TITLE 22.EXAMINING BOARDS

Part 15. TEXAS STATE BOARD OF PHARMACY

Chapter 283. LICENSING REQUIREMENTS FOR PHARMACISTS

22 TAC §283.1, §283.6

The Texas State Board of Pharmacy adopts amendments to §283.1, concerning Purpose, and §283.6, concerning Preceptor Requirements. The amendments are adopted without changes to the proposed text as published in the March 15, 2002, issue of the Texas Register (27 TexReg 1969), and will not be republished.

The amendments, as adopted: (1) change a pharmacist preceptor's certification renewal period to coincide with his or her pharmacist license renewal period; (2) require three hours of preceptor training every two years rather than every three years; and (3) update citations to the new codified Texas Pharmacy Act.

The Board received one comment from the Texas Society of Health-System Pharmacists (TSHP) in favor of the amendments to the rules as proposed, provided the required preceptor training program is easily accessible and that the program's content is updated and fresh. The Board agrees with this comment and will work the Texas colleges of pharmacy to increase availability and update content of the required preceptor training programs.

The amendment is adopted under sections 551.002, and 554.051 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 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 May 24, 2002.

TRD-200203225

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: June 13, 2002

Proposal publication date: March 15, 2002

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


Chapter 291. PHARMACIES

Subchapter A. ALL CLASSES OF PHARMACIES

22 TAC §291.11

The Texas State Board of Pharmacy adopts new §291.11, concerning Operation of a Pharmacy. The new rule is adopted without changes to the proposed text as published in the March 15, 2002, issue of the Texas Register (27 TexReg 1972), and will not be republished.

The new rule clarifies what constitutes operation of a pharmacy.

No comments were received regarding adoption of the new rule.

The new rule is adopted under sections 551.002, and 554.051 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 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 May 24, 2002.

TRD-200203227

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: June 13, 2002

Proposal publication date: March 15, 2002

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


Chapter 295. PHARMACISTS

22 TAC §§295.5, 295.7, 295.9

The Texas State Board of Pharmacy adopts amendments to §295.5, concerning Pharmacist License or Renewal Fees, §295.7, concerning Pharmacist License Renewal, and §295.9 concerning Inactive License. The amendments are adopted without changes to the proposed text as published in the March 15, 2002, issue of the Texas Register (27 TexReg 1973), and will not be republished.

The amendments, as adopted: (1) permit a pharmacist, who is at least 72 years old and not actively practicing pharmacy, to renew his or her license without payment of a renewal fee; and (2) updates citations to the new codified Texas Pharmacy Act and makes other changes necessary due to the codification.

No comments were received regarding adoption of the amendments.

The amendments are adopted under sections 551.002, 554.051, and 554.006 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 554.006 as authorizing the agency to establish reasonable fees sufficient to cover the costs of administering the Texas Pharmacy Act.

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 May 24, 2002.

TRD-200203224

Gay Dodson, R.Ph.

Executive Director/Secretary

Texas State Board of Pharmacy

Effective date: June 13, 2002

Proposal publication date: March 15, 2002

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