Part 15.
TEXAS STATE BOARD OF PHARMACY
Chapter 281.
ADMINISTRATIVE PRACTICE AND PROCEDURES
Subchapter A. GENERAL PROVISIONS
22 TAC §281.19
The Texas State Board of Pharmacy proposes new §281.19,
concerning Restrictions on Assignment of Vehicles. The new rule, if adopted,
implements the rule-making provisions of the Texas Government Code, §2171.1045,
concerning Restrictions on Assignment of Vehicles.
Gay Dodson, R.Ph., Executive Director/Secretary, 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. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be compliance with the provisions of the Texas Government
Code, §2171.1045. There is no fiscal impact anticipated for small or
large businesses or to other entities who are required to comply with this
section.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street,
Suite 3-600, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., August 2, 2001.
The amendments are proposed under §2171.1045 of the Texas
Government Code. The Board interprets §2171.1045 as requiring the Board
to adopt rules concerning restrictions on the assignment of vehicles.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§281.19.Restrictions on Assignment of Vehicles.
(a)
Each agency vehicle, with the exception of the agency pool
car, will be assigned to an individual field employee.
(b)
The agency may assign a vehicle to a board member or an
individual administrative or executive employee:
(1)
on a temporary basis if field personnel are not available
to assume responsibility for the car; or
(2)
on a regular basis only if the agency makes a written documented
finding that the assignment is critical to the needs and mission of the agency.
(c)
The agency pool car is assigned to the agency motor pool
and is available for checkout.
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.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103267
Gay Dodson, R. Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 22, 2001
For further information, please call: (512) 305-8028
Subchapter A. ALL CLASSES OF PHARMACIES
22 TAC §291.6
The Texas State Board of Pharmacy proposes amendments to §291.6
concerning Pharmacy License Fees. The proposed amendment, if adopted, will
delete obsolete language, correct citations to the reflect the new codified
Act, and increase the biennial pharmacy license fee from $324 to $363, for
a license that has an expiration date on or after October 1, 2001. Included
in this $363 total is $351 for processing and issuance or renewal of a pharmacist
license, and a $12 surcharge to fund a program to aid impaired pharmacists
and pharmacy students. The surcharge to fund this program has increased from
a biennial fee of $10 to a biennial fee of $12 for each pharmacy license.
The increase in the licensing fee is necessary to generate sufficient revenue
that is collected by the agency through licensure fees, fines, and other miscellaneous
revenue to support agency operations.
Gay Dodson, R.Ph., Executive Director/Secretary has determined that for
the first five-year period the rule is in effect, there will be fiscal implications
for state or local government as a result of enforcing or administering the
rule. The effect on state government for the first five years the rule is
in effect is an estimated increase in licensing revenue to the Texas State
Board of Pharmacy fund of $101,417 in FY2002 and $105,598 in each FY2003-2006.
In addition, an estimated increase of $5,664 in FY2002 and $5,808 in each
FY2003-2006 will be used to administer a program to aid impaired pharmacists
and pharmacy students.
A business is defined for the purpose of this preamble as a single licensed
Texas pharmacy. The cost for compliance with this section for a small business
will be an additional $39 every two years, to obtain a pharmacy license or
renew a pharmacy license. The cost for large businesses will be the same as
for small businesses. Based on the cost per employee, an estimated comparison
of the cost of compliance for a small and large business can be made, if the
number of employees for a small business and large business is known. The
agency has no data on the total number of employees (pharmacists, technicians,
support staff) in each pharmacy; however, the agency does have data on the
number of pharmacists employed at each pharmacy. Based on this data, the following
assumptions are made for this comparison.
Small business = Pharmacy that employs less than 10 pharmacists. The majority
of licensed pharmacies fall into this category. Largest business = Pharmacy
that employs 216 pharmacists.
This comparison shows that the cost of compliance for a small business
is $3.90 per employee every two years, and the cost of compliance for the
largest business is $0.18 per pharmacist employee every two years.
The anticipated economic cost to individuals who are required to comply
with the section as proposed will be an additional $39 every two years if
the individual is a pharmacy owner, to obtain or renew a pharmacy license.
Ms. Dodson also has determined that for each year of the first five-year
period the rule as proposed is in effect, the public benefit anticipated as
a result of enforcing the rule will be to ensure the safety of public health
and welfare by assuring that the Texas State Board of Pharmacy is adequately
funded to carry out its mission, and assuring the funding of a program to
aid impaired pharmacists and pharmacy students.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street,
Suite 3-600, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., August 2, 2001.
The amendments are proposed under §554.006 and §564.051
of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The
Board interprets §554.006 as authorizing the agency to establish reasonable
and necessary fees to produce sufficient revenue to cover the cost of administering
the Texas Pharmacy Act. The Board interprets §564.051 as authorizing
the agency to add a surcharge to a license or license renewal fee to fund
a program to aid impaired pharmacists and pharmacy students.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291.6.Pharmacy License Fees
(a)
The Texas State Board of Pharmacy (board) shall require
[
[
[
[(1)
Renewals prior to March 1, 2000. The
fee for initial or annual renewal of a pharmacy license shall be $164 for
licenses with an expiration date on or after January 1, 1996. (This $164 fee
includes $157 for processing the application and issuance of the pharmacy
license or renewal as authorized by the Act, §39, and a $7.00 surcharge
to fund a program to aid impaired pharmacists and pharmacy students as authorized
by the Act, §27A.)]
[(2)
Annual Renewal Cycle. The fee for initial
or annual renewal of a pharmacy license shall be $162 for licenses with an
expiration date on or after March 1, 2000. (This $162 fee includes $157 for
processing the application and issuance of the pharmacy license or renewal
as authorized by the Act, §39, and a $5.00 surcharge to fund a program
to aid impaired pharmacists and pharmacy students as authorized by the Act, §27A.)]
[
[
(1)
$324 for licenses with an expiration date on
or after March 1, 2000. (This $324 fee includes $314 for processing the application
and issuance of the pharmacy license or renewal as authorized by the Act,
§554.006
[
(2)
$363 for licenses with an expiration
date on or after October 1, 2001. (This $363 fee includes $351 for processing
the application and issuance of the pharmacy license or renewal as authorized
by the Act, §554.006, and a $12.00 surcharge to fund a program to aid
impaired pharmacists and pharmacy students as authorized by the Act, §564.051
and §6 of Acts 1999, 76th Leg., ch. 1518, eff. Sept. 1, 1999, which amends §27A(g)
of Vernon's Ann.Civ.St. Art. 4542a-1 (now §564.051) without reference
to the repeal of said article by Acts 1999, 76th Leg., Ch. 388, §6(a).)
(b)
[
(c)
[
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.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103268
Gay Dodson, R. Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 22, 2001
For further information, please call: (512) 305-8028
22 TAC §291.32, §291.36
The Texas State Board of Pharmacy proposes amendments to §291.32,
concerning Personnel, and §291.36, concerning Class A Pharmacies Compounding
Sterile Pharmaceuticals. The amendments, if adopted, will require certified
pharmacy technicians to display their current certification certificates.
Gay Dodson, R.Ph., Executive Director/Secretary, 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. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be to provide the public a method to verify a pharmacy
technician's level of training (certification). There is no fiscal impact
anticipated for small or large businesses or to other entities who are required
to comply with this section.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street,
Suite 3-600, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., August 2, 2001.
The amendments are proposed under §§551.002, 554.051,
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 §554.053 as authorizing the Board to adopt rules for
the use and duties of pharmacy technicians in a pharmacy.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291.32.Personnel.
(a) - (b)
(No change.)
(c)
Pharmacy technicians.
(1)
Qualifications.
(A) - (B)
(No change.)
(C)
Certified Pharmacy Technicians.
(i)
All certified pharmacy technicians shall have
taken and passed the National Pharmacy Technician Certification Exam or other
examination approved during an open meeting by the Board and maintain a current
certification with the Pharmacy Technician Certification Board or any other
entity providing an examination approved by the Board.
(ii)
A certified pharmacy technician shall
publicly display their current certification certificate in the technician's
primary place of practice.
(2) - (5)
(No change.)
(d)
(No change.)
§291.36.Class A Pharmacies Compounding Sterile Pharmaceuticals.
(a) - (b)
(No change.)
(c)
Personnel.
(1) - (2)
(No change.)
(3)
Pharmacy technicians.
(A)
Qualifications.
(i) - (ii)
(No change.)
(iii)
Certified Pharmacy Technicians.
(I)
All certified pharmacy technicians shall have
taken and passed the National Pharmacy Technician Certification Exam or other
examination approved during an open meeting by the Board and maintain a current
certification with the Pharmacy Technician Certification Board or any other
entity providing an examination approved by the Board.
(II)
A certified pharmacy technician shall
publicly display their current certification certificate in the technician's
primary place of practice.
(B) - (E)
(No change.)
(4) - (5)
(No change.)
(d) - (f)
(No change.)
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.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103269
Gay Dodson, R. Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 22, 2001
For further information, please call: (512) 305-8028
22 TAC §291.53
The Texas State Board of Pharmacy proposes amendments to §291.53,
concerning Personnel. The amendments, if adopted, will require certified pharmacy
technicians to maintain current certification and display their current certification
certificates.
Gay Dodson, R.Ph., Executive Director/Secretary, 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. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be to provide the public a method to verify a pharmacy
technician's level of training (certification). There is no fiscal impact
anticipated for small or large businesses or to other entities who are required
to comply with this section.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street,
Suite 3-600, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., August 2, 2001.
The amendments are proposed under §§551.002, 554.051,
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 §554.053 as authorizing the Board to adopt rules for
the use and duties of pharmacy technicians in a pharmacy.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291.53.Personnel.
(a)-(b)
(No change.)
(c)
Pharmacy Technicians.
(1)
General.
(A)-(D)
(No change.)
(E)
Effective January 1, 2001, all pharmacy technicians shall
have taken and passed the National Pharmacy Technician Certification Exam
or other examination approved during an open meeting by the Board or be a
pharmacy technician trainee.
(F)
All certified pharmacy technicians
shall maintain a current certification with the Pharmacy Technician Certification
Board or any other entity providing an examination approved by the Board.
(G)
A certified pharmacy technician
shall publicly display their current certification certificate in the technician's
primary place of practice.
(2)-(3)
(No change.)
(d)
(No change.)
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.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103270
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 22, 2001
For further information, please call: (512) 305-8028
22 TAC §291.73
The Texas State Board of Pharmacy proposes amendments to §291.73,
concerning Personnel. The amendments, if adopted, will require certified pharmacy
technicians to display their current certification certificates.
Gay Dodson, R.Ph., Executive Director/Secretary, 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. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be to provide the public a method to verify a pharmacy
technician's level of training (certification). There is no fiscal impact
anticipated for small or large businesses or to other entities who are required
to comply with this section.
Comments on the proposal may be submitted to Steve Morse, R.Ph., Director
of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe Street,
Suite 3-600, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., August 2, 2001.
The amendments are proposed under sections 551.002, 554.051,
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 554.053 as authorizing the Board to adopt rules for
the use and duties of pharmacy technicians in a pharmacy.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291.73.Personnel.
(a)-(d)
(No change.)
(e)
Pharmacy technicians.
(1)
Qualifications.
(A)-(B)
(No change.)
(C)
Certified Pharmacy Technicians.
(i)
All certified pharmacy technicians shall have
taken and passed the National Pharmacy Technician Certification Exam or other
examination approved during an open meeting by the Board and maintain a current
certification with the Pharmacy Technician Certification Board or any other
entity providing an examination approved by the Board.
(ii)
A certified pharmacy technician
shall publicly display their current certification certificate in the technician's
primary place of practice.
(2)-(5)
(No change.)
(f)-(g)
(No change.)
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.
Filed with the Office of
the Secretary of State, on June 11, 2001.
TRD-200103271
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 22, 2001
For further information, please call: (512) 305-8028
Chapter 291.
PHARMACIES
annual or
] biennial renewal of all licenses provided under the
Pharmacy Act,
§561.002 and §8 of Acts 1999, 76th Leg., ch.
1518, eff. Sept. 1, 1999, which amends §29(a) of Vernon's Ann.Civ.St.
Art. 4542a-1 (now §561.002) without reference to the repeal of said article
by Acts 1999, 76th Leg., Ch. 388, §6(a).
[
§31. In order
to evenly distribute the revenue received from license fees, a pharmacy license
fee may renew on an annual or biennial basis during the first 12 months of
the implementation of the biennial renewal cycle, beginning March 1, 2000.
After the implementation of the biennial renewal system, all pharmacy licenses
shall renew on a biennial basis.
]
(b)
]
The board shall charge the following
fees for the issuance or renewal of a pharmacy license.
]
(3)
]
Biennial Renewal Cycle.
] The fee
for initial or biennial renewal of a pharmacy license shall be
as follows:
§39
], and a $10 surcharge to fund a program
to aid impaired pharmacists and pharmacy students as authorized by the Act,
§564.051 and §6 of Acts 1999, 76th Leg., ch. 1518, eff. Sept. 1,
1999, which amends §27A(g) of Vernon's Ann.Civ.St. Art. 4542a-1 (now §564.051)
without reference to the repeal of said article by Acts 1999, 76th Leg., Ch.
388, §6(a).); or
[
§27A.)
]
(c)
] New pharmacy licenses shall
be assigned an expiration date.
(d)
] The fee for issuance of an
amended pharmacy license shall be $20.
Subchapter B. COMMUNITY PHARMACY (CLASS A)
Subchapter C. NUCLEAR PHARMACY (CLASS B)
Subchapter D. INSTITUTIONAL PHARMACY (CLASS C)
Chapter 295.
PHARMACISTS