Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 163.
LICENSURE
22 TAC §163.3
The Texas State Board of Medical Examiners adopts an amendment
to §163.3, concerning Licensure, without changes to the proposed text
as published in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3443) and will not be republished. The amendment
concerns the definition of a graduate of an acceptable unapproved foreign
medical school.
No comments were received regarding adoption of the rule.
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303436
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §175.1, §175.4
The Texas State Board of Medical Examiners adopts amendments
to §175.1 and §175.4, concerning Fees, Penalties and Applications,
without changes to the proposed text as published in the April 25, 2003, issue
of the
Texas Register
(28 TexReg 3443) and
will not be republished. The amendments concern the fee and application required
for reissuance of a physician assistant license.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303437
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts amendments to §§179.1-179.4,
the repeal and replacement of §179.5 and the repeal of §179.6, concerning
Investigation Files, without changes to the proposed text as published in
the April 25, 2003, issue of the
Texas Register
(28
TexReg 3445) and will not be republished.. The amendment to the chapter is
necessary for general clean up of the chapter and update of statutory cites.
Elsewhere in this issue of the
Texas Register
, the Texas State Board of Medical Examiners contemporaneously adopts
the rule review of Chapter 179.
No comments were received regarding adoption of the rules.
22 TAC §§179.1 - 179.4
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303438
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §179.5, §179.6
The repeals are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303439
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §179.5
The new rule is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303440
Donald W. Patrick MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §183.3, §183.20
The Texas State Board of Medical Examiners adopts amendments
to §183.3 and §183.20, concerning Acupuncture, without changes to
the proposed text as published in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3447) and will not be republished. The amendments
concern the number of board meetings to be held and continuing acupuncture
education requirements.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303441
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §184.6
The Texas State Board of Medical Examiners adopts an amendment
to §184.6, concerning Licensure Documentation, without changes to the
proposed text as published in the March 28, 2003, issue of the
Texas Register
(28 TexReg 2696) and will not be republished. The amendment
is made to subsection (b)(3) and regards licensure documentation concerning
examination results.
No comments were received regarding adoption of the rule.
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303442
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: March 28, 2003
For further information, please call: (512) 305-7016
22 TAC §185.3, §185.16
The Texas State Board of Medical Examiners adopts amendments
to §185.3 and §185.16, concerning Physician Assistants, without
changes to the proposed text as published in the April 25, 2003, issue of
the
Texas Register
(28 TexReg 3451) and will
not be republished. The amendments concern the number of board meetings to
be held and supervision of physician assistants in hospital emergency room
settings.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303443
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts amendments to §187.18
and §187.58, concerning Procedural Rules, without changes to the proposed
text as published in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3453) and will not be republished. The amendments
concern the role of the board's legal counsel during hearings.
No comments were received regarding adoption of the rules.
Subchapter B. INFORMAL BOARD PROCEEDINGS
22 TAC §187.18
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303444
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §187.58
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303445
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
22 TAC §200.3
The Texas State Board of Medical Examiners adopts an amendment
to §200.3, concerning Standards for Physicians Practicing Complementary
and Alternative Medicine, without changes to the proposed text as published
in the April 25, 2003, issue of the
Texas Register
(28 TexReg 3455) and will not be republished. The amendment concerns
detailed requirements regarding informed consent, treatment plan, adequate
medical records, therapeutic validity, and clinical investigations.
The title for chapter 200 has changed to Standards for Physicians Practicing
Complementary and Alternative Medicine. The change was made in the February
28, 2003
Texas Register
.
No comments were received regarding adoption of the rule.
The amendment is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 June 9, 2003.
TRD-200303446
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: June 29, 2003
Proposal publication date: April 25, 2003
For further information, please call: (512) 305-7016
Chapter 280.
THERAPEUTIC OPTOMETRY
22 TAC §280.5
The Texas Optometry Board adopts amendments to rule §280.5
with changes to the proposed text published in the April 4, 2003, issue of
the
Texas Register
(28 TexReg 2850). Subsection
(c)(5), as corrected, now reads: "(5) the name and address of the therapeutic
optometrist." Changes to subsection (c)(5) restore the original language of
the rule to when first published and adopted in September 2, 1991. In subsequent
republications in the
Texas Register,
language
from subsection (c)(6) was inadvertently placed into subsection (c)(5). The
language in subsection (c)(5) was never formally amended by the Board.
The amendments incorporate changes made in the Texas Pharmacy Act regarding
dispensing instructions to pharmacies on product substitution. Amendments
by the Pharmacy Board to 22 TAC §309.3 have been incorporated into §280.5
so that licensees of the Board may be in compliance with the Texas Pharmacy
Act. The proposed amendments correct requirements for written, electronically,
and verbally transmitted prescriptions. Citations to the Optometry Act have
also been corrected.
No comments were received.
The amendment is adopted under the Texas Optometry Act, Texas
Occupations Code, § 351.151 and the Texas Pharmacy Act §562.015.
No other section is affected by the amendments.
The Texas Optometry Board interprets §351.151 as authorizing the adoption
of procedural and substantive rules for the regulation of the optometric profession
and §562.015 as authorizing the board to direct licensees to follow statutory
dispensing directives for the communication of substitution instructions to
pharmacists.
§280.5.Prescription and Diagnostic Drugs for Therapeutic Optometry.
(a)
A therapeutic optometrist may administer and prescribe
any drug authorized by Section 351.358 (a) and (b)(1) of the Act.
(b)
To prohibit substitution of a generically equivalent drug
product on a written prescription drug order, a therapeutic optometrist must
write across the face of the written prescription, in the therapeutic optometrist's
own handwriting, "brand necessary" or "brand medically necessary." If the
therapeutic optometrist does not clearly indicate "brand necessary" or "brand
medically necessary," the pharmacist may substitute a generically equivalent
drug product in compliance with the Texas Pharmacy Act, Sections 562.008 and
563.002 of the Texas Occupations Code, and §309.3 of this title.
(c)
All prescriptions shall contain the following information:
(1)
the date of issuance;
(2)
the name and address of the patient for whom the drug is
prescribed;
(3)
the name, strength, and quantity of the drug, medicine,
or device prescribed;
(4)
the direction for use of the drug, medicine, or device
prescribed;
(5)
the name and address of the therapeutic optometrist;
(6)
the written signature of the prescribing therapeutic optometrist;
and
(7)
the license number of the prescribing therapeutic optometrist
including the therapeutic designation.
(d)
The prescribing therapeutic optometrist issuing verbal
or electronic prescription drug orders to a pharmacist shall furnish the same
information required for a written prescription, except for the written signature.
If the therapeutic optometrist does not clearly indicate "brand necessary"
or "brand medically necessary," when communicating the prescription to the
pharmacist, the pharmacist may substitute a generically equivalent drug product
in compliance with the Texas Pharmacy Act and §309.3 of this title.
(e)
A therapeutic optometrist may charge a reasonable fee for
drugs administered within the optometric office, but a therapeutic optometrist
shall not charge for any drugs supplied to the patient as take-home medication.
Any drug supplied by a therapeutic optometrist other than an over-the counter
drug shall be labeled in compliance with the following information in compliance
with the Texas Dangerous Drug Act (Health and Safety Code, Chapter 483), shall
contain the following:
(1)
the name, address and telephone number of the therapeutic
optometrist;
(2)
the date of dispensing;
(3)
the name of the patient;
(4)
the name and strength of the drug; and
(5)
the directions for use.
(f)
At least annually, the Texas Optometry Board shall provide
to the Texas State Board of Pharmacy a list of the topical ocular pharmaceutical
agents which may be prescribed by therapeutic optometrist.
(g)
A therapeutic optometrist may administer and prescribe
all:
(1)
ophthalmic devices;
(2)
over-the-counter oral medications; and
(3)
appropriate topical pharmaceutical agents used for diagnosing
and treating visual defects, abnormal conditions, and diseases of the human
eye and adnexa, which are included in the following classifications or are
combinations of agents in the classifications. No drug falling within one
of the following categories may be used for the treatment of glaucoma in a
manner that was not permitted by law on August 31, 1991:
(A)
anti-allergy:
(i)
antihistamine;
(ii)
membrane stabilizer;
(B)
anti-fungal:
(i)
imidazoles;
(ii)
polyenes;
(C)
anti-infective:
(i)
aminoglycoside;
(ii)
anti-cell membrane;
(iii)
anti-cell wall synthesis;
(iv)
anti-DNA synthesis;
(v)
anti-protein synthesis (excluding chloramphenicol);
(vi)
anti-ACHase;
(vii)
cephalosporin;
(viii)
agents affecting intermediary metabolism;
(D)
anti-inflammatory:
(i)
nonsteroidal anti-inflammatory drug (NSAID);
(ii)
steroid;
(E)
antiseptic;
(F)
chelating agent;
(G)
chemical cautery;
(H)
cycloplegic: parasympatholytic;
(I)
hyperosmotic;
(J)
miotic:
(i)
anti-ACHase;
(ii)
parasympathomimetic;
(K)
mucolytic;
(L)
mydriatic: sympathomimetic (Alpha 1 agonists only);
(M)
vasoconstrictor: sympathomimetic (Alpha 1 agonists only)
(N)
antivirals.
(h)
The authority of an optometric glaucoma specialist to prescribe
antiglaucoma drugs is defined in §280.10. The following are those drugs
which are classified as antiglaucoma drugs and may not be used by a therapeutic
optometrist in a manner that was not permitted by law on August 31, 1991:
(1)
Pilocarpine 1%-10%
(2)
Carbachol 0.75%-3%
(3)
Carteolol
(4)
Epinephrine 0.25%-2%
(5)
Dipivefrin 0.1%
(6)
Betaxolol 0.5%
(7)
Levobunolol 0.5%
(8)
Metipranolol 0.3%
(9)
Timolol 0.25%-0.5%
(10)
Physostigmine 0.25%-0.5%
(11)
Demecarium 0.125%-0.25%
(12)
Echothiophate 0.03%-0.25%
(13)
Isoflurophate 0.25%
(i)
This formulary specifically lists the types of drugs which
may be prescribed by a therapeutic optometrist. Subject to the antiglaucoma
limitations described in subsections (g) and (h) of this section, a therapeutic
optometrist may possess and administer any topical ocular pharmaceutical agent
which has a legitimate diagnostic or therapeutic use.
(j)
A therapeutic optometrist may possess and administer cocaine
eye drops for diagnostic purpose. The cocaine eye drops must be no greater
than 10 percent solution in prepackaged liquid form.
(1)
A therapeutic optometrist must observe all requirements
of the Texas Controlled Substances Act, the Health and Safety Code, Chapter
481, and all requirements of the Texas Department of Public Safety (DPS) Drug
Rules, in making application and maintaining renewal of a United States Drug
Enforcement Administration (DEA) registration number for possession of the
cocaine eye drops, a Schedule II controlled substance.
(2)
A therapeutic optometrist must obtain a registration number
from the DPS for the principal office of practice. Application may be made
for a separate registration for the practice of optometry at a satellite office
but all requirements of this rule shall apply in all locations.
(3)
The therapeutic optometrist must use the required DEA form
for the purchase of the cocaine eye drops and shall maintain a complete and
accurate record of purchases (to include samples received from pharmaceutical
manufacturer representatives) and administration of controlled substances.
The maximum amount to be purchased and maintained in an office of practice
shall be no more than two vials, one opened and one in inventory.
(4)
The recordkeeping listed in this section shall be subject
to inspection at all times by the Texas Department of Public Safety, the U.S.
Drug Enforcement Administration, and the Texas Optometry Board and any officer
or employee of the governmental agencies shall have the right to inspect and
copy records, reports, and other documents, and inspect security controls,
inventory and premises where such cocaine eye drops are possessed or administered.
(5)
Minimum security controls shall be established to include
but not limited to:
(A)
establishing adequate security to prevent unauthorized
access and diversion of the controlled substance,
(B)
during the course of business activities, not allowing
any individual access to the storage area for controlled substances except
those authorized by the therapeutic optometrist,
(C)
storing the controlled substance in a securely locked,
substantially constructed cabinet or security cabinet which shall meet the
requirements under the DPS Drug Rules,
(D)
not employ in any manner an individual that would have
access to controlled substances who has had a federal or state application
for controlled substances denied or revoked, or have been convicted of a felony
offense under any state or federal law relating to controlled substances or
been convicted of any other felony, or have been a licensee of a health regulatory
agency whose license has been revoked, canceled, or suspended.
(6)
Failure of the therapeutic optometrist to maintain strict
security and proper accountability of controlled substance shall be deemed
to be a violation of the Texas Optometry Act, §351.501 and §351.551.
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 June 6, 2003.
TRD-200303427
Chris Kloeris
Executive Director
Texas Optometry Board
Effective date: June 26, 2003
Proposal publication date: April 4, 2003
For further information, please call: (512) 305-8502
Chapter 291.
PHARMACIES
Subchapter B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.32
The Texas State Board of Pharmacy adopts amendments to §291.32,
concerning Personnel. The amendments are adopted without changes to the proposed
text as published in the March 21, 2003, issue of the
Texas Register
(28 TexReg 2446), and will not be republished.
The adopted amendments clarify the requirements for supervision of pharmacy
technicians who enter prescription data into a data processing system.
No comments were received regarding the amendments.
The amendments are adopted under §§551.002, 554.051,
and 554.053 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, 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 agency to establish
rules for the duties of pharmacy technicians in a licensed pharmacy including
supervision of technicians.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, 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 June 3, 2003.
TRD-200303359
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 23, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 305-8028
22 TAC §291.33, §291.36
The Texas State Board of Pharmacy adopts amendments to §291.33,
concerning Operational Standards and §291.36, concerning Class A Pharmacies
Compounding Sterile Pharmaceuticals (Operational Standards). The amendments
are adopted without changes to the proposed text as published in the March
21, 2003, issue of the
Texas Register
(28
TexReg 2447), and will not be republished.
The adopted amendments: (1) permit an individual pharmacist employee of
a pharmacy to perform a drug regimen review from outside the pharmacy; and
(2) clarify library requirements for pharmacies.
No comments were received regarding the amendments.
The amendments are adopted under §551.002 and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, 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 statutes affected by this rule: Chapters 551 - 566 and 568 - 569, 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 June 3, 2003.
TRD-200303360
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 23, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 305-8028
22 TAC §291.54
The Texas State Board of Pharmacy adopts amendments to §291.54,
concerning Operational Standards. The amendments are adopted without changes
to the proposed text as published in the March 21, 2003, issue of the
The adopted amendments permit an individual pharmacist employee of a pharmacy
to perform a drug regimen review from outside the pharmacy.
No comments were received regarding the amendments.
The amendments are adopted under §551.002 and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, 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 statutes affected by this rule: Chapters 551 - 566 and 568 - 569, 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 June 3, 2003.
TRD-200303361
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 23, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 305-8028
22 TAC §291.74
The Texas State Board of Pharmacy adopts amendments to §291.74,
concerning Operational Standards. The amendments are adopted without changes
to the proposed text as published in the March 21, 2003, issue of the
The adopted amendments: (1) permit an individual pharmacist employee of
a pharmacy to perform a drug regimen review from outside the pharmacy; and
(2) clarify library requirements for pharmacies.
No comments were received regarding the amendment.
The amendments are adopted under §551.002 and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, 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 statutes affected by this rule: Chapters 551 - 566 and 568 - 569, 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 June 3, 2003.
TRD-200303362
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 23, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 305-8028
22 TAC §291.104
The Texas State Board of Pharmacy adopts amendments to §291.104,
concerning Operational Standards. The amendments are adopted without changes
to the proposed text as published in the March 21, 2003, issue of the
The adopted amendments clarify that pharmacists in Class E (Non-resident)
Pharmacies must: (1) exercise sound professional judgment when dispensing
a prescription; and (2) determine that the prescription is a valid prescription
that was issued on the basis of a valid patient-practitioner relationship.
No comments were received regarding the amendments.
The amendments are adopted under §551.002 and §554.051
of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, 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(a) as authorizing the agency
to adopt rules for the proper administration and enforcement of the Act. The
Board interprets §554.051(b) as authorizing the agency to make a rule
concerning the operation of a licensed pharmacy located in this state applicable
to a pharmacy licensed by the board that is located in another state, if the
board determines the rule is necessary to protect the health and welfare of
the citizens of this state.
The statutes affected by this rule: Chapters 551 - 566 and 568 - 569, 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 June 3, 2003.
TRD-200303363
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: June 23, 2003
Proposal publication date: March 21, 2003
For further information, please call: (512) 305-8028
Chapter 175.
FEES, PENALTIES, AND APPLICATIONS
Chapter 179.
INVESTIGATION FILES
Chapter 183.
ACUPUNCTURE
Chapter 184.
SURGICAL ASSISTANTS
Chapter 185.
PHYSICIAN ASSISTANTS
Chapter 187.
PROCEDURAL RULES
Subchapter F. TEMPORARY SUSPENSION PROCEEDINGS
Chapter 200.
STANDARDS FOR PHYSICIANS PRACTICING COMPLEMENTARY AND ALTERNATIVE MEDICINE
Part 14.
TEXAS OPTOMETRY BOARD
Part 15.
TEXAS STATE BOARD OF PHARMACY
Subchapter C. NUCLEAR PHARMACY (CLASS B)
Subchapter D. INSTITUTIONAL PHARMACY (CLASS C)
Subchapter F. NON-RESIDENT PHARMACY (CLASS E)
Chapter 295.
PHARMACISTS