Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter B. BARBER COLLEGES, SCHOOLS, AND STUDENTS
22 TAC §51.12
The Texas State Board of Barber Examiners proposes an amendment
to §51.12, concerning Inspection of New Barber School or College.
The amendment is proposed to remove the requirement that the inspection
of the proposed new barber school or college be conducted specifically by
two board member or by one board member and the executive director.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be that the agency can
respond quickly in inspecting schools by staff rather than board members.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.12.Inspection of New Barber School or College.
The department
[
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 9, 2005.
TRD-200502350
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.13
The Texas State Board of Barber Examiners proposes an amendment
to §51.13, concerning Change of Ownership of Barber School.
The amendment is proposed to remove the requirement that the inspection
of a barber school or college that has changed ownership be conducted specifically
by two board members or one board member and the board's executive director.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be that the agency can
respond quickly in inspecting schools by staff rather than board members.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.13.Change of Ownership of Barber School.
(a)
If a barber school or college changes ownership, the new
owner shall notify the
department
[
(b)
The department
[
(c)
A new permit fee and contract shall be required from a
barber school or college which has changed ownership.
(d)
The new owner of the school shall execute a new contract
for approval with the
department
[
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 9, 2005.
TRD-200502351
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.20
The Texas State Board of Barber Examiners proposes an amendment
to §51.20, concerning Applying for Enrollment.
The amendment is proposed to remove the requirement that the enrollment
form be notarized and to delete subsection (c)(4) requiring a health certificate
for the student in order to confirm to statutory changes made by the 79th
legislature.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be saving licensees
time and expense of being examined by a doctor and the need of a notary.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.20.Applying for Enrollment.
(a)
Each person enrolling in an approved barber school or college
in Texas must apply on forms furnished by the
department
[
(b)
This record is subject to inspection by the
department
[
(c)
A barber school or college shall submit each application
for enrollment which shall include the following four items;
(1)
The original of the application for enrollment form[
(2)
Proof of a seventh-grade education or its equivalency.
This shall be in the form of a transcript or photostatic copy of the diploma,
equivalency certificate, or record.
(3)
Two recent, identical, permanent-type photographs, size
two-inch by two-inch, with applicant's signature on front. No Polaroid photographs
will be accepted.
[(4)
A current health certificate, signed
by a physician or doctor of osteopathic medicine and notarized. The board
will furnish a health certificate form.]
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 9, 2005.
TRD-200502353
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.21
The Texas State Board of Barber Examiners proposes an amendment
to §51.21, concerning Enrollment Application Deadline.
The amendment is proposed to delete the reference to a physician statement
in order to conform to statutory changes made by the 79th legislature.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be in saving licensee
time and expense of being examined by a doctor.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.21.Enrollment Application Deadline.
Application for enrollment in a barber school or college must be sent
to the
department
[
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 9, 2005.
TRD-200502354
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.25
The Texas State Board of Barber Examiners proposes an amendment
to §51.25, concerning Reenrollment or Transfer.
The amendment is proposed to delete the reference to health certificate
in subsection (d) in order to conform to statutory changes made by the 79th
legislature.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be to students in saving
time and expense of examination by a doctor.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.25.Reenrollment or Transfer.
(a)
If a student returns to the same school or college after
interruption the school or college shall notify the
department
[
(b)
When a barber school or college accepts a transfer of
a student from another school or college the accepting school, shall on behalf
of the student, submit to the
department
[
(1)
Upon receipt of the accepting schools notification of transfer
the
department
[
(2)
upon receipt of the
department's
[
(A)
the last day of the student's attendance;
(B)
the number of credit hours accrued by the student;
(C)
and the managers or owners signature.
(c)
No reenrolled or transferred students may take instruction
or accrue hours for practical work or theory unless the new student certificate
issued by the
department
[
[
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 9, 2005.
TRD-200502355
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.51
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Barber Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Barber Examiners proposes
the repeal of 22 Texas Administrative Code Chapter 51, Subchapter C, §51.51,
concerning method of payment.
The repeal is for the purpose of removing the requirement to pay by cashier's
check or money order.
Glenn D. Parker, Executive Director, has determined that for the first
five year period the proposed repeal is in effect there will be no fiscal
implications for state or local government as a result of implementing the
repeal.
Mr. Parker has also determined that for each year of the first five years
the proposed repeal is in effect the public benefit will be that it will result
in savings to the licensees, equal to the costs of obtaining a money order
or cashier's check. There will be no cost to the general public, small or
micro businesses, or individuals who are required to comply with the proposal.
Written comments on the proposed repeal may be submitted to Glenn D. Parker,
Executive Director, Texas State Board of Barber Examiners, 5717 Balcones Drive,
Suite 217, Austin, Texas 78731.
The repeal is proposed pursuant to the authority of the Texas
Occupations Code §1601.151 which authorizes the Texas State Board of
Barber Examiners to adopt and enforce all rules necessary for the performance
of its duties.
The proposed repeal will not affect any existing statute.
§51.51.Payment of Fees.
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 8, 2005.
TRD-200502345
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.55
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Barber Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Barber Examiners proposes
the repeal of 22 Texas Administrative Code Chapter 51, Subchapter C, §51.55,
concerning the required number of questions that shall be on examinations
administered by the board.
Glenn D. Parker, Executive Director, has determined that for the first
five year period the proposed repeal is in effect there will be no fiscal
implications for state or local government as a result of implementing the
repeal.
Mr. Parker has also determined that for each year of the first five years
the proposed repeal is in effect the public benefit will be that of removing
unnecessary restrictions on the development of psychometrically sound written
examinations. There will be no cost to the general public, small or micro
businesses, or individuals who are required to comply with the proposal.
Written comments on the proposed repeal may be submitted to Glenn D. Parker,
Executive Director, Texas State Board of Barber Examiners, 5717 Balcones Drive,
Suite 217, Austin, Texas 78731.
The repeal is proposed pursuant to the authority of the Texas
Occupations Code §1601.151 which authorizes the Texas State Board of
Barber Examiners to adopt and enforce all rules necessary for the performance
of its duties.
The proposed repeal will not affect any existing statute.
§51.55.Number of Examination Questions.
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 8, 2005.
TRD-200502346
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.57
The Texas State Board of Barber Examiners proposes an amendment
to §51.57, concerning Applying for Examination.
The action is proposed to delete requirements in subsection (b)(1) and
(2) that applications and school owner/manager statements be notarized, delete
reference to health certificate in subsection (b)(3), and delete language
in subsection (b)(4) requiring payment by money order or cashier's check.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for state
or local government, the general public, or small or micro businesses as a
result of enforcing or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be to save owners and
mangers the expense of notarizing applications, eliminate the expense of obtaining
a money order or cashier's check and paying by personal check.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, §1601.151
which provides the Texas State Board of Barber Examiners with the authority
to adopt and enforce all rules necessary for the performance of its duties.
No other code, article or statute is affected by this proposed amendment.
§51.57.Applying for Examination.
(a)
Upon completion of 1,500 hours in not less than nine months,
a student may apply for examination for a Class A registered barber certificate.
This application shall be on forms furnished by the
department
[
(b)
Each applicant shall submit to the
department
[
(1)
the application for examination form[
(2)
a [
[(3)
a current health certificate, signed
by a physician or doctor of osteopathic medicine and notarized. The board
will furnish a health certificate form;]
(3)
[
(4)
[
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 9, 2005.
TRD-200502356
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.60
The Texas State Board of Barber Examiners proposes an amendment
to §51.60, concerning Items to Bring to Examination.
The amendment is proposed to delete subsection (c) referencing items to
bring for wig specialist examination, which is no longer offered.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, there is no public benefit because the rule
relates to examination no longer offered by the barber board.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.60.Items to Bring to Examination.
(a)
When appearing for an examination for a Class A registered
barber certificate or a teacher's certificate, the examinee shall bring the
instruments necessary to give a practical demonstration of barbering services.
(b)
An examinee for a manicurist or barber technician license
shall bring to the examination any instruments necessary for a practical demonstration
of the services distinctive to his or her specialty.
[
(c)
[
(d)
[
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 9, 2005.
TRD-200502357
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.77
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Barber Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Barber Examiners proposes
the repeal of 22 Texas Administrative Code Chapter 51, Subchapter C, §51.77,
concerning requirement to operate a barber shop.
The repeal is for the purpose of removing requirements that: (1) the applicant
holds a Class A barber certificate; and (2) the applicant has practiced barbering
for at least 12 months to conform with changes made to Chapter 1601 of the
Texas Occupations Code by the 79th Legislature.
Glenn D. Parker, Executive Director, has determined that for the first
five year period the proposed repeal is in effect there will be no fiscal
implications for state or local government as a result of implementing the
repeal.
Mr. Parker has also determined that for each year of the first five years
the proposed repeal is in effect the public benefit will be to obtain shop
permit with out restrictions. There will be no cost to the general public,
small or micro businesses, or individuals who are required to comply with
the proposal.
Written comments on the proposed repeal may be submitted to Glenn D. Parker,
Executive Director, Texas State Board of Barber Examiners, 5717 Balcones Drive,
Suite 217, Austin, Texas 78731.
The repeal is proposed pursuant to the authority of the Texas
Occupations Code §1601.151 which authorizes the Texas State Board of
Barber Examiners to adopt and enforce all rules necessary for the performance
of its duties.
The proposed repeal will not affect any existing statute.
§51.77.Barber Shop Permit.
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 8, 2005.
TRD-200502347
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.80
The Texas State Board of Barber Examiners proposes an amendment
to §51.80, concerning Transfer of Student Hours from Out of State.
The amendment is proposed to delete a reference to health certificate in
subsection (a)(4) to conform with statutory changes made by the 79th legislature
and to delete the requirement that the examination fee be paid by money order
or cashier's check.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be saving of time and
money to obtain a health certificate.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.80.Transfer of Student Hours from Out of State.
(a)
A student barber may transfer hours of training as a barber
from school of other states to Texas by:
(1)
presenting to the
department
[
(2)
a statement from the barber board of that state giving
hours credited;
(3)
proof of at least a seventh grade education;
[
(4)
[
(5)
[
(b)
If the student has not completed 1,500 hours in another
state, credit for hours completed will be given when he or she is enrolled
in a Texas barber school and when a student certificate is issued.
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 9, 2005.
TRD-200502358
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
22 TAC §51.85
The Texas State Board of Barber Examiners proposes an amendment
to §51.85, concerning Reciprocal/Endorsement Licensing of Barbers.
The amendment is proposed to delete the reference to specific fee amounts
in subsection (a), to delete the reference to physician's certificate in subsection
(g) and to delete subsection (k) in its entirety.
Glenn Parker, Executive Director, has determined that for the first five
year period the rule is in effect there will be no fiscal impact for local
government, general public, small or micro business as a result of enforcing
or administering the rule.
Mr. Parker has also determined that for each year of the first five year
period the rule is in effect, the public benefit will be the student not having
the expense of money order or cashier's check.
Comments on the proposed amendment to the rule may be submitted in writing
within 30 days after the publication of the proposal in the
Texas Register
to Glenn Parker, Executive Director, State Board of
Barber Examiners, 5717 Balcones Drive, Suite 217, Austin, Texas 78731-4203.
The amendment is proposed under the Texas Occupations Code, Chapter
1601, §1601.151 which provides the Texas Sate Board of Barber Examiners
with the authority to adopt and enforce all rules necessary for the performance
of its duties.
No other code, article, or statute is affected by this proposed amendment.
§51.85.Reciprocal/Endorsement Licensing of Barbers.
(a)
Applicant may call or write the
department
[
(b)
Applicant must be at least 16 years of age.
(c)
Applicant must submit proof of a seventh grade education.
(d)
Applicant must present a current original barber license
from the home licensing state or country.
(e)
Applicant must submit a certified transcript of hours completed
in an approved barber school and proof of graduation. If the applicant has
an apprentice or assistant barber license, proof of 1,500 hours of barber
school or working experience will be required from the licensing board or
barber school.
(f)
Texas requires 1,500 hours of training substantially equivalent
to the Texas curriculum. If the applicant graduated in a state that required
less than 1,500 hours, documented work experience may be substituted at the
rate of 25 hours per month worked, up to a maximum of 500 hours, or the applicant
must complete the balance of hours required in an approved Texas barber school.
[
(g)
[
(h)
[
(i)
[
[
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 9, 2005.
TRD-200502359
Glenn D. Parker
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 936-6333
Chapter 291.
PHARMACIES
Subchapter B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.31, §291.33
The Texas State Board of Pharmacy proposes amendments to §291.31,
concerning Definitions, and §291.33, concerning Operational Standards.
The amendments, if adopted, will require Class A pharmacies to be locked by
key, combination, mechanical or electronic means, to prohibit access when
a pharmacist is not on site and require the Class A pharmacies to be enclosed
by walls, partitions or other means of enclosure. In addition, the amendments,
if adopted, will allow only pharmacists to possess keys or electronic access
to the pharmacy except for emergency situations. The amendments to §291.31,
if adopted, will add the definition of a prescription drug to this section.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that for
the first five-year period the amendments are in effect, there will be no
fiscal implications for state or local government as a result of enforcing
or administering the amended sections.
Ms. Dodson has also determined that for each year of the first five-year
period the amendments will be in effect, the public benefit anticipated as
a result of enforcing the amended sections will be to ensure the security
of Class A pharmacies and prevent the diversion of prescription drugs from
the pharmacies. There may be some pharmacies that would require construction
to comply with the proposed changes. Due to the variety of pharmacy settings
and floor plans, it is impossible to project the cost of construction required
to comply.
Comments on the proposed amendments may be submitted to Allison Benz, R.Ph.,
M.S., Director of Professional Services, Texas State Board of Pharmacy, 333
Guadalupe Street, Suite 3-600, Austin, Texas 78701, FAX (512) 305-8082. Comments
must be received by 5:00 p.m., July 29, 2005.
The amendments are proposed 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 statutes affected by the amendments: Texas Pharmacy Act, Chapters 551
- 566 and 568 - 569, Texas Occupations Code.
§291.31.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1) - (35)
(No change.)
(36)
Prescription drug--
(A)
a substance for which federal or state law requires a prescription
before the substance may be legally dispensed to the public;
(B)
a drug or device that under federal law is required, before
being dispensed or delivered, to be labeled with the statement:
(i)
"Caution: federal law prohibits dispensing without prescription"
or "Rx only" or another legend that complies with federal law; or
(ii)
"Caution: federal law restricts this drug to use by or
on the order of a licensed veterinarian"; or
(C)
a drug or device that is required by federal or state statute
or regulation to be dispensed on prescription or that is restricted to use
by a practitioner only.
(37)
[
(A)
a written order from a practitioner or a verbal order from
a practitioner or his authorized agent to a pharmacist for a drug or device
to be dispensed; or
(B)
a written order or a verbal order pursuant to Subtitle
B, Chapter 157, Occupations Code.
(38)
[
(39)
[
(40)
[
(41)
[
§291.33.Operational Standards.
(a)
(No change.)
(b)
Environment.
(1)
(No change.)
(2)
Security.
(A)
(No change.)
(B)
Any area of a pharmacy that contains prescription
drugs
[
(C)
Only a pharmacist may possess a key or
electronic access to the prescription department. However, an additional key
or electronic access to the prescription department may be maintained in a
secure location outside the prescription department for use during an emergency
by the individual(s) authorized by the pharmacist-in-charge. A log shall be
maintained indicating the name of each non-pharmacist accessing the prescription
department, date, time of entry, and the nature of the emergency.
(3)
(No change.)
(c)
Prescription dispensing and delivery.
(1)
Patient counseling and provision of drug information.
(A) - (D)
(No change.)
(E)
In addition to the requirements of subparagraphs (A) -
(D) of this paragraph, if a prescription drug order is delivered to the patient
at the pharmacy, the following is applicable.
(i)
So that a patient will have access to information concerning
his or her prescription, a prescription may not be delivered to a patient
unless a pharmacist is in the pharmacy, except as provided in subsection (b)(3)
of this section [
[(ii)
An agent of the pharmacist may deliver
a prescription drug order to the patient or his or her agent during short
periods of time when a pharmacist is absent from the pharmacy, provided the
short periods of time do not exceed two hours in a 24 hour period, and provided
a record of the delivery is maintained containing the following information:]
[(I)
date of the delivery;]
[(II)
unique identification number of the prescription drug
order;]
[(III)
patient's name;]
[(IV)
patient's phone number or the phone number of the person
picking up the prescription; and]
[(V)
signature of the person picking up the prescription.]
[(iii)
Any prescription delivered to a patient
when a pharmacist is not in the pharmacy must meet the requirements described
in subparagraph (F) of this paragraph.]
(ii)
[
(F) - (I)
(No change.)
(2) - (7)
(No change.)
(d) - (i)
(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 13, 2005.
TRD-200502389
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: July 24, 2005
For further information, please call: (512) 305-8028
Chapter 341.
LICENSE RENEWAL
Two board members or one board member
and the board's executive director
] shall inspect a proposed new barber
school or college to determine that it fulfills all requirements of the
department
[
board
] and of the Texas Barber Law. The payment
of the required inspection (permit) fee or the re-inspection fee must be received
by the
department
[
board
] before the initial inspection
or re-inspection will be scheduled.
board
] of the transfer
not later than the 10th day before the date on which the change becomes effective.
Two board members or one
board member and the board's executive director
] shall inspect a barber
school or college which has changed ownership to determine that it fulfills
all requirements of the
department
[
board
] and of the
Texas Barber Law, §9.
board
] and shall secure
a new permit within 30 days.
board
].
board
] or any of its officers or employees.
, completed and notarized
]. If the applicant is attending on a part-time
basis, he or she shall specify that on the upper right corner of the original.
board
] in complete form within seven
days of actual date of enrollment[
, which shall be no earlier than the
date of the physician statement required by §51.20
].
board
] in writing and a new student certificate shall be issued.
board
] in
writing the student's enrollment application and a request that the
department
[
board
] issue a new student certificate for the
transferring student.
board
] shall notify the school or college
at which the student was formerly enrolled of such transfer.
boards
] transfer notification the manager or owner of the barber school or
college shall, within seven days of receipt of the
department's
[
boards
] transfer notification, send to the
department
[
board
] the student certificate with the following information written
on the back:
board
] is on display at or
near the students work station.
(d)
A student who is reenrolled
after a period of 90 days interruption shall furnish the office of the board
with a new health certificate.]
Subchapter C. EXAMINATION AND LICENSING
board
].
board
] the following:
, completed and
notarized
];
notarized
] statement from the manager or
owner of the barber school,
stating that
[
swearing
]
the course is completed;
(4)
] the examination fee
;
[
as reflected in the statute in the form of a money order or cashier's check.
Personal checks are not accepted.
]
(5)
] the student certificate with
photograph. Unless the student supplied a size two-inch by two-inch permanent-type
photograph (no Polaroid photographs) upon application for enrollment, he or
she shall submit a new photograph of this size and type.
(c)
An examinee for a wig specialist
or wig instructor license shall bring a male wig not less than five inches
in hair length which he or she will be required to clean, cut, and complete
the style. He or she will also be required to bring all necessary implements
to fit a complete skull pattern of a hairpiece.]
(d)
] The examinee shall provide
a model, of 18 years of age or older, on whom to demonstrate the practical
work. Each examinee is required to wear a clean and fastened barber smock,
without any lettering or logos during both written and practical portions
of the exams.
(e)
] The examinee shall provide
a current, valid photo identification.
board
]
an official
[
a notarized
] transcript from the school attended,
showing hours credited;
(4)
a current health certificate;]
(5)
] two recent, identical pictures,
size two inches by two inches; and
(6)
] examination fee [
in the
form of a money order or cashier's check
].
board
] office to obtain the prescribed application forms by mail. The
completed application, all required documents, and
fees
[
money order or cashier's check for the $90 application fee and the $80 licensing
fee
] for a [
two-year
] Class A registered barber certificate
and the fee for the current hand book published by the board containing the
law and regulation governing the practice of barbering must be mailed or presented
in person to the
department
[
board
] office in Austin.
(g)
Applicant must submit a physician's
certificate on the prescribed form signed by a physician or doctor of osteopathic
medicine.]
(h)
] Applicant must submit one
current two-inch by two-inch process photograph (not Polaroid).
(i)
] Applicant must submit a letter
from the licensing board in the home state, bearing its official seal of office,
stating that the applicant's license is current and that no disciplinary action
has been taken or is pending against the applicant.
(j)
] If the documents submitted
do not all bear the same name, applicant must submit authentication of a change
of name in the form of a photostatic copy of the applicable court order or
marriage license.
(k)
The application fee for reciprocal/endorsement
licensing is $90. The licensing fee for a two-year Class A barber certificate
is $80. Both fees must be paid at the time of application in the form of a
money order or cashier's check. The application fee is nonrefundable. The
licensing fee will be refunded if the application is disapproved. The Class
A barber certificate is renewable biannually, upon proper application and
payment of the renewal fee.]
Part 15.
TEXAS STATE BOARD OF PHARMACY
(36)
] Prescription drug order--
(37)
] Prospective drug use review--A
review of the patient's drug therapy and prescription drug order or medication
order prior to dispensing or distributing the drug.
(38)
] State--One of the 50 United
States of America, a U.S. territory, or the District of Columbia.
(39)
] Texas Controlled Substances
Act--The Texas Controlled Substances Act, Health and Safety Code, Chapter
481, as amended.
(40)
] Written protocol--A physician's
order, standing medical order, standing delegation order, or other order or
protocol as defined by rule of the Texas State Board of Medical Examiners
under the Texas Medical Practice Act.
The prescription department
] shall be locked by key
,
[
or
] combination
, or other mechanical or electronic
means
so as to
prohibit
[
prevent
] access when
a pharmacist is not on-site
and shall be enclosed by walls, partitions
or other means of enclosure.
[
However, the pharmacist-in-charge
may designate persons who may enter the pharmacy to perform functions designated
by the pharmacist-in-charge (e.g., janitorial services).
]
or clause (ii) of this subparagraph
].
(iv)
] A Class A pharmacy shall
make available for use by the public a current or updated edition of the United
States Pharmacopeia Dispensing Information, Volume II (Advice to the Patient),
or another source of such information designed for the consumer.
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS