INSPECTION OF PHARMACIST RECORDS.  A pharmacist shall provide to the board, on request, records of the pharmacist's practice that occurs outside of a pharmacy.  The pharmacist shall provide the records at a time specified by board rule.
Added by Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 556 - Administrative Inspections and Warrants › Subchapter C. Warrants › Section 556.101. Warrant Not Required

Sec. 556.101.  WARRANT NOT REQUIRED.  A warrant is not required under this chapter to:
(1)  inspect books or records under an administrative subpoena issued under this subtitle;  or
(2)  enter a facility or conduct an administrative inspection of a facility if:
(A)  the owner, pharmacist, or agent in charge of the facility consents to the inspection;
(B)  the situation presents imminent danger to the public health and safety;
(C)  the situation involves inspection of a conveyance, if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;  or
(D)  any other exceptional situation or emergency exists involving an act of God or natural disaster in which time or opportunity to apply for a warrant is lacking.
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 556.102. Compliance With Chapter

Sec. 556.102.  COMPLIANCE WITH CHAPTER.  An administrative inspection warrant may be issued and executed only in accordance with this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.