Part 12. BOARD OF VOCATIONAL NURSE EXAMINERS

Chapter 239. CONTESTED CASE PROCEDURE

Subchapter B. ENFORCEMENT

22 TAC §239.11

The Board of Vocational Nurse Examiners adopts the amendment of §239.11 relating to unprofessional conduct without changes to the proposed text published in the June 30, 2000, issue of the Texas Register (25 TexReg 6277).

The amendment is adopted to allow the Board jurisdiction of vocational nurses or applicants for licensure who are currently participating and/or will be participating in the future in a health care setting.

No comments were received relative to the adoption of this amendment.

The amendment is adopted under Chapter 302, Texas Occupations Code, Subchapter D, §302.151(b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 10, 2000.

TRD-200005562

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 30, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100

Chapter 291. PHARMACIES

Subchapter A. ALL CLASSES OF PHARMACIES

22 TAC §291.29

The Texas State Board of Pharmacy adopts new §291.29, concerning Exemption from Pharmacy Technician Certification Requirements. The new section is adopted with changes to the proposed text as published in the June 16, 2000, issue of the Texas Register (25 TexReg 5783).

The new section implements the provisions of Section 4 of Senate Bill 730 as passed by the 76th Legislature. Specifically, the new section allows the continued use of non-certified, experienced pharmacy technicians and allows pharmacies in counties of less than 50,000 population to continue to use non-certified pharmacy technicians. Changes from the proposed text respond to public comments or otherwise reflect nonsubstantive variations from the proposed text.

The Board held a public hearing to receive oral comments on the proposed new §291.29 on August 1, 2000. In addition, written comments were received on the rule.

A change was made to clarify that only initial petitions for exemption must be received by January 1, 2002. This change allows a technician exempted based on 10 years of experience, to repetition for an exemption if they change employment. A written comment was received from the Academy of Pharmacy Technicians, an Academy of the Texas Pharmacy Association. The Academy restated their opposition to exemption from certification but understands that exemptions may need to be issued in emergency situations. The Board agrees and believes the rule adequately accommodates those needs. The Texas Society of Health System Pharmacists provided written comments in support of the rule as proposed.

The new section is adopted under §20A of the Texas Pharmacy Act (Article 4542a-1, Texas Civil Statutes), as added by the 76th Legislature, 1999, and §554.051 of the Occupations Code, Subtitle J. The Board interprets §20A of the Texas Pharmacy Act as authorizing the agency to grant exemptions to the pharmacy technician certification requirements. The Board interprets §554.051 of the Occupations Code as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.

The statutes affected by this rule: Texas Civil Statutes, Article 4542a-1, now codified as Occupations Code, Subtitle J.

§291.29.Exemption from Pharmacy Technician Certification Requirements

(a)

Purpose. The board encourages all pharmacy technicians to become certified. However, the board will consider petitions for exemption on a case by case basis. This section outlines procedures for pharmacy technicians to petition the Board for an exemption to the certification requirements established by Section 20A of the Act.

(b)

Long-term Employees. Pharmacy technicians who, on September 1, 2001, will have been continuously employed as a pharmacy technician in this state for at least 10 years.

(1)

Eligibility.

(A)

A pharmacy technician may petition the board for an exemption from the certification requirements established by Section 20A of the Act if the technician has been continuously employed at a pharmacy in this state since September 1, 1991.

(B)

Initial petitions for the exemption must be received by January 1, 2002.

(2)

Petition process.

(A)

A pharmacy technician shall petition the board for the exemption. The petition shall contain the following:

(i)

name of the pharmacy technician;

(ii)

name, address, and license number (if known) of the Texas pharmacies where the pharmacy technician has been employed;

(iii)

dates of employment in each pharmacy;

(iv)

name of the pharmacy technician's supervisor in each pharmacy where the technician was employed;

(v)

name, address and license number of the pharmacy at which the pharmacy technician is currently working;

(vi)

a notarized statement signed by the pharmacy technician stating that:

(I)

the pharmacy technician has been continuously employed as a pharmacy technician at a pharmacy in this state since September 1, 1991;

(II)

the information provided in the petition is true and correct; and

(vii)

a notarized statement signed by the pharmacist-in-charge of the pharmacy the pharmacy technician is currently working, stating that:

(I)

the pharmacist-in-charge supports the pharmacy technician's petition for exemption from certification;

(II)

the pharmacy technician has completed the pharmacy technician training program at the pharmacy; and

(III)

the pharmacist-in-charge has personally worked with and observed that the pharmacy technician is competent to perform the duties of a pharmacy technician.

(B)

Each petition shall be considered on an individual basis. In determining whether to grant the exemption, the board shall consider the information contained in the petition and additional information including the following:

(i)

the accuracy and completeness of the petition;

(ii)

the employment history of the pharmacy technician and whether it can be verified;

(iii)

the following information concerning the pharmacy where the pharmacy technician is currently working:

(I)

the degree of compliance on previous compliance inspections;

(II)

history of disciplinary action by the board or other regulatory agencies against the license held by the pharmacy or pharmacists working at the pharmacy.

(C)

After review of the petition, the pharmacy technician and the pharmacist- in-charge of the pharmacy where the pharmacy technician is currently working shall be notified in writing of approval or denial of the petition. If the petition is approved, the pharmacy technician will be sent an exemption certificate, which shall be displayed at the pharmacy where the pharmacy technician is currently working.

(3)

Limitations.

(A)

The exemption granted under this section may only be used at the pharmacy noted in the petition and may not be transferred to another pharmacy. If the pharmacy technician ceases employment at the pharmacy or changes employment, the exemption is canceled.

(B)

After January 1, 2001, pharmacy technicians exempted from certification may not perform any of the duties restricted to a certified pharmacy technician.

(c)

Rural counties. Pharmacy technicians working in counties with a population of 50,000 or less.

(1)

Eligibility. A pharmacy technician may petition the board for an exemption from the certification requirements established by Section 20A of the Act if the technician works in a county with a population of 50,000 or less.

(2)

Petition process.

(A)

A pharmacy technician shall petition the board for the exemption. The petition shall contain the following:

(i)

name of the pharmacy technician;

(ii)

name, address, and license number of the pharmacy where the pharmacy technician is employed;

(iii)

name of the county in which the pharmacy is located and the most recent official population estimate for the county from the Texas State Data Center;

(iv)

a notarized statement signed by the pharmacy technician stating:

(I)

the reason(s) the pharmacy technician is asking for the exemption, including reason(s) the pharmacy technician has not taken and passed the National Pharmacy Technician Certification Exam or other examination approved by the Board;

(II)

the information provided in the petition is true and correct; and

(v)

a notarized statement signed by the pharmacist-in-charge of the pharmacy the pharmacy technician is currently working, stating that the:

(I)

pharmacist-in-charge supports the pharmacy technician's petition for exemption;

(II)

pharmacy technician has completed the pharmacy technician training program at the pharmacy; and

(III)

pharmacist-in-charge has personally worked with and observed that the pharmacy technician is competent to perform the duties of a pharmacy technician.

(B)

Each petition shall be considered on an individual basis. In determining whether to grant the exemption, the board shall consider the information contained in the petition and additional information including the following:

(i)

the accuracy and completeness of the petition;

(ii)

reason(s) the pharmacy technician is asking for the exemption;

(iii)

the population of the county;

(iv)

the number of pharmacies located in the county and adjacent counties and the number of pharmacy technicians working in these pharmacies;

(v)

unemployment rate in the county and adjacent counties;

(vi)

the following information concerning the pharmacy where the pharmacy technician is currently working:

(I)

the degree of compliance on previous compliance inspections;

(II)

history of disciplinary action by the board or other regulatory agencies against the licenses held by the pharmacy or pharmacists working at the pharmacy.

(C)

After review of the petition, the pharmacy technician and the pharmacist- in-charge of the pharmacy where the technician is working shall be notified in writing of approval or denial of the petition.

(i)

If the petition is approved, the pharmacy technician shall be sent an exemption certificate, which shall be displayed at the pharmacy where the pharmacy technician is working.

(ii)

In lieu of the exemption, the board may grant the pharmacy technician up to an additional 12 months to take and pass the National Pharmacy Technician Certification Exam or other examination approved by the Board. During this additional time, the pharmacy technician shall be designated a pharmacy technician trainee.

(3)

Limitations.

(A)

The exemption granted under this section may only be used at the pharmacy noted in the petition and may not be transferred to another pharmacy. If the pharmacy technician ceases employment at the pharmacy or changes employment, the exemption is canceled.

(B)

After January 1, 2001, pharmacy technicians exempted from certification may not perform any of the duties restricted to a certified pharmacy technician.

(C)

If the population of the county exceeds 50,000, the Board shall cancel the exemption. The pharmacy technician and the pharmacist-in-charge of the pharmacy shall be notified when an exemption is canceled.

(d)

Requirements for pharmacy technicians granted exemptions.

(1)

The pharmacist-in-charge shall notify the board, within 10 days, if the pharmacy technician terminates employment at the pharmacy.

(2)

Each exempt pharmacy technician shall be required to complete the same number of continuing education hours as required for a certified pharmacy technician.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 11, 2000.

TRD-200005662

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: August 31, 2000

Proposal publication date: June 16, 2000

For further information, please call: (512) 305-8028

22 TAC §§291.32-291.34, 291.36

The Texas State Board of Pharmacy adopts amendments to §291.32, concerning Personnel, §291.33, concerning Operational Standards, §291.34, concerning Records, and §291.36, concerning Class A Pharmacies Compounding Sterile Pharmaceuticals. These amendments are adopted without changes to the proposed text as published in the June 16, 2000, issue of the Texas Register (25 TexReg 5785).

The amendments make changes needed to be consistent with the requirements of a Class C (Institutional) Pharmacy license and make changes to support health science technology programs offered by high schools. Specifically, the amendments: (1) delete the requirement for documentation of the quantity added to an automated compounding or counting device; (2) correct the time limitation for the dispensing of a prescription for a Schedule II controlled substance issued by a practitioner from out-of-state; and (3) allow an individual enrolled in a health science technology education program in a Texas high school to be designated as a pharmacy technician trainee under certain conditions.

No comments were received.

The amendments are adopted under sections 551.002, 554.051, 554.005, and 554.053 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The Board interprets section 551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets section 554.051 as authorizing the agency to adopt rules for the proper administration and enforcement of the Act. The Board interprets section 554.005 as authorizing the agency to regulate the delivery or distribution of prescription drugs as they relate to the practice of pharmacy. The Board interprets 554.053 as authorizing the agency to adopt rules for the use and the duties of pharmacy technicians in a pharmacy.

The statutes affected by this rule: Chapters 551-566, Texas Occupations Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 11, 2000.

TRD-200005661

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: August 31, 2000

Proposal publication date: June 16, 2000

For further information, please call: (512) 305-8082

22 TAC §§291.72-291.76

The Texas State Board of Pharmacy adopts amendments to §291.72, concerning Definitions, §291.73, concerning Personnel, §291.74, concerning Operational Standards, §291.75, concerning Records, and §291.76, concerning Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center. These amendments are adopted without changes to the proposed text as published in the June 16, 2000, issue of the Texas Register (25 TexReg 5787).

The amendments update these sections as a result of a rule review adopted elsewhere in this issue of the Texas Register and makes changes to support health science technology programs offered by high schools. Specifically, the amendments: (1) delete the requirement for documentation of the quantity added to an automated compounding or counting device; (2) make changes required by changes in the statutes, citations, and definitions; (3) add flexibility to the choices for a pharmacy's reference library; (4) remove obsolete language; and (5) allow an individual enrolled in a health science technology education program in a Texas high school to be designated as a pharmacy technician trainee under certain conditions.

No comments were received.

The amendments are adopted under §§551.002, 554.051, 554.005, and 554.053 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051 as authorizing the agency to adopt rules for the proper administration and enforcement of the Act. The Board interprets §554.005 as authorizing the agency to regulate the delivery or distribution of prescription drugs as they relate to the practice of pharmacy and to specify the minimum standards for the maintenance of prescription drug records. The Board interprets §554.053 as authorizing the agency to adopt rules for the use and the duties of pharmacy technicians in a pharmacy.

The statutes affected by this rule: Chapters 551-566, Texas Occupations Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 31, 2000.

TRD-200005660

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: August 31, 2000

Proposal publication date: June 16, 2000

For further information, please call: (512) 305-8028

Chapter 651. FEES

22 TAC §651.2

The Executive Council of Physical Therapy and Occupational Therapy Examiners adopts amendments to §651.2, Physical Therapy Board Fees, with changes to the proposed text as published in the May 19, 2000, issue of the Texas Register (25 TexReg 4455). The change to subsection (c), concerning the fee charged for putting a license on inactive status, will be adopted as proposed. The deletion of subsection (g), concerning the charge for CE program approval, will be adopted as proposed. Also, the word "license" has been inserted in §651.2(c)(2) for language consistency. No other changes will be adopted at this time.

These amendments are being adopted to bring PT and OT administrative procedures into alignment, to charge the inactive fee when the service is provided, and to delete outdated information.

The amendments establish that a licensee must pay the inactive fee to go inactive rather than to return to active status.

No comments were received on the amendment of this section.

The rule is adopted under Title 3, Subtitle H, Chapter 452 of the Occupations Code, which provides the Executive Council of Physical Therapy and Occupational Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

§651.2.Physical Therapy Board Fees.

(a)

Application.

(1)

Physical therapist--$150.

(2)

Physical therapist assistant--$100.

(b)

Application to Retake the Examination.

(1)

Physical Therapist--$25.

(2)

Physical Therapist Assistant--$25.

(c)

License.

(1)

Temporary license.

(A)

Physical therapist--$60.

(B)

Physical therapist assistant--$40.

(2)

Provisional license.

(A)

Physical therapist--$80.

(B)

Physical therapist assistant--$75.

(3)

Active to Inactive.

(A)

Physical therapist--$50.

(B)

Physical therapist assistant--$25.

(d)

Renewal (Active and Inactive).

(1)

Physical therapist--$200 (two-year).

(2)

Physical therapist assistant--$150 (two-year).

(e)

Registration of Facilities.

(1)

First facility--$300.

(2)

Additional site--$100.

(f)

Renewal of Facility Registration.

(1)

First facility--$300.

(2)

Additional site--$100.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 7, 2000.

TRD-200005505

John P. Maline

Executive Director

Executive Council of Physical Therapy and Occupational Therapy Examiners

Effective date: August 27, 2000

Proposal publication date: May 19, 2000

For further information, please call: (512) 305-6900