reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.1 - Pharmacy License Application

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  qualify for a pharmacy license, the applicant must submit an application which
				  includes any information requested on the application and, as required by
				  §560.052(b) of the Act, a sworn disclosure statement as specified in
				  § 291.4 of this title (relating to Sworn Disclosure Statement).
(b) The applicant may be required to meet all
				  requirements necessary in order for the Board to access the criminal history
				  record information, including submitting fingerprint information and being
				  responsible for all associated costs. The criminal history information may be
				  required for each individual owner, or if the pharmacy is owned by a
				  partnership or a closely held corporation for each managing officer.
(c) A fee as specified in §
										291.6 of
				  this title (relating to Pharmacy License Fees) will be charged for the issuance
				  of a pharmacy license.
(d) For the
				  purposes of this section, managing officers are defined as the top four
				  executive officers, including the corporate officer in charge of pharmacy
				  operations, who are designated by the partnership or corporation to be jointly
				  responsible for the legal operation of the pharmacy.
(e) Prior to the issuance of a license for a
				  pharmacy located in Texas, the board shall conduct an on-site inspection of the
				  pharmacy in the presence of the pharmacist-in-charge and owner or
				  representative of the owner, to ensure that the pharmacist-in-charge and owner
				  can meet the requirements of the Texas Pharmacy Act and Board Rules.
(f) If the applicant holds an active pharmacy
				  license in Texas on the date of application for a new pharmacy license or for
				  other good cause shown as specified by the board, the board may waive the
				  pre-inspection as set forth in subsection (e) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Any term not defined in this chapter shall have the
					 definition set out in the Act, § 551.003.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.3 - Required Notifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Change of
				  Location.
(1) When a pharmacy changes
				  location, the following is applicable:
(A) A
				  new completed pharmacy application containing the information outlined in
				  §
												291.1 of this title (relating to
				  Pharmacy License Application) must be filed with the board not later than 30
				  days before the date of the change of location of the pharmacy;
(B) An amended license reflecting the new
				  location of the pharmacy will be issued by the board; and
(C) A fee as specified in §
												291.6 of this title (relating to
				  Pharmacy License Fees) will be charged for processing the application for
				  change of location.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.4 - Sworn Disclosure Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  following words and terms, when used in this section, shall have the following
				  meanings:
(1) Publicly traded company--a
				  company with a class of securities registered under section 12 of the
				  Securities Exchange Act of 1934 (15 U.S.C.
				  §
												78l) or that is required to file
				  reports under section 15(d) of the Securities Exchange Act of 1934
				  (15 U.S.C. §
												78o(d)).
(2) Retail grocery store chain--ten or more
				  stores under the same ownership which primarily sell produce, food, and
				  beverage products that are intended for off premises
				  consumption.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.5 - Closing a Pharmacy

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to
				  closing. At least 14 days prior to the closing of a pharmacy that dispenses
				  prescription drug orders the pharmacist-in-charge shall:
(1) post a closing notice sign in a
				  conspicuous place in the front of the prescription department and at all public
				  entrance doors to the pharmacy. Such closing notice sign shall contain the
				  following information:
(A) the date of
				  closing; and
(B) the name, address,
				  and telephone number of the pharmacy acquiring the prescription drug orders,
				  including refill information and patient medication records of the
				  pharmacy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.6 - Pharmacy License Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Initial License
				  Fee. The fee for an initial license shall be $583 for the initial registration
				  period.
(b) Biennial License
				  Renewal. The Texas State Board of Pharmacy shall require biennial renewal of
				  all pharmacy licenses provided under the Act §561.002.
(c) Renewal Fee. The fee for biennial renewal
				  of a pharmacy license shall be $580 for the renewal period.
(d) Fee for Change of Location/Name/Rank. The
				  application fee for a change of name, location, or rank shall be
				  $100.
(e) Remote Pharmacy Services
				  Fee. The application fee for an initial or renewed certificate to provide
				  remote pharmacy services under §
										291.121 of this title (relating to
				  Remote Pharmacy Services) shall be:
(1) for a
				  certificate to provide remote pharmacy services using automated pharmacy
				  systems under §
											291.121(a) of
				  this title: $100;
(2) for a
				  certificate to provide remote pharmacy services using emergency medication kits
				  under §
											291.121(b) of
				  this title: $50;
(3) for a
				  certificate to provide remote pharmacy services using telepharmacy systems
				  under §
											291.121(c) of
				  this title: $150; and
(4) for a
				  certificate to provide remote pharmacy services using automated dispensing and
				  delivery systems under §
											291.121(d) of
				  this title: $100.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.7 - Prescription Drug Recalls by the Manufacturer

Current through Reg. 49, No. 28; July 12, 2024
(a) The pharmacist-in-charge shall develop
				  and implement a written procedure for proper management of drug recalls by the
				  manufacturer. Such procedures shall include, where appropriate, contacting
				  patients to whom the recalled drug products have been dispensed.
(b) The written procedure shall include, but
				  not be limited to, the following:
(1) the
				  pharmacist-in-charge shall reasonably ensure that a recalled drug has been
				  removed from inventory no more than 24 hours after receipt of the recall
				  notice, and quarantined until proper disposal or destruction of the drug;
				  and
(2) if the drug that is the
				  subject to a recall is maintained by the pharmacy in a container without a lot
				  number, the pharmacist-in-charge shall consider this drug included in the
				  recall.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.9 - Prescription Pick Up Locations

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				  person, firm, or business establishment may have, participate in, or permit an
				  arrangement, branch, connection or affiliation whereby prescriptions are
				  solicited, collected, picked up, or advertised to be picked up, from or at any
				  location other than a pharmacy which is licensed and in good standing with the
				  board.
(b) A pharmacist or pharmacy
				  by means of its employee or by use of a common carrier or the U.S. Mail, at the
				  request of the patient, may:
(1) pick up
				  prescription orders at the:
(A) office or home
				  of the prescriber;
(B) residence or
				  place of employment of the person for whom the prescription was issued;
				  or
(C) hospital or medical care
				  facility in which the patient is receiving treatment; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.10 - Pharmacy Balance Registration/Inspection

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
				  terms, when used in this section, shall have the following meanings, unless the
				  context clearly indicates otherwise. Pharmacy balance--An instrument for
				  weighing including balances and scales.
(b) Registration.
(1) A pharmacy shall annually or biennially
				  register each pharmacy balance. The fee for the annual registration shall be
				  $12.50 per pharmacy balance. The fee for the biennial registration shall be
				  $25.00 per pharmacy balance.
(2)
				  The expiration date for pharmacy balance registrations shall coincide with the
				  pharmacy license expiration date.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.11 - Operation of a Pharmacy

Current through Reg. 49, No. 28; July 12, 2024
(a) For the
				  purposes of §565.002(a)(7) of the Texas Pharmacy Act, the following words
				  and terms shall be defined as follows.
(1)
				  "Failure to engage in the business described in the application for a license"
				  means the holder of a pharmacy license has not commenced operating the pharmacy
				  within six months of the date of issuance of the license.
(2) "Ceased to engage in the business
				  described in the application for a license" means the holder of a pharmacy
				  license, once it has been in operation, discontinues operating the pharmacy for
				  a period of 30 days or longer unless the pharmacy experiences a fire or
				  disaster, in which case the pharmacy must comply with §
											291.3(g)
				  of this title (relating to Required Notifications).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.12 - Delivery of Prescription Drugs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Applicability. This section applies to the delivery of prescription drugs by a
				  pharmacy licensed by the board as a Class A, Class A-S, Class E, or Class E-S
				  pharmacy.
(b) Delivery by common
				  carrier. A pharmacy may deliver prescription drugs by use of a common carrier
				  (e.g., U.S. Mail) as provided in §
										291.9 of this title (relating to
				  Prescription Pick Up Locations) on request of the patient or patient's agent.
				  Common carrier means a person or entity who holds out to the general public a
				  willingness to provide transportation of property from place to place for
				  compensation in the normal course of business. A pharmacy that delivers
				  prescription drugs by use of a common carrier providing a same-day courier
				  service is not subject to subsection (b) of this section and shall comply with
				  subsection (c) of this section.
(1) Standards.
				  The pharmacy shall ensure that all prescription drugs are delivered to the
				  patient or patient's agent in accordance with nationally recognized standards,
				  such as those of the manufacturer or the United States Pharmacopeia.
(2) Packaging. The pharmacy shall ensure that
				  prescription drugs are packaged in commercially available tamper evident
				  packaging.
(3) Temperature. The
				  pharmacy shall ensure that any prescription drug delivered by common carrier is
				  packaged in a manner that maintains a temperature range appropriate for the
				  drug. This may include, without limitation, use of temperature tags, time
				  temperature strips, insulated packaging, gel ice packs, or a combination of
				  these as necessary.
(4)
				  Irregularity in delivery. The pharmacy shall provide a method by which a
				  patient or patient's agent can notify the pharmacy as to any irregularity in
				  the delivery of the patient's prescription, to include but not be limited to:
(A) timeliness of delivery;
(B) condition of the prescription drug upon
				  delivery; and
(C) failure to
				  receive the proper prescription drug.
(5) Refusal to deliver. The pharmacy shall
				  refuse to deliver by common carrier a prescription drug which in the
				  professional opinion of the dispensing pharmacist may be clinically compromised
				  by delivery by common carrier.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.14 - Pharmacy License Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal
				  requirements.
(1) A license to operate a
				  pharmacy expires on the last day of the assigned expiration month.
(2) The provision of the Act, § 561.005,
				  shall apply if the completed application and a renewal fee is not received in
				  the board's office on or before the last day of the assigned expiration
				  month.
(3) An expired license may
				  be renewed according to the following schedule:
(A) If the license has been expired for 90
				  days or less, the license may be renewed by paying to the board a renewal fee
				  that is equal to one and one-half times the required renewal fee as specified
				  in §
												291.6 of
				  this title (relating to Pharmacy License Fees).
(B) If the license has been expired for 91
				  days or more, the license may not be renewed. The pharmacy may apply for a new
				  license as specified in §
												291.1
				  of this title (relating to Pharmacy License Application), including, as
				  required by § 560.052(b) of the Act, the submission of a sworn disclosure
				  statement as specified in § 291.4 of this title (relating to Sworn
				  Disclosure Statement).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.15 - Storage of Drugs

Current through Reg. 49, No. 28; July 12, 2024
All drugs shall be stored at the proper temperature and
					 conditions as defined by the following terms:
(1) Freezer--A place in which the temperature
				  is maintained thermostatically between minus 25 degrees Celsius and minus 10
				  degrees Celsius (minus 13 degrees Fahrenheit and 14 degrees
				  Fahrenheit).
(2) Cold--Any
				  temperature not exceeding 8 degrees Celsius (46 degrees Fahrenheit). A
				  refrigerator is a cold place in which the temperature is maintained
				  thermostatically between 2 degrees Celsius and 8 degrees Celsius (36 degrees
				  Fahrenheit and 46 degrees Fahrenheit).
(3) Cool--Any temperature between 8 degrees
				  Celsius and 15 degrees Celsius (46 degrees Fahrenheit and 59 degrees
				  Fahrenheit). An article for which storage in a cool place is directed may,
				  alternatively, be stored and distributed in a refrigerator, unless otherwise
				  specified by the individual monograph.
(4) Room temperature--The temperature
				  prevailing in a working area.
(5)
				  Controlled room temperature--A temperature maintained thermostatically between
				  15 degrees Celsius and 30 degrees Celsius (59 degrees Fahrenheit and 86 degrees
				  Fahrenheit).
(6) Warm--Any
				  temperature between 30 degrees Celsius and 40 degrees Celsius (86 degrees
				  Fahrenheit and 104 degrees Fahrenheit).
(7) Excessive heat--Any temperature above 40
				  degrees Celsius (104 degrees Fahrenheit).
(8) Protection from freezing--Where, in
				  addition to the risk of breakage of the container, freezing subjects a product
				  to loss of strength or potency, or to destructive alteration of the dosage
				  form, the container label bears an appropriate instruction to protect the
				  product from freezing.
(9) Dry
				  place--A place that does not exceed 40% average relative humidity at controlled
				  room temperature or the equivalent water vapor pressure at other
				  temperatures.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.16 - Samples

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise specified, a pharmacy may not sell,
					 purchase, trade or possess prescription drug samples, unless the pharmacy meets
					 all of the following conditions:
(1)
				  the pharmacy is owned by a charitable organization described in the Internal
				  Revenue Code of 1986, or by a city, state or county government;
(2) the pharmacy is a part of a health care
				  entity which provides health care primarily to indigent or low income patients
				  at no or reduced cost;
(3) the
				  samples are for dispensing or provision at no charge to patients of such health
				  care entity; and
(4) the samples
				  are possessed in compliance with the federal Prescription Drug Marketing Act of
				  1987.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.17 - Inventory Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  requirements.
(1) The pharmacist-in-charge
				  shall be responsible for taking all required inventories, but may delegate the
				  performance of the inventory to another person(s).
(2) The inventory shall be maintained in a
				  written, typewritten, or printed form. An inventory taken by use of an oral
				  recording device must be promptly transcribed.
(3) The inventory shall be kept in the
				  pharmacy and shall be available for inspection for two years.
(4) The inventory shall be filed separately
				  from all other records.
(5) The
				  inventory shall be in a written, typewritten, or printed form and include all
				  stocks of all controlled substances on hand on the date of the inventory
				  (including any which are out-of-date).
(6) The inventory may be taken either as of
				  the opening of business or as of the close of business on the inventory
				  date.
(7) The inventory record
				  shall indicate whether the inventory is taken as of the opening of business or
				  as of the close of business on the inventory date. If the pharmacy is open 24
				  hours a day, the inventory record shall indicate the time that the inventory
				  was taken.
(8) The person(s) taking
				  the inventory shall make an exact count or measure of all controlled substances
				  listed in Schedule II.
(9) The
				  person(s) taking the inventory shall make an estimated count or measure of all
				  controlled substances listed in Schedules III, IV, and V, unless the container
				  holds more than 1,000 tablets or capsules in which case, an exact count of the
				  contents must be made.
(10) The
				  inventory of Schedule II controlled substances shall be listed separately from
				  the inventory of Schedules III, IV, and V controlled substances.
(11) If the pharmacy maintains a perpetual
				  inventory of any of the drugs required to be inventoried, the perpetual
				  inventory shall be reconciled on the date of the inventory.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.18 - Time Limit for Filing a Complaint

Current through Reg. 49, No. 28; July 12, 2024
For the purposes of the Act, §
										556.055,
					 the board determines that a "reasonable time" to be no less than 10 days from
					 the date of an inspection giving rise to a possible complaint; provided,
					 however, in situations presenting imminent danger to the public health and
					 safety, the board may obtain an injunction under the Act, §
										556.051,
					 to restrain or enjoin a person from continuing to violate the Act or rules
					 promulgated pursuant to the Act without waiting the 10-day period set out in
					 this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.19 - Administrative Actions as a Result of a Compliance Inspection

Current through Reg. 49, No. 28; July 12, 2024
As a result of a compliance inspection or compliance
					 reinspection of a pharmacy wherein violations of the Texas Pharmacy Act,
					 Controlled Substances Act, Dangerous Drug Act, Texas Food, Drug and Cosmetic
					 Act, or rules adopted pursuant to such acts are observed an agent of the
					 board:
(1) may issue a written warning
				  notice listing specific violations and providing a reasonable amount of time to
				  comply with the laws and rules; or
(2) may recommend the institution of action
				  against a licensee if such agent determines that:
(A) previously cited violations are
				  continuing to occur; or
(B)
				  violations observed are of a nature that a written warning notice would not be
				  in the best interest of the public.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.22 - Petition to Establish an Additional Class of Pharmacy

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to specify the procedures to be followed in petitioning the board to establish
				  an additional class of pharmacy as authorized by §
										560.053
				  of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations
				  Code). In reviewing petitions, the board will only consider petitions that
				  provide pharmaceutical care services which contribute to positive patient
				  outcomes. The board will not consider any petition intended only to provide a
				  competitive advantage.
(b)
				  Procedures for petitioning the board to establish an additional class of
				  pharmacy. A person who wishes the board to consider establishing an additional
				  class of pharmacy shall submit to the board a petition that contains at least
				  the following information:
(1) name, address,
				  telephone number, and pharmacist's license number of the pharmacist responsible
				  for submitting the petition;
(2) a
				  detailed summary of the additional class of pharmacy which includes:
(A) a description of the type of pharmacy and
				  the pharmaceutical care services provided to the public;
(B) if a pharmacy of this type currently
				  exists, the name, address, and license number of the pharmacy;
(C) a full explanation of the reasons:
(i) the existing classifications of pharmacy
				  licenses are not appropriate for this practice setting; and
(ii) that establishment of a new
				  classification of pharmacy license is necessary to protect the public health,
				  safety, and welfare.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.23 - Pilot or Demonstration Research Projects for Innovative Applications in the Practice of Pharmacy

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this section is to specify the procedures to be followed in applying
				  for approval of a pilot or demonstration research project for innovative
				  applications in the practice of pharmacy as authorized by § 554.011 of the
				  Texas Pharmacy Act (Chapters 551- 566 and 568 - 569, Texas Occupations Code).
				  In reviewing projects, the board will only consider projects that expand
				  pharmaceutical care services which contribute to positive patient outcomes. The
				  board will not consider any project intended only to provide a competitive
				  advantage.
(b) Scope of pilot or
				  demonstration research projects and the board's approval of such projects.
(1) Pilot or demonstration research projects
				  may not:
(A) expand the definition of the
				  practice of pharmacy as provided in the Act; or
(B) include therapeutic substitution or
				  substitution of medical devices used in patient care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.27 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
(a) A pharmacist shall provide adequate
				  security of prescription drug orders, medication orders, and patient medication
				  records to prevent indiscriminate or unauthorized access to confidential health
				  information. If prescription drug orders, requests for refill authorization, or
				  other confidential health information are not transmitted directly between a
				  pharmacy and a physician but are transmitted through a data communication
				  device, confidential health information may not be accessed or maintained by
				  the operator of the data communication device unless specifically authorized to
				  obtain the confidential information by this section.
(b) Confidential records are privileged and
				  may be released only to:
(1) the patient or
				  the patient's agent;
(2) a
				  practitioner or another pharmacist if, in the pharmacist's professional
				  judgement, the release is necessary to protect the patient's health and well
				  being;
(3) the board or to a person
				  or another state or federal agency authorized by law to receive the
				  confidential record;
(4) a law
				  enforcement agency engaged in investigation of a suspected violation of Chapter
				  481 or
				  483, Health
				  and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of
				  1970 (21 U.S.C. Section
				  801 et seq.);
(5) a person employed by a state agency that
				  licenses a practitioner, if the person is performing the person's official
				  duties; or
(6) an insurance carrier
				  or other third party payor authorized by a patient to receive such
				  information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.28 - Access to Confidential Records

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Access to confidential records. A pharmacy shall comply with the request of a
				  patient or a patient's agent to inspect or obtain a copy of the patient's
				  confidential records maintained by the pharmacy, as defined in
				  §551.003(10) of the Act. A pharmacy shall comply with all relevant state
				  and federal laws regarding release of confidential records to third party
				  requestors.
(b) Form of request.
				  The pharmacy may require a patient or a patient's agent or any authorized third
				  party to make requests for confidential records in writing, provided such a
				  requirement has been communicated to the requestor.
(c) Timely action by pharmacy. The pharmacy
				  must respond to a request for confidential records in a timely manner.
(1) The pharmacy must respond to a request
				  for confidential records no later than fifteen days after receipt of the
				  request by providing a copy of the records or, with the consent of the
				  requestor, a summary or explanation of such information.
(2) The pharmacy must provide confidential
				  records as requested in a mutually agreed upon format.
(3) Access to confidential records may be
				  expedited at the request of a patient or a patient's agent if there is a
				  medical emergency. The pharmacy must respond to a request for expedited access
				  to confidential records within 24 hours if the records are maintained at the
				  pharmacy or within 72 hours if the records are stored off-site. The pharmacy
				  may charge a reasonable fee, in addition to the fees outlined in subsection (d)
				  of this section, of no more than $25.00 for expediting a request for access to
				  confidential records.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter A - ALL CLASSES OF PHARMACIES › Section 291.29 - Professional Responsibility of Pharmacists

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  A pharmacist shall exercise sound professional judgment with respect to the
				  accuracy and authenticity of any prescription drug order dispensed. If the
				  pharmacist questions the accuracy or authenticity of a prescription drug order,
				  the pharmacist shall verify the order with the practitioner prior to
				  dispensing.
(b) A pharmacist shall
				  make every reasonable effort to ensure that any prescription drug order,
				  regardless of the means of transmission, has been issued for a legitimate
				  medical purpose by a practitioner in the course of medical practice. A
				  pharmacist shall not dispense a prescription drug if the pharmacist knows or
				  should have known that the order for such drug was issued without a valid
				  pre-existing patient-practitioner relationship as defined by the Texas Medical
				  Board in 22 Texas Administrative Code (TAC) §190.8 (relating to Violation
				  Guidelines) or without a valid prescription drug order.
(1) A prescription drug order may not be
				  dispensed or delivered by means of the Internet unless pursuant to a valid
				  prescription that was issued for a legitimate medical purpose in the course of
				  medical practice by a practitioner, or practitioner covering for another
				  practitioner.
(2) A prescription
				  drug order may not be dispensed or delivered if the pharmacist has reason to
				  suspect that the prescription drug order may have been authorized in the
				  absence of a valid patient-practitioner relationship, or otherwise in violation
				  of the practitioner's standard of practice to include that the practitioner:
(A) did not establish a diagnosis through the
				  use of acceptable medical practices for the treatment of patient's
				  condition;
(B) prescribed
				  prescription drugs that were not necessary for the patient due to a lack of a
				  valid medical need or the lack of a therapeutic purpose for the prescription
				  drugs; or
(C) issued the
				  prescriptions outside the usual course of medical practice.
(3) Notwithstanding the provisions
				  of this subsection and as authorized by the Texas Medical Board in 22 TAC
				  §
											190.8, a
				  pharmacist may dispense a prescription when a physician has not established a
				  professional relationship with a patient if the prescription is for medications
				  for:
(A) sexually transmitted diseases for
				  partners of the physician's established patient; or
(B) a patient's family members if the patient
				  has an illness determined by the Centers for Disease Control and Prevention,
				  the World Health Organization, or the Governor's office to be
				  pandemic.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter B - COMMUNITY PHARMACY (CLASS A) › Section 291.31 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Accurately as
				  prescribed--Dispensing, delivering, and/or distributing a prescription drug
				  order:
(A) to the correct patient (or agent of
				  the patient) for whom the drug or device was prescribed;
(B) with the correct drug in the correct
				  strength, quantity, and dosage form ordered by the practitioner; and
(C) with correct labeling (including
				  directions for use) as ordered by the practitioner. Provided, however, that
				  nothing herein shall prohibit pharmacist substitution if substitution is
				  conducted in strict accordance with applicable laws and rules, including
				  Chapter 562 of the Texas Pharmacy Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter B - COMMUNITY PHARMACY (CLASS A) › Section 291.32 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Pharmacist-in-charge.
(1) General.
(A) Each Class A pharmacy shall have one
				  pharmacist-in-charge who is employed on a full-time basis and who may be the
				  pharmacist-in-charge for only one such pharmacy; provided, however, such
				  pharmacist-in-charge may be the pharmacist-in-charge of:
(i) more than one Class A pharmacy, if the
				  additional Class A pharmacies are not open to provide pharmacy services
				  simultaneously; or
(ii) during an
				  emergency, up to two Class A pharmacies open simultaneously if the
				  pharmacist-in-charge works at least 10 hours per week in each pharmacy for no
				  more than a period of 30 consecutive days.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter B - COMMUNITY PHARMACY (CLASS A) › Section 291.34 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance of records.
(1) Every inventory or other record required
				  to be kept under the provisions of Subchapter B of this chapter (relating to
				  Community Pharmacy (Class A)) shall be:
(A)
				  kept by the pharmacy at the pharmacy's licensed location and be available, for
				  at least two years from the date of such inventory or record, for inspecting
				  and copying by the board or its representative and to other authorized local,
				  state, or federal law enforcement agencies; and
(B) supplied by the pharmacy within 72 hours,
				  if requested by an authorized agent of the Texas State Board of Pharmacy. If
				  the pharmacy maintains the records in an electronic format, the requested
				  records must be provided in a mutually agreeable electronic format if
				  specifically requested by the board or its representative. Failure to provide
				  the records set out in this section, either on site or within 72 hours,
				  constitutes prima facie evidence of failure to keep and maintain records in
				  violation of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter B - COMMUNITY PHARMACY (CLASS A) › Section 291.35 - Official Prescription Requirements

Current through Reg. 49, No. 28; July 12, 2024
Class A pharmacies are subject to the rules set forth in
					 chapter 315 of this title (relating to Controlled
					 Substances).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter C - NUCLEAR PHARMACY (CLASS B) › Section 291.51 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to provide standards for
					 the preparation, labeling, and distribution of radiopharmaceuticals by licensed
					 nuclear pharmacies, pursuant to a radioactive prescription drug order. The
					 intent of this subchapter is to establish a minimum acceptable level of
					 pharmaceutical care to the patient so that the patient's health is protected
					 while contributing to positive patient outcomes. The board has determined that
					 this subchapter is necessary to protect the health and welfare of the citizens
					 of this state.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter C - NUCLEAR PHARMACY (CLASS B) › Section 291.52 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise. Any term not defined in this section shall have the
					 definition set forth in the Act, §551.003.
(1) Accurately as prescribed--Dispensing,
				  delivering, and/or distributing a prescription drug order or radioactive
				  prescription drug order:
(A) to the correct
				  patient (or agent of the patient) for whom the drug or device was
				  prescribed;
(B) with the correct
				  drug in the correct strength, quantity, and dosage form ordered by the
				  practitioner; and
(C) with correct
				  labeling (including directions for use) as ordered by the practitioner.
				  Provided, however, that nothing herein shall prohibit pharmacist substitution
				  if substitution is conducted in strict accordance with applicable laws and
				  rules, including Subchapter A, Chapter 562 of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter C - NUCLEAR PHARMACY (CLASS B) › Section 291.53 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Pharmacists-in-Charge.
(1) General.
(A) Every nuclear pharmacy shall have an
				  authorized nuclear pharmacist designated on the nuclear pharmacy license as the
				  pharmacist-in-charge who shall be responsible for a nuclear pharmacy's
				  compliance with laws and regulations, both state and federal, pertaining to the
				  practice of nuclear pharmacy.
(B)
				  The nuclear pharmacy pharmacist-in-charge shall see that directives from the
				  board are communicated to the owner(s), management, other pharmacists, and
				  interns of the nuclear pharmacy.
(C) Each Class B pharmacy shall have one
				  pharmacist-in-charge who is employed on a full-time basis and who may be the
				  pharmacist-in-charge for only one such pharmacy; provided, however, such
				  pharmacist-in-charge may be the pharmacist-in-charge of:
(i) more than one Class B pharmacy, if the
				  additional Class B pharmacies are not open to provide pharmacy services
				  simultaneously; or
(ii) during an
				  emergency, up to two Class B pharmacies open simultaneously if the
				  pharmacist-in-charge works at least 10 hours per week in each pharmacy for no
				  more than a period of 30 consecutive days.
(D) The pharmacist-in-charge of a Class B
				  pharmacy may not serve as the pharmacist-in-charge of a Class A pharmacy or a
				  Class C pharmacy with 101 beds or more.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter C - NUCLEAR PHARMACY (CLASS B) › Section 291.54 - Operational Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) Licensing
				  requirements.
(1) It is unlawful for a person
				  to provide radioactive drug services unless such provision is performed by a
				  person licensed to act as an authorized nuclear pharmacist, as defined by the
				  board, or is a person acting under the direct supervision of an authorized
				  nuclear pharmacist acting in accordance with the Act and its rules, and the
				  regulations of the Texas Department of State Health Services, Radiation Control
				  Program. Subsection (a) of this section does not apply to:
(A) a licensed practitioner or his or her
				  designated agent for administration to his or her patient, provided no person
				  may receive, possess, use, transfer, own, acquire, or dispose of
				  radiopharmaceuticals except as authorized in a specific or a general license as
				  provided in accordance with the requirements of the Texas Department of State
				  Health Services, Radiation Control Program, Texas Administrative Code, Title
				  25, Part 1, Subchapter F, §289.252 relating to Licensing of Radioactive
				  Material, or the Act;
(B)
				  institutions and/or facilities with nuclear medicine services operated by
				  practitioners and who are licensed by the Texas Department of State Health
				  Services, Radiation Control Program, to prescribe, administer, and dispense
				  radioactive materials (drugs and/or devices).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter C - NUCLEAR PHARMACY (CLASS B) › Section 291.55 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance of records.
(1) Every inventory or other record required
				  to be kept under this section shall be:
(A)
				  kept by the pharmacy and be available, for at least two years from the date of
				  such inventory or record, for inspecting and copying by the board or its
				  representative, and other authorized local, state, or federal law enforcement
				  agencies; and
(B) supplied by the
				  pharmacy within 72 hours, if requested by an authorized agent of the board. If
				  the pharmacy maintains the records in an electronic format, the requested
				  records must be provided in a mutually agreeable electronic format it
				  specifically requested by the board or its representative. Failure to provide
				  the records set out in this subsection, either on site or within 72 hours,
				  constitutes prima facie evidence of failure to keep and maintain records in
				  violation of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter D - INSTITUTIONAL PHARMACY (CLASS C) › Section 291.71 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of these sections is to provide standards in
					 the conduct, practice activities, and operation of a pharmacy located in a
					 hospital or other inpatient facility that is licensed under the Texas Hospital
					 Licensing Law, the Health and Safety Code, Chapter 241, or the Texas Mental
					 Health Code, Chapter 6, Texas Civil Statutes, Article 5547-1 et seq., or a
					 pharmacy located in a hospital maintained or operated by the state. The intent
					 of these standards is to establish a minimum acceptable level of pharmaceutical
					 care to the patient so that the patient's health is protected while
					 contributing to positive patient outcomes.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter D - INSTITUTIONAL PHARMACY (CLASS C) › Section 291.72 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Accurately as
				  prescribed--Distributing and/or delivering a medication drug order:
(A) to the correct patient (or agent of the
				  patient) for whom the drug or device was prescribed;
(B) with the correct drug in the correct
				  strength, quantity, and dosage form ordered by the practitioner; and
(C) with correct labeling as ordered by the
				  practitioner and required by rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter D - INSTITUTIONAL PHARMACY (CLASS C) › Section 291.73 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Requirements for pharmacist services.
(1) A Class C pharmacy in a facility with 101
				  beds or more shall be under the continuous on-site supervision of a pharmacist
				  during the time it is open for pharmacy services; provided, however, that
				  pharmacy technicians and pharmacy technician trainees may distribute
				  prepackaged and prelabeled drugs from a drug storage area of the facility
				  (e.g., a surgery suite), in the absence of physical supervision of a
				  pharmacist, under the following conditions:
(A) the distribution is under the control of
				  a pharmacist; and
(B) a pharmacist
				  is on duty in the facility.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter D - INSTITUTIONAL PHARMACY (CLASS C) › Section 291.75 - Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance of records.
(1) Every inventory or other record required
				  to be kept under the provisions of §
											291.71 of this
				  title (relating to Purpose), §
											291.72 of
				  this title (relating to Definitions), §
											291.73 of
				  this title (relating to Personnel), §
											291.74 of
				  this title (relating to Operational Standards), and this section contained in
				  Institutional Pharmacy (Class C) shall be:
(A) kept by the institutional pharmacy and be
				  available, for at least two years from the date of such inventory or record,
				  for inspecting and copying by the board or its representative, and other
				  authorized local, state, or federal law enforcement agencies; and
(B) supplied by the pharmacy within 72 hours,
				  if requested by an authorized agent of the board. If the pharmacy maintains the
				  records in an electronic format, the requested records must be provided in a
				  mutually agreeable electronic format if specifically requested by the board or
				  its representative. Failure to provide the records set out in this subsection,
				  either on site or within 72 hours, constitutes prima facie evidence of failure
				  to keep and maintain records in violation of the Act.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter E - CLINIC PHARMACY (CLASS D) › Section 291.91 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Act--The Texas Pharmacy
				  Act, Chapters 551 - 566, 568 - 569, Occupations Code as amended.
(2) Administer--The direct application of a
				  prescription drug by injection, inhalation, ingestion, or any other means to
				  the body of a patient by:
(A) a practitioner
				  or an authorized agent under his supervision; or
(B) the patient at the direction of a
				  practitioner.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 15 - TEXAS STATE BOARD OF PHARMACY › Chapter 291 - PHARMACIES › Subchapter E - CLINIC PHARMACY (CLASS D) › Section 291.92 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Pharmacist-in-charge.
(1) General.
(A) Each Class D pharmacy shall have one
				  pharmacist-in-charge who is employed or under written agreement, at least on a
				  part-time basis, but may be employed on a full-time basis if desired, and who
				  may be pharmacist-in-charge of more than one clinic pharmacy.
(B) A written agreement shall exist between
				  the clinic and the pharmacist-in-charge, and a copy of the written agreement
				  shall be made available to the board upon request.