reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter G. Disciplinary Actions and Procedures › Section 507.304. Schedule of Sanctions

Sec. 507.304.  SCHEDULE OF SANCTIONS.  (a)  The executive council by rule shall adopt a broad schedule of sanctions.
(b)  The State Office of Administrative Hearings shall use the schedule for any sanction imposed under this subchapter as the result of a hearing conducted by that office.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter G. Disciplinary Actions and Procedures › Section 507.305. Informal Proceedings

Sec. 507.305.  INFORMAL PROCEEDINGS.  (a)  The executive council by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under this section must:
(1)  provide the complainant and the license holder with an opportunity to be heard; and
(2)  require the presence of a member of the executive council's legal staff or an attorney employed by the attorney general to advise the executive council or the executive council's employees.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter G. Disciplinary Actions and Procedures › Section 507.306. Assistance in Disciplinary Proceedings

Sec. 507.306.  ASSISTANCE IN DISCIPLINARY PROCEEDINGS.  (a)  The executive council shall adopt rules establishing the manner in which the executive council will solicit input from and request the assistance of the applicable board for a profession regulated by the executive council, regarding a disciplinary proceeding before the executive council involving an issue or complaint related to standards of care or ethical practice.
(b)  Rules adopted under this section must include a process for referring a complaint to the applicable board if the complaint alleges:
(1)  a substantive violation of a standard of care or ethical guideline for the profession; or
(2)  an act of a license holder that violates the profession's scope of practice.
(c)  On receiving a recommended disposition of a complaint from the applicable board, the executive council shall adopt the recommended disposition unless the executive council determines that:
(1)  the recommended disposition would:
(A)  have an anti-competitive effect;
(B)  result in an administrative inconsistency; or
(C)  raise concerns relating to good governance practices; or
(2)  any recommended disciplinary penalty would deviate substantially from the schedule of sanctions for the applicable profession.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.351. Imposition of Administrative Penalty

Sec. 507.351.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The executive council may impose an administrative penalty on a person licensed or regulated by the executive council if the person violates this chapter, a law regulating the applicable profession, or an executive council rule.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.352. Amount of Penalty

Sec. 507.352.  AMOUNT OF PENALTY.  (a)  The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty must be based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of any prohibited act; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the economic harm to property or the environment caused by the violation;
(3)  the history of previous violations;
(4)  the amount necessary to deter a future violation;
(5)  efforts made to correct the violation; and
(6)  any other matter that justice may require.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.353. Notice of Violation and Penalty

Sec. 507.353.  NOTICE OF VIOLATION AND PENALTY.  If the executive council determines that a violation occurred, the executive council shall give written notice of the violation to the person alleged to have committed the violation.  The notice may be given by certified mail.  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the amount of the administrative penalty recommended by the executive council; and
(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.354. Penalty to Be Paid or Hearing Requested

Sec. 507.354.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice under Section 507.353, the person may in writing:
(1)  accept the executive council's determination and recommended administrative penalty; or
(2)  request a hearing on the occurrence of the violation, the amount of the penalty, or both.
(b)  If the person accepts the executive council's determination and recommended penalty, the executive council shall issue an order and impose the recommended penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.355. Hearing

Sec. 507.355.  HEARING.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice under Section 507.353, the executive council shall set a hearing and give written notice of the hearing to the person.
(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.
(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the executive council a proposal for a decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.356. Decision by Executive Council

Sec. 507.356.  DECISION BY EXECUTIVE COUNCIL.  (a)  Based on the findings of fact, conclusions of law, and proposal for a decision, the executive council by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The executive council shall give notice of the order to the person.  The notice must include a statement of the right of the person to judicial review of the order.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.357. Options Following Decision: Pay or Appeal

Sec. 507.357.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL.  (a)  Not later than the 30th day after the date the executive council's order becomes final, the person shall:
(1)  pay the administrative penalty; or
(2)  file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period prescribed by Subsection (a), a person who files a petition for judicial review may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account; or
(B)  giving to the court a supersedeas bond approved by the court that is:
(i)  for the amount of the penalty; and
(ii)  effective until judicial review of the executive council's order is final; or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and
(B)  giving a copy of the affidavit to the executive council by certified mail.
(c)  If the executive council receives a copy of an affidavit under Subsection (b)(2), the executive council may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files the affidavit has the burden of proving that the person is financially unable to pay the penalty or to give a supersedeas bond.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.358. Collection of Penalty

Sec. 507.358.  COLLECTION OF PENALTY.  If the person does not pay the administrative penalty and enforcement of the penalty is not stayed, the executive council may refer the matter to the attorney general for collection of the penalty.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.359. Determination by Court

Sec. 507.359.  DETERMINATION BY COURT.  (a)  If the court sustains the determination that a violation has occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.360. Remittance of Penalty and Interest

Sec. 507.360.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty; or
(2)  order the release of the bond:
(A)  if the person gave a supersedeas bond and the penalty is not imposed; or
(B)  after the person pays the penalty if the person gave a supersedeas bond and the penalty is reduced.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter H. Administrative Penalty › Section 507.361. Administrative Procedure

Sec. 507.361.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter I. Other Penalties and Enforcement Provisions › Section 507.401. Injunction

Sec. 507.401.  INJUNCTION.  (a)  In addition to any other action authorized by law, the executive council may institute an action to enjoin a violation of this chapter, a law regulating the applicable profession, or an executive council rule.
(b)  An action filed under this section must be filed in Travis County, the county of the defendant's residence, or the county in which any part of the violation occurred.
(c)  The attorney general or the appropriate county or district attorney shall represent the executive council in an action under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter I. Other Penalties and Enforcement Provisions › Section 507.402. Civil Penalty

Sec. 507.402.  CIVIL PENALTY.  (a)  A person who violates this chapter, a law regulating the applicable profession, or an executive council rule is liable to the state for a civil penalty not to exceed $1,000 for each day of violation.
(b)  At the request of the executive council, the attorney general shall bring an action to recover a civil penalty authorized under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter I. Other Penalties and Enforcement Provisions › Section 507.403. Cease and Desist Order

Sec. 507.403.  CEASE AND DESIST ORDER.  (a)  If it appears to the executive council that an unlicensed person is violating this chapter, a law regulating the applicable profession, or an executive council rule, the executive council, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter H.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle I - Regulation of Psychology and Counseling › Chapter 507 - Texas Behavioral Health Executive Council › Subchapter I. Other Penalties and Enforcement Provisions › Section 507.404. Monitoring of License Holder

Sec. 507.404.  MONITORING OF LICENSE HOLDER.  The executive council by rule shall develop a system to monitor a license holder's compliance with applicable laws and executive council rules.  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the executive council to perform certain acts; and
(2)  identify and monitor each license holder who represents a risk to the public.
Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 551 - General Provisions › Section 551.001. Short Title

Sec. 551.001.  SHORT TITLE.  This subtitle may be cited as the Texas Pharmacy Act.
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. 2, eff. June 14, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 551 - General Provisions › Section 551.002. Legislative Declaration; Purpose

Sec. 551.002.  LEGISLATIVE DECLARATION;  PURPOSE.  (a)  This subtitle shall be liberally construed to regulate in the public interest the practice of pharmacy in this state as a professional practice that affects the public health, safety, and welfare.
(b)  It is a matter of public interest and concern that the practice of pharmacy merits and receives the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy in this state.
(c)  The purpose of this subtitle is to promote, preserve, and protect the public health, safety, and welfare through:
(1)  effectively controlling and regulating the practice of pharmacy;  and
(2)  licensing pharmacies engaged in the sale, delivery, or distribution of prescription drugs and devices used in diagnosing and treating injury, illness, and disease.
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 551 - General Provisions › Section 551.004. Applicability of Subtitle

Sec. 551.004.  APPLICABILITY OF SUBTITLE.  (a)  This subtitle does not apply to:
(1)  a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for the retailing of prescription drugs;
(2)  a member of the faculty of a college of pharmacy recognized by the board who is a pharmacist and who performs the pharmacist's services only for the benefit of the college;
(3)  a person who procures prescription drugs for lawful research, teaching, or testing and not for resale;
(4)  a home and community support services agency that possesses a dangerous drug as authorized by Section 142.0061, 142.0062, or 142.0063, Health and Safety Code; or
(5)  a dispensing organization, as defined by Section 487.001, Health and Safety Code, that cultivates, processes, and dispenses low-THC cannabis, as authorized by Chapter 487, Health and Safety Code, to a patient listed in the compassionate-use registry established under that chapter.
(b)  This subtitle does not prevent a practitioner from administering a drug to a patient of the practitioner.
(c)  This subtitle does not prevent the sale by a person, other than a pharmacist, firm, joint stock company, partnership, or corporation, of:
(1)  a nonprescription drug that is harmless if used according to instructions on a printed label on the drug's container and that does not contain a narcotic;
(2)  an insecticide, a fungicide, or a chemical used in the arts if the insecticide, fungicide, or chemical is properly labeled;  or
(3)  an insecticide or fungicide that is mixed or compounded only for an agricultural purpose.
(d)  A wholesaler or manufacturer may distribute a prescription drug as provided by state or federal law.
(e)  This subtitle does not prevent a physician or therapeutic optometrist from dispensing and charging for therapeutic contact lenses. This subsection does not authorize a therapeutic optometrist to prescribe, administer, or dispense a drug that is otherwise outside the therapeutic optometrist's scope of practice.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 396 (H.B. 1740), Sec. 2, eff. June 19, 2009.
Acts 2015, 84th Leg., R.S., Ch. 301 (S.B. 339), Sec. 5, eff. June 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 551 - General Provisions › Section 551.005. Application of Sunset Act

Sec. 551.005.  APPLICATION OF SUNSET ACT.  The Texas State Board of Pharmacy is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 1, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 8, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.11, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 551 - General Provisions › Section 551.006. Exclusive Authority

Sec. 551.006.  EXCLUSIVE AUTHORITY.  Notwithstanding any other law, a pharmacist has the exclusive authority to determine whether or not to dispense a drug.
Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 551 - General Provisions › Section 551.008. Prohibition on Rule Violating Sincerely Held Religious Belief

Sec. 551.008.  PROHIBITION ON RULE VIOLATING SINCERELY HELD RELIGIOUS BELIEF.  (a)  All rules, regulations, or policies adopted by the board may not violate Chapter 110, Civil Practice and Remedies Code.
(b)  A person may assert a violation of Subsection (a) as an affirmative defense in an administrative hearing or as a claim or defense in a judicial proceeding under Chapter 37, Civil Practice and Remedies Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.001. Membership

Sec. 552.001.  MEMBERSHIP.  (a)  The Texas State Board of Pharmacy consists of 11 members appointed by the governor with the advice and consent of the senate as follows:
(1)  seven members who are pharmacists;
(2)  one member who is a pharmacy technician; and
(3)  three members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 26 (S.B. 500), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.002. Qualifications

Sec. 552.002.  QUALIFICATIONS.  (a)  The board must include representation for pharmacists who are primarily employed in Class A pharmacies and Class C pharmacies.
(b)  A pharmacist board member must, at the time of appointment:
(1)  be a resident of this state;
(2)  have been licensed for the five years preceding appointment;
(3)  be in good standing to practice pharmacy in this state;  and
(4)  be practicing pharmacy in this state.
(b-1)  A pharmacy technician board member must, at the time of appointment:
(1)  be a resident of this state;
(2)  have been registered as a pharmacy technician for the five years preceding appointment;
(3)  be in good standing to act as a pharmacy technician in this state; and
(4)  be acting as a pharmacy technician in this state.
(c)  Each person appointed to the board shall, not later than the 15th day after the date of appointment, qualify by taking the constitutional oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 26 (S.B. 500), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.003. Public Membership Eligibility

Sec. 552.003.  PUBLIC MEMBERSHIP ELIGIBILITY.  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board;  or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
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 552 - Texas State Board of Pharmacy › Section 552.004. Membership Restrictions

Sec. 552.004.  MEMBERSHIP RESTRICTIONS.  (a)  A person may not be a member of the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
(b)  A person may not be a member of the board if:
(1)  the person is  an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.005. Terms; Vacancy

Sec. 552.005.  TERMS;  VACANCY.  (a)  Members of the board are appointed for staggered six-year terms, with either three or four members' terms, as applicable, expiring every other year at midnight on the last day of the state fiscal year in the last year of the member's term.
(b)  If a vacancy occurs during a member's term, the governor shall appoint a replacement to fill the unexpired term.
(c)  A board member may not serve more than two consecutive full terms.  The completion of the unexpired portion of a full term is not service for a full term for purposes of this subsection.
(d)  A person appointed by the governor to a full term before the expiration of the term of the member being succeeded becomes a member of the board on the first day of the next state fiscal year following the appointment.
(e)  A person appointed to an unexpired portion of a full term becomes a member of the board on the day after the date of appointment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 26 (S.B. 500), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.006. Board Member Training

Sec. 552.006.  BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing the board's operations;
(2)  the programs, functions, rules, and budget of the board;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; and
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the board in performing their duties; and
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each board member.  On receipt of the training manual, each board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.  The board shall publish a copy of each signed statement on the board's Internet website.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 4, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.007. Officers

Sec. 552.007.  OFFICERS.  (a)  The governor shall designate a member of the board as the president of the board to serve in that capacity at the pleasure of the governor.  The board shall elect from its members for one-year terms a vice president, treasurer, and other officers the board considers appropriate and necessary to conduct board business.
(b)  The board's president shall preside at each board meeting and is responsible for the performance of the board's duties and functions under this subtitle.
(c)  An officer, other than the president, shall perform the duties normally associated with the officer's position and other duties assigned to the officer by the board.
(d)  The term of an officer begins on the first day of the state fiscal year following the officer's election and ends on election of a successor.
(e)  A member elected as an officer may not serve more than two consecutive full terms in each office to which the member is elected.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.008. Grounds for Removal

Sec. 552.008.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of appointment the qualifications required for appointment to the board;
(2)  does not maintain during service on the board the qualifications required for appointment to the board;
(3)  violates a prohibition established by Section 552.004;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings the member is eligible to attend during a calendar year, unless the absence is excused by majority vote of the board.
(b)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the president of the board of the ground.  The president shall then notify the governor that a potential ground for removal exists.
(c)  The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists.
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 552 - Texas State Board of Pharmacy › Section 552.009. Per Diem; Reimbursement

Sec. 552.009.  PER DIEM;  REIMBURSEMENT.  (a)  Each member of the board is entitled to a per diem set by legislative appropriation for each day the member engages in board business.
(b)  A member is entitled to reimbursement for travel expenses as prescribed by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.010. Meetings

Sec. 552.010.  MEETINGS.
(a)  The board shall meet at least  once every four months to transact board business.
(b)  The board may meet at other times at the call of the board's president or two-thirds of the board's members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 26 (S.B. 500), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 552 - Texas State Board of Pharmacy › Section 552.011. Executive Session

Sec. 552.011.  EXECUTIVE SESSION.  (a)  The board may, in accordance with Chapter 551, Government Code, conduct a portion of a board meeting in executive session.
(b)  The board may conduct in executive session a deliberation relating to discipline of a license holder.  At the conclusion of the deliberation, in open session the board shall vote and announce the board's decision relating to the license holder.
(c)  The board may conduct in executive session a disciplinary hearing relating to a pharmacist or pharmacy student who is impaired because of chemical abuse or mental or physical illness.
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 552 - Texas State Board of Pharmacy › Section 552.012. Quorum; Validity of Board Action

Sec. 552.012.  QUORUM;  VALIDITY OF BOARD ACTION.  Except when a greater number is required by this subtitle or by board rule, an action of the board must be by a majority of a quorum.
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 553 - Executive Director and Other Board Personnel › Section 553.001. Executive Director

Sec. 553.001.  EXECUTIVE DIRECTOR.  The board shall employ an executive director.
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 553 - Executive Director and Other Board Personnel › Section 553.002. Qualifications of Executive Director

Sec. 553.002.  QUALIFICATIONS OF EXECUTIVE DIRECTOR.  The executive director must be a pharmacist.
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 553 - Executive Director and Other Board Personnel › Section 553.003. General Duties of Executive Director

Sec. 553.003.  GENERAL DUTIES OF EXECUTIVE DIRECTOR.  (a)  The executive director is an ex officio member of the board without vote.
(b)  The executive director is a full-time employee of the board and shall:
(1)  serve as secretary to the board;
(2)  perform the regular administrative functions of the board and any other duty as the board directs; and
(3)  under the direction of the board, perform the duties required by this subtitle or designated by the board.
(c)  The executive director may not perform a discretionary or decision-making function for which the board is solely responsible.
(d)  The executive director shall keep the seal of the board.  The executive director may affix the seal only in the manner prescribed by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 553 - Executive Director and Other Board Personnel › Section 553.004. Personnel

Sec. 553.004.  PERSONNEL.  The board may employ persons in positions or capacities the board considers necessary to properly conduct the board's business and fulfill the board's responsibilities 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 553 - Executive Director and Other Board Personnel › Section 553.005. Employee Restrictions

Sec. 553.005.  EMPLOYEE RESTRICTIONS.  (a)  A person may not be an employee of the board employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(b)   A person may not act as general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of 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. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle J - Pharmacy and Pharmacists › Chapter 553 - Executive Director and Other Board Personnel › Section 553.006. Possession by Employee of Regulated Substance

Sec. 553.006.  POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE.  A board employee may possess a dangerous drug or controlled substance when acting in the employee's official capacity.
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 553 - Executive Director and Other Board Personnel › Section 553.007. Division of Responsibilities

Sec. 553.007.  DIVISION OF RESPONSIBILITIES.  The board shall develop and implement policies that clearly define the responsibilities of the board and the staff of 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 553 - Executive Director and Other Board Personnel › Section 553.008. Qualifications and Standards of Conduct Information

Sec. 553.008.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide, as often as necessary, to its members and employees information regarding their:
(1)  qualifications for office or employment under this subtitle;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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 553 - Executive Director and Other Board Personnel › Section 553.009. Career Ladder Program; Performance Evaluations

Sec. 553.009.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for board employees must be based on the system established under this subsection.
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 553 - Executive Director and Other Board Personnel › Section 553.010. Equal Employment Opportunity Policy; Report

Sec. 553.010.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies related to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
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 554.001. General Powers and Duties of Board

Sec. 554.001.  GENERAL POWERS AND DUTIES OF BOARD.  (a)  The board shall:
(1)  administer and enforce this subtitle and rules adopted under this subtitle and enforce other laws relating to the practice of pharmacy and other powers and duties granted under other law;
(2)  cooperate with other state and federal agencies in the enforcement of any law relating to the practice of pharmacy or any drug or drug-related law;
(3)  maintain an office in which permanent records are kept;  and
(4)  preserve a record of the board's proceedings.
(b)  The board may:
(1)  join a professional organization or association organized to promote the improvement of the standards of the practice of pharmacy for protecting the health and welfare of the public;  and
(2)  appoint committees from the board's membership, an advisory committee from the pharmacy profession, and any other group to assist in administering this subtitle.
(c)  The board may:
(1)  issue a duplicate copy of a license to practice pharmacy or a license renewal certificate on a request from the holder and on payment of a fee determined by the board;  and
(2)  inspect a facility licensed under this subtitle for compliance with this subtitle.
(d)  The board may be represented by counsel, including the attorney general, district attorney, or county attorney, if necessary in a legal action taken under this subtitle.
(e)  The board shall develop formal policies outlining the structure, role, and responsibilities of each committee established under Subsection (b)(2) that contains board members.  The board may adopt rules to implement this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 8, eff. September 1, 2005.
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 554.0011. Use of Alternative Rulemaking and Dispute Resolution

Sec. 554.0011.  USE OF ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a)  The board shall develop a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 12, eff. September 1, 2017.