Part XV.
Texas State Board of Pharmacy
Chapter 281.
Administrative Practice and Procedures
Subchapter A. General Provisions
22 TAC §281.8, §281.17
The Texas State Board of Pharmacy adopts amendments to §281.8,
concerning Grounds for Discipline of a Pharmacy License and adopts new rule
§281.17, concerning Historically Underutilized Businesses without changes
to the proposed text in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1896).
Adoption of the amendments to §281.8 clarifies the actions that may
result in the discipline of a pharmacy license. The 75th Texas Legislature
amended Section 26(b) of the Texas Pharmacy Act to add subsection (10), which
provides that the Board may discipline the holder of a pharmacy license if
the Board finds that the applicant or licensee has "engaged in any fraud,
deceit, or misrepresentation as defined by the rules adopted by the board
in operating a pharmacy or in seeking a license to operate a pharmacy." Adoption
of the new rule §281.17 incorporates by reference the rules adopted by
the General Services Commission for historically underutilized businesses
and implements Section 124 of Article IX of the General Appropriations Act
adopted by the 75th Texas Legislature.
No comments were received regarding this proposal.
The amendments are adopted under sections 4, 16(a), and 26(b)(10)
of the Texas Pharmacy Act (Article 4542a-1, Texas Civil Statutes) and Section
124 of Article IX of the General Appropriations Act adopted by the 75th Texas
Legislature. The Board interprets section 4 as authorizing the agency to adopt
rules to protect the public health, safety, and welfare through the effective
control and regulation of the practice of pharmacy. The Board interprets section
16(a) as authorizing the agency to adopt rules for the proper administration
and enforcement of the Act. The Board interprets section 26(b)(10) as authorizing
the agency to adopt rules to define "fraud," "deceit," and "misrepresentation"
in operating a pharmacy or in seeking a license to operate a pharmacy. The
Board interprets Section 124 of Article IX of the General Appropriations Act
adopted by the 75th Texas Legislature as requiring all state agencies to adopt
the General Services Commission's rules regarding historically underutilized
businesses.
The statutes affected by this rule: Texas Civil Statutes, Article 4542a-1.
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
24, 1999.
TRD-9903767
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: July 14, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 305-8028
Subchapter A. All Classes of Pharmacies
22 TAC §§291.7, 291.8, 291.10, 291.17
The Texas State Board of Pharmacy adopts amendments to §291.7,
concerning Change of Pharmacist Employment, §291.8, concerning Return
of Prescription Drugs, §291.10, concerning Pharmacy Balance Registration/Inspection,
and §291.17, concerning Inventory Requirements without changes to the
proposed text in the March 19, 1999, issue of the
Texas Register
(24 TexReg 1897). The amendments come as a result of
the review of Chapter 281 (§§291.1-291.23) concerning all classes
of pharmacy, pursuant to the Appropriations Act, §167.
Adoption of the amendments: (1) make a change in the notification requirement
for a change of pharmacist-in-charge consistent with the Texas Pharmacy Act;
(2) clarify that a dispensed prescription drug may not be returned to a pharmacy
and re-dispensed; (3) clarify expiration dates, registration requirements,
and delete obsolete language concerning prescription balances; and (4) clarify
inventory requirements and make changes necessary when butorphanol was scheduled
as a controlled substance.
No comments were received regarding this proposal.
The amendments are adopted under sections 4, 16(a), and 17(b)
of the Texas Pharmacy Act (Article 4542a-1, Texas Civil Statutes). The Board
interprets section 4 as authorizing the agency to adopt rules to protect the
public health, safety, and welfare through the effective control and regulation
of the practice of pharmacy. The Board interprets section 16(a) as authorizing
the agency to adopt rules for the proper administration and enforcement of
the Act. The Board interprets section 17(b) as authorizing the agency to regulate
the delivery or distribution of prescription drugs as they relate to the practice
of pharmacy, specify the minimum standards for the maintenance of prescription
drug records, and register/inspect prescription balances used for the compounding
of drugs in pharmacies.
The statutes affected by this rule: Texas Civil Statutes, Article 4542a-1.
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
24, 1999.
TRD-9903768
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: July 16, 1999
Proposal publication date: March 19, 1999
For further information, please call: (512) 305-8028
Chapter 573.
Rules of Professional Conduct
Subchapter C. Responsibilities to Clients
22 TAC §573.20
The Texas Board of Veterinary Medical Examiners adopts amendments
to §573.20, concerning Responsibility for Acceptance of Medical Care,
with changes to the proposed text published in the February 26, 1999 issue
of the
Texas Register
(24 TexReg 1298-99)
The following sections of the rule was changed: In subsection (b)(4) the word
after was removed.
The agency is adopting these amendments to define the specific conditions
under which a veterinarian may terminate care of an animal so that the veterinarian
knows exactly what steps must be taken in order to transfer or terminate the
veterinarian/patient/client relationship pursuant to the normal standard of
care.
No comments were received regarding adoption of these amendments.
The amendments are adopted under the authority of the Veterinary
Licensing Act, Texas Civil Statutes, Article 8890, §8(a) which grants
the Board the authority to amend rules of professional conduct in order to
establish a high standard of integrity in the practice of veterinary medicine.
§573.20.Responsibility for Acceptance of Medical Care.
(a)
The decision to accept an animal as a patient is at the
sole discretion of a veterinarian. The veterinarian is responsible for determining
the course of treatment for an animal that has been accepted as a patient
and for advising the client as to the treatment to be provided.
(b)
Once a patient/client/veterinarian relationship has been
established, a veterinarian may discontinue treatment after:
(1)
the request of the client,
(2)
the veterinarian substantially completes the treatment
or diagnostics prescribed,
(3)
referral to another veterinarian, or
(4)
notice to the client providing a reasonable period
for the client to secure the services of another veterinarian.
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
21, 1999.
TRD-9903692
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Effective date: July 11, 1999
Proposal publication date: February 26, 1999
For further information, please call: (512) 305-7555
Chapter 663.
Standards of Responsibility and Rules of Conduct
Subchapter A. Ethical Standards
Chapter 291.
Pharmacies
Part XXIV.
Texas Board of Veterinary Medical Examiners
Part XXIX.
Texas Board of Professional Land Surveying