TITLE examining-boards

Part XV. Texas State Board of Pharmacy

Chapter 283. Licensing Requirements for Pharmacists

22 TAC §283.7, §283.9

The Texas State Board of Pharmacy proposes amendments to §283.7 and §283.9, concerning Examination Requirements and Fee Requirements for Licensure by Examination and Reciprocity.

These amendments will change the (1) method of payment of these fees by the applicant; (2) refund policies of the agency; (3) procedures to score transfer a NAPLEX score to other states; and (4) make the application deadlines the same for NAPLEX and Reciprocity Candidates.

The Texas State Board of Pharmacy contracts with the National Association of Board's of Pharmacy (NABP) to develop, administer and grade the North American Pharmacist Licensing Examination. Beginning in March 1997, the pen and paper NAPLEX will convert to a computer-adaptive examination developed by NABP and administered in approved test network centers (Sylvan Technology Centers and approved test centers in board of pharmacy offices). With the implementation of the computer adaptive examination, NABP has changed the procedures for payment of fees, refunds, and score transfers. These rule amendments will make the rules consistent with the NABP policies.

Fred S. Brinkley, Jr., R.Ph., M.B.A., Executive Director/Secretary has determined that for the first five-year period the rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rules.

Mr. Brinkley also has determined that for each year of the first five-year period the rules will be in effect the public benefit anticipated as a result of enforcing the rules will be the establishment of a system for licensing qualified individuals as pharmacists.

There will be no effect on small businesses and there are no anticipated economic costs to persons who are required to comply with the rules as proposed.

Comments on the proposal may be submitted to Gay Dodson, Director of Compliance, 333 Guadalupe, Box 21, Suite 3-600, Austin, Texas, 78701-3942.

The amendments are proposed under the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), §30, which specifies that the Board shall establish reasonable and necessary fees so that fees, in the aggregate, produce sufficient revenue to cover the cost of administering this Act; and §21 which specifies the qualifications for licensing by examination.

The statutes affected by the rules: Texas Civil Statutes, Article 4542a-1.

§283.7. Examination Requirements.

Each applicant for licensure by examination shall pass the Texas Pharmacy Jurisprudence Examination and the NAPLEX. The examination requirements shall be as follows:

(1)-(5)

(No change)

[(6)

If the applicant should fail both NAPLEX and the Texas Pharmacy Jurisprudence Examination, the examinations shall be retaken at the same administration as specified in 283.11 of this title (relating to Examination Retake Requirements).]

(6) [(7)]

If the applicant should fail one of the examinations, the grade of the examination which the applicant initially passed may be used for the purpose of licensure by examination for a period of two years from the date of passing the initial examination.

(7) [(8)]

Examination applications and fees as specified in 283.9(a) of this title (relating to Fee Requirements for Licensure by Examination and Reciprocity) shall be received in the board office no later than six weeks prior to the examination date. [the following prescribed deadlines:

[(A)

for the initial examination or retake of NAPLEX and the Texas Pharmacy Jurisprudence Examination - six weeks prior to the examination date; and

[(B)

for retake of the Texas Pharmacy Jurisprudence Examination only three weeks prior to the examination date.]

(8) [(9)]

Each applicant for licensure by examination utilizing NAPLEX scores transferred from another state shall meet the following requirements for licensure in addition to the requirements set out in paragraphs (1) - (7) [(1) - (8)] of this section.

(A)

The applicant shall request NABP to transfer NAPLEX scores to the board. Such request shall be in accordance with NABP policy. [postmarked no later than seven days from the date of the NAPLEX test administration.]

(B)

The applicant shall pay the fee set out in 283.9 of this title (relating to Fee Requirements for Licensure by Examination and Reciprocity).

§283.9. Fee Requirements for Licensure by Examination and Reciprocity.

(a)

The fees for licensure by examination and reciprocity shall include one exam administration and are as follows:

(1)

examination fee -- $300 effective for the June 1995 examination. Effective for the March 1997 examination, the $300 fee includes:

(A)

a NAPLEX application fee of $250, which is to be paid to NABP in accordance with NABP policy; and

(B)

an examination processing fee of $50, which is to be paid to the Texas State Board of Pharmacy and includes processing of the NAPLEX application and/or administration of the Texas Pharmacy Jurisprudence Examination).

[(1)

examination fee--$200 effective for the June 1988 examination and $300 effective for the June 1995 examination (includes administration of NABPLEX and Texas Pharmacy Jurisprudence Examination); and]

(2)

(No change.)

(b)

If an applicant fails an examination or is required to take an examination for reinstatement of a license, the fees for one exam administration [administration of the examination(s)] are as follows:

(1)

NAPLEX and Texas Pharmacy Jurisprudence or NAPLEX only -- $300, effective for the June 1995 examination. Effective for the March 1997 examination, the $300 fee includes:

(A)

a NAPLEX application fee of $250, which is to be paid to NABP in accordance with NABP policy; and

(B)

an examination processing fee of $50, which is to be paid to the Texas State Board of Pharmacy and includes processing of the NAPLEX application and/or administration of the Texas Pharmacy Jurisprudence Examination).

[(1)

NAPLEX and Texas Pharmacy Jurisprudence or NAPLEX only--$200, effective for the June 1988 examination and $300, effective for the June 1995 examination; and]

(2)

(No change.)

(c)

Rescheduling or canceling an examination appointment. Refunds of fees are available under limited circumstances as follows.

(1)

Examination Fee - $300.

(A)

$250 NAPLEX application fee -- refunds are available under limited circumstances and in accordance with NABP policy. Rescheduling of an examination appointment shall be in accordance with NABP policy.

(B)

$50 examination processing fee - written notification must be received in the board office no later than six weeks before the scheduled examination date in order to receive a refund or to reschedule an examination.

(2)

Reciprocity Fee -- $250. Written notification must be received in the board office no later than six weeks before the scheduled examination date in order to receive a refund or to reschedule an examination.

(3)

Texas Pharmacy Jurisprudence Examination -- $50. Written notification must be received in the board office no later than six weeks before the scheduled examination date, in order to receive a refund or re-schedule an examination.

[(c)

Payment of the fee shall include one exam administration. Such fee is nonrefundable, if the applicant fails to be present at a scheduled examination, unless the board receives written notification no later than six weeks before the date of such examination that the applicant will not be present at the examination.]

(d)-(e)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's authority to adopt.

Issued in Austin, Texas, on December 18, 1996.

TRD-9700081

Fred S. Brinkley, Jr., R.Ph., M.B.A.

Executive Director/Secretary

Texas State Board of Pharmacy

Earliest possible date of adoption: February 17, 1997

For further information, please call: (512) 305-8027


Part XXI. Texas State Board of Examiners of Psychologists

Chapter 461. General Rules

22 TAC §461.7

The Texas State Board of Examiners of Psychologists proposes an amendment to §461.7 concerning Inactive Status. The amendment is being proposed in order to consolidate all rules regarding inactive status for licensees/certificands, as well as to identify all other license statuses.

Sherry L. Lee, Executive Director, has determined that for the first five-year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the rule.

Ms. Lee also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to make the rules easier to understand and follow and to better inform the public of the status of a particular licensee. There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the rule as proposed.

Comments on the proposal may be submitted to Janice C. Alvarez, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Suite 2-450, Austin, Texas 78701, (512) 305-7700.

The amendment is proposed under Texas Civil Statutes, Article 4512c, which provide the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

The proposed amendment does not affect other statutes, articles, or codes.

License Statuses [Inactive Status]. (a)

Active Status. Any person with a license on active status may practice psychology pursuant to that license. Any license that is not on inactive, delinquent, retired, resigned, void or revoked status is considered to be on active status. Active status is the only status under which a licensee may engage in the practice of psychology.

(b)

Inactive Status

(1)

Persons who seek inactive status [for their certification and/or licensure are required to] must return their [certificate and] license to the Board. [See Chapater 473 of this title (relating to fees).] A person may not engage in the practice of psychology under an inactive license.

(2)

A person may place his/her active license on inactive status for a period of two years. Reactivation of this license may occur at any time during this two-year period without the person having to take an exam provided that the person notifies the Board and pays the required fees. At the end of the two-year period, if the person has not been reactivated, the license automatically becomes void. The inactive status may be extended for additional increments of two years if, prior to the end of each two-year period, the person notifies the Board in writing that an extension is requested and submits proof to the Board of continuous licensure by a psychology licensing board in another jurisdiction for the past two-year period and payment of all required fees. A person may indefinitely remain on inactive status if he/she is licensed in another jurisdiction and complies with the extension requirements set forth above. Any person wishing to reactivate his/her license that has been on inactive status for four years or more must take and pass the Jurisprudence Exam with the minimum acceptable score as set forth in §463.14 of this title (relating to Cutoff Scores).

(3)

Any person who returns to active status after having been on inactive status must provide proof of compliance with §461.11 of this title (relating to Continuing Education) before reactivation will occur.

(4)

Persons who placed their license on inactive status prior to January 31, 1992:

(A)

May be grandparented to active status within one year of the effective date of this rule by notifying the Board in writing, submitting the required continuing education hours, paying the required fees, and passing the Jurisprudence Exam; or

(B)

May extend their inactive status by notifying the Board, submitting documentation that they have been continuously licensed in another jurisdiction for the previous two years, and paying the required fees.

(c)

Delinquent Status. A person who fails to renew his/her license for any reason when required is considered to be on delinquent status. Any license delinquent for more than one consecutive year shall be void. A person may not engage in the practice of psychology under a delinquent license.

(d)

Restricted status. Any license that is currently subject to disciplinary action and/or sanction is considered to be on restricted status. A person practicing under a restricted license must comply with any restrictions placed thereon by the Board.

(e)

Retirement Status. A person who is on active or inactive status with the Board may retire by notifying the Board in writing prior to or up until the renewal date for the license. A person seeking to retire after his or her renewal date must submit a written request to the Board stating the reasons that notice was not given prior to the expiration date. A person with a pending complaint, a restricted license, a delinquent license, or who is otherwise not in compliance with all applicable Board rules may not retire his or her license without written permission from the Board. Permission to retire will not be granted for the purpose of allowing a licensee to avoid compliance with §461.11 of this title (relating to Continuing Education). A person who retires shall be reported to have retired in good standing.

(f)

Resignation Status. A person may resign only upon express agreement by the Board. A person who resigns shall be reported as:

(1)

Resigned in lieu of adjudication if permitted to resign while a complaint is pending;

(2)

Resigned in lieu of further disciplinary action if permitted to resign while the license is subject to restriction; and

(3)

Resigned in lieu of delinquency status if permitted to resign prior to voiding of the license due to failure to renew.

(g)

Void Status. The Board may void any license that is no longer in active or inactive standing. An individual may not engage in the practice of psychology under a void license. A license that has been voided may not be reinstated for any reason. A licensee whose license has been voided must submit a new application if he or she wishes to obtain a new license with the Board.

(h)

Revoked Status. A license is revoked pursuant to Board Order after a disciplinary action in compliance with due process of law in which the Board has found that a licensee has violated the Board's rules and that the continued practice of psychology by the licensee is not in the best interest of the public.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Issued in Austin, Texas, on January 6, 1997.

TRD-9700158

Sherry L. Lee

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: February 17, 1997

For further information, please call: (512) 305-7700