reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.103. Display of Licenses by Pharmacy

Sec. 562.103.  DISPLAY OF LICENSES BY PHARMACY.  (a)  A pharmacy shall display in the pharmacy in full public view the license under which the pharmacy operates.
(b)  A Class A or Class C pharmacy that serves the public shall:
(1)  display the word "pharmacy" or a similar word or symbol as determined by the board in a prominent place on the front of the pharmacy; and
(2)  display in public view the license of the pharmacist-in-charge of the pharmacy.
(c)  A pharmacy shall maintain and make available to the public on request proof that each pharmacist, pharmacist-intern, pharmacy technician, and pharmacist technician trainee working in the pharmacy holds the appropriate license or registration.
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. 14, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.104. Toll-Free Telephone Number Required

Sec. 562.104.  TOLL-FREE TELEPHONE NUMBER REQUIRED.  A pharmacy whose primary business is to dispense a prescription drug or device under a prescription drug order to a patient located outside the area covered by the pharmacy's telephone area code shall provide a toll-free telephone line that is answered during normal business hours to enable communication between a patient or the patient's physician and a pharmacist at the pharmacy who has access to the patient'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 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.1045. Linking Internet Sites

Sec. 562.1045.  LINKING INTERNET SITES.  (a)  This section applies only to a pharmacy that:
(1)  maintains a generally accessible Internet site;  and
(2)  sells or distributes drugs through the Internet.
(b)  A pharmacy subject to this section shall link its site to the Internet site maintained by the board.  The link must be:
(1)  on the pharmacy's initial home page;  and
(2)  if the pharmacy sells drugs through its site, on the page where the sale occurs.
(c)  A pharmacy subject to this section shall post:
(1)  on its initial home page general information on how to file a complaint about the pharmacy with the board; and
(2)  specific information on how to file a complaint with the board not more than two links away from its initial home page.
(d)  Information under Subsection (c) must include the board's telephone number, mailing address, and Internet website address.
Added by Acts 2001, 77th Leg., ch. 972, Sec. 3, eff. Nov. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 23, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.105. Maintenance of Records

Sec. 562.105.  MAINTENANCE OF RECORDS.  A pharmacy shall maintain a permanent record of:
(1)  any civil litigation initiated against the pharmacy by a resident of this state;  or
(2)  a complaint that arises out of a prescription for a resident of this state that was lost during delivery.
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 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.106. Notification

Sec. 562.106.  NOTIFICATION.
(a)  A pharmacy shall report in writing to the board not later than the 10th day after the date of:
(1)  a permanent closing of the pharmacy;
(2)  a change of ownership of the pharmacy;
(3)  a change of the person designated as the pharmacist-in-charge of the pharmacy;
(4)  a sale or transfer of any controlled substance or dangerous drug as a result of the permanent closing or change of ownership of the pharmacy;
(5)  any matter or occurrence that the board requires by rule to be reported;
(6)  as determined by the board, an out-of-state purchase of any controlled substance;
(7)  a final order against the pharmacy license holder by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is located in another state; or
(8)  a final order against a pharmacist who is designated as the pharmacist-in-charge of the pharmacy by the regulatory or licensing agency of the state in which the pharmacy is located if the pharmacy is located in another state.
(a-1)  A pharmacy shall report in writing to the board not later than the 30th day before the date of a change of location of the pharmacy.
(b)  A pharmacy shall report in writing to the board a theft or significant loss of any controlled substance immediately on discovery of the theft or loss.  The pharmacy shall include with the report a list of all controlled substances stolen or lost.
(c)  A pharmacy shall report in writing to the board a disaster, accident, or emergency that may affect the strength, purity, or labeling of a drug, medication, device, or other material used in the diagnosis or treatment of injury, illness, or disease, immediately on the occurrence of the disaster, accident, or emergency.
(d)  The reporting pharmacy shall maintain a copy of any notification required by this section or Section 562.053 for two years and make the copy available for inspection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 599 (S.B. 460), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.107. Written Consumer Information Required

Sec. 562.107.  WRITTEN CONSUMER INFORMATION REQUIRED.  (a)  Each pharmacy shall make available to a consumer written information designed for the consumer that provides at a minimum:
(1)  the therapeutic use of a drug;  and
(2)  the names of generically equivalent drugs.
(b)  The information must be in a conspicuous location that is easily accessible to pharmacy customers.  The information shall be periodically updated, as necessary, to reflect a change in the information.
(c)  On request by a consumer, the pharmacy shall make available to the consumer the cost index ratio of the prescribed drug and any generic equivalents of the prescribed drug.
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 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.108. Emergency Medication Kits

Sec. 562.108.  EMERGENCY MEDICATION KITS.  (a)  A Class A or Class C pharmacy, or a Class E pharmacy located not more than 20 miles from any institution in this state that is licensed under Chapter 242 or 252, Health and Safety Code, may maintain controlled substances and dangerous drugs in an emergency medication kit used at an institution licensed under those chapters.  A United States Department of Veterans Affairs pharmacy or another federally operated pharmacy may maintain controlled substances and dangerous drugs in an emergency medication kit used at an institution licensed under Chapter 242, Health and Safety Code, that is a veterans home, as defined by Section 164.002, Natural Resources Code.  The controlled substances and dangerous drugs may be used only for the emergency medication needs of a resident at the institution.  A Class E pharmacy may not maintain drugs in an emergency medication kit for an institution that is located more than 20 miles from a pharmacy.
(b)  The board shall adopt rules relating to emergency medication kits, including:
(1)  the amount and type of dangerous drugs and controlled substances that may be maintained in an emergency medication kit;
(2)  procedures regarding the use of drugs from an emergency medication kit;
(3)  recordkeeping requirements;  and
(4)  security requirements.
Added by Acts 2001, 77th Leg., ch. 1254, Sec. 8, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 582, Sec. 1, eff. June 20, 2003;  Acts 2003, 78th Leg., ch. 914, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.006, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.1085. Unused Drugs Returned by Certain Pharmacists

Sec. 562.1085.  UNUSED DRUGS RETURNED BY CERTAIN PHARMACISTS.  (a)  A pharmacist who practices in or serves as a consultant for a health care facility or a licensed health care professional responsible for administration of drugs in a penal institution, as defined by Section 1.07, Penal Code, in this state may return to a pharmacy certain unused drugs, other than a controlled substance as defined by Chapter 481, Health and Safety Code, purchased from the pharmacy as provided by board rule.  The unused drugs must:
(1)  be approved by the federal Food and Drug Administration and be:
(A)  sealed in unopened tamper-evident packaging and either individually packaged or packaged in unit-dose packaging;
(B)  oral or parenteral medication in sealed single-dose containers approved by the federal Food and Drug Administration;
(C)  topical or inhalant drugs in sealed units-of-use containers approved by the federal Food and Drug Administration; or
(D)  parenteral medications in sealed multiple-dose containers approved by the federal Food and Drug Administration from which doses have not been withdrawn; and
(2)  not be the subject of a mandatory recall by a state or federal agency or a voluntary recall by a drug seller or manufacturer.
(b)  A pharmacist for the pharmacy shall examine a drug returned under this section to ensure the integrity of the drug product.  A health care facility or penal institution may not return a drug that:
(1)  has been compounded;
(2)  appears on inspection to be adulterated;
(3)  requires refrigeration; or
(4)  has less than 120 days until the expiration date or end of the shelf life.
(c)  The pharmacy may restock and redistribute unused drugs returned under this section.
(d)  The pharmacy shall reimburse or credit the state Medicaid program for an unused drug returned under this section.
(e)  The board shall adopt the rules, policies, and procedures necessary to administer this section, including rules that require a health care facility to inform the Health and Human Services Commission of medicines returned to a pharmacy under this section.
(f)  The tamper-evident packaging required under Subsection (a)(1) for the return of unused drugs is not required to be the manufacturer's original packaging unless that packaging is required by federal law.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.126, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 321, Sec. 1, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 349 (S.B. 1188), Sec. 14, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 820 (S.B. 1896), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.1086. Limitation on Liability

Sec. 562.1086.  LIMITATION ON LIABILITY.  (a)  A pharmacy that returns unused drugs and a manufacturer that accepts the unused drugs under Section 562.1085 and the employees of the pharmacy or manufacturer are not liable for harm caused by the accepting, dispensing, or administering of drugs returned in strict compliance with Section 562.1085 unless the harm is caused by:
(1)  wilful or wanton acts of negligence;
(2)  conscious indifference or reckless disregard for the safety of others;  or
(3)  intentional conduct.
(b)  This section does not limit, or in any way affect or diminish, the liability of a drug seller or manufacturer under Chapter 82, Civil Practice and Remedies Code.
(c)  This section does not apply if harm results from the failure to fully and completely comply with the requirements of Section 562.1085.
(d)  This section does not apply to a pharmacy or manufacturer that fails to comply with the insurance provisions of Chapter 84, Civil Practice and Remedies Code.
Added by Acts 2003, 78th Leg., ch. 198, Sec. 2.126, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 321, Sec. 1, eff. June 18, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.109. Automated Pharmacy Systems

Sec. 562.109.  AUTOMATED PHARMACY SYSTEMS.  (a)  In this section, "automated pharmacy system" means a mechanical system that:
(1)  dispenses prescription drugs;  and
(2)  maintains related transaction information.
(b)  A Class A or Class C pharmacy may provide pharmacy services through an automated pharmacy system in a facility that is not at the same location as the Class A or Class C pharmacy.  The pharmacist in charge of the Class A or Class C pharmacy is responsible for filling and loading the storage containers for medication stored in bulk at the facility.
(c)  An automated pharmacy system is required to be under the continuous supervision of a pharmacist as determined by board rule.  To qualify as continuous supervision for an automated pharmacy system, the pharmacist is not required to be physically present at the site of the automated pharmacy system and may supervise the system electronically.
(d)  An automated pharmacy system may be located only at a health care facility regulated by the state.
(e)  The board shall adopt rules regarding the use of an automated pharmacy system under this section, including:
(1)  the types of health care facilities at which an automated pharmacy system may be located, which shall include a facility regulated under Chapter 142, 242, or 252, Health and Safety Code;
(2)  recordkeeping requirements;  and
(3)  security requirements.
Added by Acts 2001, 77th Leg., ch. 92, Sec. 1, eff. May 11, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter C. Practice by Pharmacy › Section 562.112. Practitioner-Patient Relationship Required

Sec. 562.112.  PRACTITIONER-PATIENT RELATIONSHIP REQUIRED.  (a)  A pharmacy shall ensure that its agents and employees, before dispensing a prescription, determine in the exercise of sound professional judgment that the prescription is a valid prescription.  A pharmacy may not dispense a prescription drug if an agent or employee of the pharmacy knows or should know that the prescription was issued on the basis of an Internet-based or telephonic consultation without a valid practitioner-patient relationship.
(b)  Subsection (a) does not prohibit a pharmacy from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency.
Added by Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 22, eff. September 1, 2005.
Renumbered from Occupations Code, Section 562.111 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(58), eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.151. Definitions

Sec. 562.151.  DEFINITIONS.  In this subchapter:
(1)  "Office use" means the provision and administration of a compounded drug to a patient by a practitioner in the practitioner's office or by the practitioner in a health care facility or treatment setting, including a hospital, ambulatory surgical center, or pharmacy in accordance with Chapter 563.
(2)  "Prepackaging" means the act of repackaging and relabeling quantities of drug products from a manufacturer's original container into unit dose packaging or a multiple dose container for distribution within a facility licensed as a Class C pharmacy or to other pharmacies under common ownership for distribution within those facilities.  The term as defined does not prohibit the prepackaging of drug products for use within other pharmacy classes.
(3)  "Reasonable quantity" with reference to drug compounding means an amount of a drug that:
(A)  does not exceed the amount a practitioner anticipates may be used in the practitioner's office before the expiration date of the drug;
(B)  is reasonable considering the intended use of the compounded drug and the nature of the practitioner's practice; and
(C)  for any practitioner and all practitioners as a whole, is not greater than an amount the pharmacy is capable of compounding in compliance with pharmaceutical standards for identity, strength, quality, and purity of the compounded drug that are consistent with United States Pharmacopoeia guidelines and accreditation practices.
Added by Acts 2003, 78th Leg., ch. 890, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.152. Compounding for Office Use

Sec. 562.152.  COMPOUNDING FOR OFFICE USE.  A pharmacy may dispense and deliver a reasonable quantity of a compounded drug to a practitioner for office use by the practitioner in accordance with this chapter.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.153. Requirements for Office Use Compounding

Sec. 562.153.  REQUIREMENTS FOR OFFICE USE COMPOUNDING.  To dispense and deliver a compounded drug under Section 562.152, a pharmacy must:
(1)  verify the source of the raw materials to be used in a compounded drug;
(2)  comply with applicable United States Pharmacopoeia guidelines, including the testing requirements, and the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191);
(3)  comply with all applicable competency and accrediting standards as determined by the board; and
(4)  comply with board rules, including rules regarding the reporting of adverse events by practitioners and recall procedures for compounded products.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.154. Distribution of Compounded and Prepackaged Products to Certain Pharmacies

Sec. 562.154.  DISTRIBUTION OF COMPOUNDED AND PREPACKAGED PRODUCTS TO CERTAIN PHARMACIES.  (a)  A Class A pharmacy licensed under Chapter 560 is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute compounded pharmaceutical products to a Class C pharmacy licensed under Chapter 560.
(b)  A Class C pharmacy licensed under Chapter 560 is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute compounded and prepackaged pharmaceutical products that the Class C pharmacy has compounded or prepackaged to other Class C pharmacies licensed under Chapter 560 and under common ownership.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.155. Compounding Service and Compounded Drug Products

Sec. 562.155.  COMPOUNDING SERVICE AND COMPOUNDED DRUG PRODUCTS.  A compounding pharmacist or pharmacy may advertise or promote:
(1)  nonsterile prescription compounding services provided by the pharmacist or pharmacy; and
(2)  specific compounded drug products that the pharmacy or pharmacist dispenses or delivers.
Amended by:
Acts 2005, 79th Leg., Ch. 28 (S.B. 492), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 562 - Practice by License Holder › Subchapter D. Compounded and Prepackaged Drugs › Section 562.156. Compounded Sterile Preparation; Notice to Board

Sec. 562.156.  COMPOUNDED STERILE PREPARATION; NOTICE TO BOARD.  (a)  A pharmacy may not compound and dispense a sterile preparation unless the pharmacy holds a license as required by board rule.
(b)  A pharmacy that compounds a sterile preparation shall notify the board:
(1)  immediately of any adverse effects reported to the pharmacy or that are known by the pharmacy to be potentially attributable to a sterile preparation compounded by the pharmacy; and
(2)  not later than 24 hours after the pharmacy issues a recall for a sterile preparation compounded by the pharmacy.
Added by Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 563 - Prescription Requirements; Delegation of Administration and Provision of Dangerous Drugs › Subchapter B. Delegation of Administration and Provision of Dangerous Drugs › Section 563.051. General Delegation of Administration and Provision of Dangerous Drugs

Sec. 563.051.  GENERAL DELEGATION OF ADMINISTRATION AND PROVISION OF DANGEROUS DRUGS.  (a)  A physician may delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs in the physician's office, as ordered by the physician, that are used or required to meet the immediate needs of the physician's patients.  The administration or provision of the dangerous drugs must be performed in compliance with laws relating to the practice of medicine and state and federal laws relating to those dangerous drugs.
(b)  A physician may also delegate to any qualified and properly trained person acting under the physician's supervision the act of administering or providing dangerous drugs through a facility licensed by the board, as ordered by the physician, that are used or required to meet the needs of the physician's patients.  The administration of those dangerous drugs must be in compliance with laws relating to the practice of medicine, professional nursing, and pharmacy and state and federal drug laws.  The provision of those dangerous drugs must be in compliance with:
(1)  laws relating to the practice of medicine, professional nursing, and pharmacy;
(2)  state and federal drug laws;  and
(3)  rules adopted by the board.
(c)  The administration or provision of the drugs may be delegated through a physician's order, a standing medical order, a standing delegation order, or another order defined by the Texas State Board of Medical Examiners.
(d)  This section does not authorize a physician or a person acting under the supervision of a physician to keep a pharmacy, advertised or otherwise, for the retail sale of dangerous drugs, other than as authorized under Section 158.003, without complying with the applicable laws relating to the dangerous drugs.
(e)  A practitioner may designate a licensed vocational nurse or a person having education equivalent to or greater than that required for a licensed vocational nurse to communicate the prescriptions of an advanced practice nurse or physician assistant authorized by the practitioner to sign prescription drug orders under Subchapter B, Chapter 157.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.308(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 563 - Prescription Requirements; Delegation of Administration and Provision of Dangerous Drugs › Subchapter B. Delegation of Administration and Provision of Dangerous Drugs › Section 563.052. Suitable Container Required

Sec. 563.052.  SUITABLE CONTAINER REQUIRED.  A drug or medicine provided under this subchapter must be supplied in a suitable container labeled in compliance with applicable drug laws.  A qualified and trained person, acting under the supervision of a physician, may specify at the time of the provision of the drug the inclusion on the container of the date of the provision and the patient's name and address.
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 563 - Prescription Requirements; Delegation of Administration and Provision of Dangerous Drugs › Subchapter B. Delegation of Administration and Provision of Dangerous Drugs › Section 563.053. Dispensing of Dangerous Drugs in Certain Rural Areas

Sec. 563.053.  DISPENSING OF DANGEROUS DRUGS IN CERTAIN RURAL AREAS.  (a)  In this section, "reimbursement for cost" means an additional charge, separate from that imposed for the physician's professional services, that includes the cost of the drug product and all other actual costs to the physician incidental to providing the dispensing service.  The term does not include a separate fee imposed for the act of dispensing the drug itself.
(b)  This section applies to an area located in a county with a population of 5,000 or less, or in a municipality or an unincorporated town with a population of less than 2,500, that is within a 15-mile radius of the physician's office and in which a pharmacy is not located.  This section does not apply to a municipality or an unincorporated town that is adjacent to a municipality with a population of 2,500 or more.
(c)  A physician who practices medicine in an area described by Subsection (b) may:
(1)  maintain a supply of dangerous drugs in the physician's office to be dispensed in the course of treating the physician's patients;  and
(2)  be reimbursed for the cost of supplying those drugs without obtaining a license under Chapter 558.
(d)  A physician who dispenses dangerous drugs under Subsection (c) shall:
(1)  comply with each labeling provision under this subtitle applicable to that class of drugs;  and
(2)  oversee compliance with packaging and recordkeeping provisions applicable to that class of drugs.
(e)  A physician who desires to dispense dangerous drugs under this section shall notify both the board and the Texas State Board of Medical Examiners that the physician practices in an area described by Subsection (b).  The physician may continue to dispense dangerous drugs in the area until the board determines, after notice and hearing, that the physician no longer practices in an area described by Subsection (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 563 - Prescription Requirements; Delegation of Administration and Provision of Dangerous Drugs › Subchapter B. Delegation of Administration and Provision of Dangerous Drugs › Section 563.054. Administration of Dangerous Drugs

Sec. 563.054.  ADMINISTRATION OF DANGEROUS DRUGS.  (a)  A veterinarian may:
(1)  administer or provide dangerous drugs to a patient in the veterinarian's office, or on the patient's premises, if the drugs are used or required to meet the needs of the veterinarian's patients;
(2)  delegate the administration or provision of dangerous drugs to a person who:
(A)  is qualified and properly trained;  and
(B)  acts under the veterinarian's supervision;  and
(3)  itemize and receive compensation for the administration or provision of the dangerous drugs under Subdivision (1).
(b)  This section does not permit a veterinarian to maintain a pharmacy for the retailing of drugs without complying with applicable laws.
(c)  The administration or provision of dangerous drugs must comply with:
(1)  laws relating to the practice of veterinary medicine;  and
(2)  state and federal laws relating to dangerous 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 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.001. Reports

Sec. 564.001.  REPORTS.  (a)  An individual or entity, including a pharmaceutical peer review committee, who has knowledge relating to an action or omission of a pharmacist in this state or a pharmacy student who is enrolled in the professional sequence of an accredited pharmacy degree program approved by the board that might provide grounds for disciplinary action under Section 565.001(a)(4) or (7) may report relevant facts to the board.
(b)  A committee of a professional society composed primarily of pharmacists, the staff of the committee, or a district or local intervenor participating in a program established to aid pharmacists or pharmacy students impaired by chemical abuse or mental or physical illness may report in writing to the board the name of an impaired pharmacist or pharmacy student and the relevant information relating to the impairment.
(c)  The board may report to a committee of the professional society or the society's designated staff information that the board receives relating to a pharmacist or pharmacy student who may be impaired by chemical abuse or mental or physical illness.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.002. Confidentiality

Sec. 564.002.  CONFIDENTIALITY.  (a)  All records and proceedings of the board, an authorized agent of the board, or a pharmaceutical organization committee relating to the administration of this chapter are confidential and are not considered public information for purposes of Chapter 552, Government Code.  Records considered confidential under this section include:
(1)  information relating to a report made under Section 564.001, including the identity of the individual or entity making the report;
(2)  the identity of an impaired pharmacist or pharmacy student participating in a program administered under this chapter, except as provided by Section 564.003;
(3)  a report, interview, statement, memorandum, evaluation, communication, or other information possessed by the board, an authorized agent of the board, or a pharmaceutical organization committee, related to a potentially impaired pharmacist or pharmacy student;
(4)  a policy or procedure of an entity that contracts with the board relating to personnel selection; and
(5)  a record relating to the operation of the board, an authorized agent of the board, or a pharmaceutical organization committee, as the record relates to a potentially impaired pharmacist or pharmacy student.
(b)  A record or proceeding described by this section is not subject to disclosure, subpoena, or discovery, except to a member of the board or an authorized agent of the board involved in the discipline of an applicant or license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.003. Disclosure of Certain Information

Sec. 564.003.  DISCLOSURE OF CERTAIN INFORMATION.  (a)  The board may disclose information confidential under Section 564.002 only:
(1)  during a proceeding conducted by the State Office of Administrative Hearings, the board, or a panel of 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;
(3)  under a court order;
(4)  to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, if the information is necessary for preparation for, or a presentation in, the proceeding; or
(5)  as provided by Subsection (b).
(a-1)  Information that is disclosed under Subsection (a) remains confidential and is not subject to discovery or subpoena in a civil suit and may not be introduced as evidence in any action other than an appeal of a board action.
(a-2)  Information that is confidential under Section 564.002 and that is admitted under seal in a proceeding conducted by the State Office of Administrative Hearings is confidential information for the purpose of a subsequent trial or appeal.
(b)  The board may disclose that the license of a pharmacist who is the subject of an order of the board that is confidential under Section 564.002 is suspended, revoked, canceled, restricted, or retired or that the pharmacist is in any other manner limited in the practice of pharmacy.  The board may not disclose the nature of the impairment or other information that resulted in the board's action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(a-1), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.004. Immunity

Sec. 564.004.  IMMUNITY.  (a)  Any person, including a board employee or member, peer review committee member, pharmaceutical organization committee member, or pharmaceutical organization district or local intervenor, who provides information, reports, or records under Section 564.001 to aid an impaired pharmacist or pharmacy student is immune from civil liability if the person provides the information in good faith.
(b)  Subsection (a) shall be liberally construed to accomplish the purposes of this subchapter, 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 subchapter 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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 923 (S.B. 1438), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.005. Record of Report

Sec. 564.005.  RECORD OF REPORT.  On a determination by the board that a report submitted by a peer review committee or pharmaceutical organization committee under Section 564.001(a) or (b) is without merit, the board shall expunge the report from the pharmacist's or pharmacy student's individual record in the board's office.
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 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter A. Reporting and Confidentiality › Section 564.006. Examination of Report

Sec. 564.006.  EXAMINATION OF REPORT.  A pharmacist, a pharmacy student, or an authorized representative of the pharmacist or student is entitled on request to examine the peer review or the pharmaceutical organization committee report submitted to the board and to place into the record a statement of reasonable length of the pharmacist's or pharmacy student's view concerning information in the report.
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 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter B. Program Administration › Section 564.051. Program Authorization; Funding

Sec. 564.051.  PROGRAM AUTHORIZATION;  FUNDING.  (a)  The board may add a surcharge of not more than $10 for each 12 months in a license period to a license or license renewal fee authorized under this subtitle to fund a program to aid impaired pharmacists and pharmacy students.
(b)  The board may accept, transfer, and spend funds from the federal or state government, from another public source, or from a private source to be used in the program authorized by this section.
(c)  Funds and surcharges collected under this section shall be deposited in the general revenue fund and may only be used by the board to administer the program authorized by this section, including providing for initial evaluation and referral of an impaired pharmacist or pharmacy student by a qualified health professional and paying the administrative costs incurred by the board in connection with that funding.  The money may not be used for costs incurred for treatment or rehabilitation after initial evaluation and referral.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.309(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 24, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter B. Program Administration › Section 564.052. Rules or Criteria

Sec. 564.052.  RULES OR CRITERIA.  In administering and enforcing this subchapter, the board shall adopt rules or minimum criteria that are at least as strict as the rules or minimum criteria for the administration or enforcement of a peer assistance program adopted by the Texas Commission on Alcohol and Drug Abuse under Chapter 467, Health and Safety 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 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.101. Definitions

Sec. 564.101.  DEFINITIONS.  In this subchapter:
(1)  "Pharmacy peer review committee" means:
(A)  a pharmacy peer review, judicial, or grievance committee of a pharmacy society or association that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care;  or
(B)  a pharmacy peer review committee established by a person who owns a pharmacy or employs pharmacists that is authorized to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care.
(2)  "Pharmacy society or association" means a membership organization of pharmacists that is incorporated under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) or that is exempt from the payment of federal income taxes under Section 501(c) of the Internal Revenue Code of 1986.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.102. Pharmacy Peer Review Committee

Sec. 564.102.  PHARMACY PEER REVIEW COMMITTEE.  (a)  A pharmacy peer review committee may be established to evaluate the quality of pharmacy services or the competence of pharmacists and suggest improvements in pharmacy systems to enhance patient care.
(b)  The committee may review documentation of quality-related activities in a pharmacy, assess system failures and personnel deficiencies, determine facts, and make recommendations or issue decisions in a written report that can be used for continuous quality improvement purposes.
(c)  A pharmacy peer review committee includes the members, employees, and agents of the committee, including assistants, investigators, attorneys, and any other agent that serves the committee in any capacity.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.103. Confidentiality

Sec. 564.103.  CONFIDENTIALITY.  (a)  Except as otherwise provided by this subchapter, all proceedings and records of a pharmacy peer review committee are confidential and all communications made to a pharmacy peer review committee are privileged.
(b)  If a court makes a preliminary finding that a proceeding, record, or communication described by Subsection (a) is relevant to an anticompetitive action or an action brought under federal civil rights provisions under 42 U.S.C. Section 1983, then the proceeding, record, or communication is not confidential to the extent it is considered to be relevant.
(c)  The final report of, and any written or oral communication made to, a pharmacy peer review committee and the records and proceedings of the committee may be disclosed to another pharmacy peer review committee, appropriate state or federal agencies, national accreditation bodies, or the state board of registration or licensure of this or any other state.
(d)  Disclosure to the affected pharmacist of confidential pharmacy peer review committee information pertinent to the matter under review does not constitute waiver of the confidentiality provisions provided by this section.
(e)  If a pharmacy peer review committee takes action that could result in censure, license suspension, restriction, limitation, or revocation by the board or denial of membership or privileges in a health care entity, the affected pharmacist must be provided a written copy of the recommendation of the pharmacy peer review committee and a copy of the pharmacy peer review committee's final decision, including a statement of the basis for the decision.
(f)  Unless disclosure is required or authorized by law, records or determinations of, or communications to, a pharmacy peer review committee are not subject to subpoena or discovery and are not admissible as evidence in any civil, judicial, or administrative proceeding without waiver of the privilege of confidentiality executed in writing by the committee.  The evidentiary privilege created by this section may be invoked by any person or organization in any civil, judicial, or administrative proceeding unless the person or organization has secured a waiver of the privilege executed in writing by the presiding officer, assistant presiding officer, or secretary of the affected pharmacy peer review committee.
(g)  Reports, information, or records received and maintained by the board under this subchapter are considered investigative files and are confidential and may only be released as specified in Section 565.055.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.104. Use of Information in Civil and Criminal Actions

Sec. 564.104.  USE OF INFORMATION IN CIVIL AND CRIMINAL ACTIONS.  (a)  If a pharmacy peer review committee, a person participating in peer review, or any organization named as a defendant in any civil action filed as a result of participation in peer review may use otherwise confidential information in the committee's, person's, or organization's own defense or in a claim or suit under Section 564.106(b), a plaintiff in the proceeding may disclose records or determinations of, or communications to, a peer review committee in rebuttal to information supplied by the defendant.
(b)  Any person seeking access to privileged information must plead and prove waiver of the privilege.
(c)  A member, employee, or agent of a pharmacy peer review committee who provides access to otherwise privileged communications or records in cooperation with a law enforcement authority in a criminal investigation is not considered to have waived any privilege established under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.105. Compliance With Subpoena

Sec. 564.105.  COMPLIANCE WITH SUBPOENA.  All persons, including governing bodies and medical staffs of health care entities, shall comply fully with a subpoena issued by the board for documents or information as otherwise authorized by law.  The disclosure of documents or information under the subpoena does not constitute a waiver of the privilege associated with a pharmacy peer review committee proceeding.  Failure to comply with the subpoena is grounds for disciplinary action against the facility or individual by the appropriate licensing board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 564 - Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review › Subchapter C. Pharmacy Peer Review › Section 564.106. Immunity

Sec. 564.106.  IMMUNITY.  (a)  A cause of action does not accrue against the members, agents, or employees of a pharmacy peer review committee from any act, statement, determination, or recommendation made or act reported, without malice, in the course of peer review according to this subchapter.
(b)  A pharmacy peer review committee, a person participating in peer review, or a health care entity named as a defendant in any civil action filed as a result of participation in peer review may use otherwise confidential information obtained for legitimate internal business and professional purposes, including use in the committee's, person's, or entity's own defense.  The use of the information does not waive the confidential and privileged nature of pharmacy peer review committee proceedings.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.310(b), eff. Sept. 1, 2001.