Part 2.
TEXAS STATE BOARD OF BARBER EXAMINERS
Chapter 51.
PRACTICE AND PROCEDURE
Subchapter D. BARBER SHOPS
22 TAC §51.98
The Texas State Board of Barber Examiners proposes amendments
to §51.98, concerning State-Mandated Fee for Occupational Licensing Transactions
Using the Internet. The proposed amendments are pursuant to Senate Bill 187
and Senate Bill 645, 77th Texas Legislature, Regular Session (now codified
as Texas Government Code, §2054.252) and provide that all manicurists,
upon renewal, shall pay a $3 fee to TexasOnline Authority in addition to the
renewal fee. By rule, barbers already pay a $6 TexasOnline fee.
Douglas A. Beran, Ph.D., Executive Director, has determined that for the
first five-year period the rule is in effect, there will be an increase in
revenue to state government of approximately $639 per year as a result of
enforcing or administering this amendment (approximately 213 manicurist renewals
per year x $3). These amounts will be transferred directly to the TexasOnline
Authority. Because the fee would be collected through ongoing administrative
procedures, there would be no additional costs to the state as a result of
enforcing or administering the rule. The proposed amendment has no foreseeable
economic implications relating to costs or revenues for local government.
There is no anticipated impact on small businesses or micro businesses as
a result of implementing the section.
Dr. Beran also has determined that for each year of the first five-year
period the rules are in effect the public benefit anticipated as a result
of enforcing the rule will be to ensure that licensed manicurists comply with
the licensing requirements of the rules of the board and may be able to do
so over the internet. The anticipated economic costs to persons who are required
to comply with the rules as adopted will be $3 per licensee whether or not
the licensee renews his/her manicurist license over the internet.
Comments on the proposed amendments may be submitted to Mary Feys, Texas
State Board of Barber Examiners, 5717 Balcones Dr., Suite 217, Austin, Texas
78731 (1-512-458-0111; 1-888-870-8755; Fax 512-458-4901; e-mail mary.feys@tsbbe.state.tx.us)
no later than 30 days from the date that the proposed action is published
in the
Texas Register
.
The amendments are proposed under the requirements of Senate
Bill 187 and Senate Bill 645, 77th Texas Legislature, Regular Session (now
codified at Texas Government Code §2054.252), the Texas Occupations Code
Chapter 1601.155 Authority to Set Fees, and 1601.151 General Powers and Duties
of the Board which vests the board with the authority to make and enforce
all rules and regulations necessary for the performance of its duties, to
establish standards of conduct and ethics for all persons licensed or practicing
under the provision of the Texas Barber Law, and to regulate the practice
and teaching of barbering in keeping with the intent of the Texas Barber Law
and to ensure strict compliance with the Texas Barber Law.
No other article or statute is affected by these proposed amendments.
§51.98.State-Mandated Fee for Occupational Licensing Transactions Using the Internet.
As required by Senate Bill 187 and Senate Bill 645, 77th Texas Legislature,
Regular Session, each licensee, upon renewal, shall pay
the following
[
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 March 7, 2003.
TRD-200301621
Douglas A. Beran, PhD.
Executive Director
Texas State Board of Barber Examiners
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 458-1091
Chapter 231.
ADMINISTRATION
Subchapter A. DEFINITIONS
22 TAC §231.1
The Board of Vocational Nurse Examiners proposes amendment
to §231.1(12) definition relating to Direct Supervision providing protection
to the public by allowing direct supervision during the period of time the
person is completing supervised employment or other criteria for re-licensure.
Terrie L. Hairston, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing or administering the
rule.
Mrs. Hairston has also determined that for each year of the first five
years the rules are in effect the public benefit anticipated as a result of
enforcing the rules will be consistency in the rules. There will be no effect
on small businesses. There is no anticipated economic costs to persons who
are required to comply with the rules as proposed.
Comments may be submitted to Terrie L. Hairston, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purpose of the law.
No other statute, article or code will be affected by this proposal.
§231.1.Definitions.
The following words and terms, when used throughout this manual, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)-(11)
(No Change)
(12)
Direct Supervision - requires the vocational nurse holding
a temporary permit
/license
to work under the direction of a Licensed
Vocational Nurse, Registered Nurse, or licensed Physician who is physically
present on the same unit and is readily available to provide immediate consultation
and assistance.
(13)-(30)
(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 March 7, 2003.
TRD-200301632
Terrie Hairston, RN, CHE
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-7653
Subchapter A. APPLICATION FOR LICENSURE
22 TAC §235.18
The Board of Vocational Nurse Examiners proposes new §235.18
relating to Disabled Candidate reflects change in test service.
Terrie L. Hairston, Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for state or local government as a result of enforcing or administering the
rule.
Mrs. Hairston has also determined that for each year of the first five
years the rules are in effect the public benefit anticipated as a result of
enforcing the rules will be consistency in the rules. There will be no effect
on small businesses. There is no anticipated economic costs to persons who
are required to comply with the rules as proposed.
Comments may be submitted to Terrie L. Hairston, Executive Director, Board
of Vocational Nurse Examiners, 333 Guadalupe, Suite 3-400, Austin, Texas 78701.
The amendment is proposed under Chapter 302, Texas Occupations
Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational
Nurse Examiners with the authority to make such rules and regulations as may
be necessary to carry in effect the purpose of the law.
No other statute, article or code will be affected by this proposal.
§235.18.Disabled Candidate.
(a) - (b)
(No Change)
(c)
The request must be submitted with the application for
licensure and must include the following:
(1) - (3)
(No Change)
(4)
candidate's choice of a
Pearson's Professional
[
(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 March 7, 2003.
TRD-200301631
Terrie Hairston, RN, CHE
Executive Director
Board of Vocational Nurse Examiners
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-7653
Chapter 291.
PHARMACIES
Subchapter B. COMMUNITY PHARMACY (CLASS A)
22 TAC §291.32
The Texas State Board of Pharmacy proposes amendments to §291.32,
concerning Personnel. The amendment, if adopted, will clarify the requirements
for supervision of pharmacy technicians who enter prescription data into a
data processing system.
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 government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
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 clarify the requirements for supervision of
pharmacy technicians and permit electronic supervision under certain conditions.
There is no fiscal impact anticipated for small or large businesses or to
other entities who are required to comply with this section.
Written comments on the amendment may be submitted to Steve Morse, R.Ph.,
Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe
Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must
be received by 5 p.m., May 8, 2003.
The amendment is proposed 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.
§291.32.Personnel.
(a) - (b)
(No change.)
(c)
Pharmacists.
(1)
General.
(A) - (C)
(No change.)
(D)
Pharmacists shall directly supervise pharmacy
technicians who are entering prescription data into the pharmacy's data processing
system by one of the following methods.
(i)
Physically present supervision. A pharmacist shall be physically
present to directly supervise a pharmacy technician who is entering prescription
data into the data processing system. If the pharmacist is not physically
present due to a temporary absence as specified in §291.33(b)(4) of this
subchapter, on return the pharmacist must:
(I)
conduct a drug regimen review for the prescriptions data
entered during this time period as specified in §291.33(c)(2) of this
subchapter; and
(II)
verify that prescription data entered during this time
period was entered accurately prior to delivery of the prescription to the
patient or patient's agent.
(ii)
Electronic supervision. A pharmacist may electronically
supervise a pharmacy technician who is entering prescription data into the
data processing system provided the pharmacist:
(I)
is on-site, in the pharmacy where the technician is located;
(II)
has immediate access to any original document containing
prescription information or other information related to the dispensing of
the prescription. Such access may be through imaging technology provided the
pharmacist has the ability to review the original, hardcopy documents if needed
for clarification; and
(III)
verifies the accuracy of the data entered information
prior to the release of the information to the system for storage and/or generation
of the prescription label.
(E)
[
(F)
[
(2) - (3)
(No change.)
(d) - (e)
(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 March 5, 2003.
TRD-200301575
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-8028
22 TAC §291.33, §291.36
The Texas State Board of Pharmacy proposes amendments to §291.33,
concerning Operational Standards and §291.36, concerning Class A Pharmacies
Compounding Sterile Pharmaceuticals (Operational Standards). The amendments,
if adopted, will: (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.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that, for
the first five-year period the rules are in effect, there will be no fiscal
implications for state government as a result of enforcing or administering
the rules. There are no anticipated fiscal implications for local government.
Ms. Dodson has determined that, for each year of the first five-year period
the rules will be in effect, the public benefit anticipated as a result of
enforcing the rules will be: (1) improved patient care through the increased
availability of timely drug regimen review; and (2) streamlined reference
library requirements for pharmacies. There is no fiscal impact anticipated
for small or large businesses or to other entities who are required to comply
with the sections.
Written comments on the amendments may be submitted to Steve Morse, R.Ph.,
Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe
Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must
be received by 5 p.m., May 8, 2003.
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 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.
§291.33.Operational Standards.
(a) - (b)
(No change.)
(c)
Prescription dispensing and delivery.
(1)
(No change.)
(2)
Pharmaceutical care services.
(A)
Drug regimen review.
(i)
For the purpose of promoting therapeutic appropriateness,
a pharmacist shall
, prior to or
at the time of dispensing a prescription
drug order, review the patient's medication record. Such review shall at a
minimum identify clinically significant:
(I) - (X)
(No change.)
(ii)
(No change.)
(iii)
The drug regimen review may be conducted
by remotely accessing the pharmacy's electronic data base from outside the
pharmacy by an individual Texas licensed pharmacist employee of the pharmacy,
provided the pharmacy establishes controls to protect the privacy of the patient
and the security of confidential records.
(B)
(No change.)
(3) - (7)
(No change.)
(d)
(No change.)
(e)
Library. A reference library shall be maintained which
includes the following in hard-copy or electronic format:
(1)
(No change.)
(2)
at least one current or updated reference from each of
the following categories:
(A)
(No change.)
(B)
drug interactions: a reference text on drug interactions,
such as
Drug Interaction Facts. A separate reference is not required
if other references maintained by the pharmacy contain drug interaction information
including information needed to determine severity or significance of the
interaction and appropriate recommendations or actions to be taken
[
(C)
a general information reference text, such as:
(i) - (ii)
(No change.)
(iii)
Clinical Pharmacology;
(iv)
[
(v)
[
(3)
(No change.)
(f) - (j)
(No change.)
§291.36.Class A Pharmacies Compounding Sterile Pharmaceuticals.
(a) - (c)
(No change.)
(d)
Operational standards.
(1) - (3)
(No change.)
(4)
Pharmaceutical care services.
(A)
The following pharmaceutical care services shall be provided
by pharmacists of the pharmacy.
(i)
(No change.)
(ii)
Drug regimen review.
(I)
For the purpose of promoting therapeutic appropriateness,
a pharmacist shall
, prior to or at the time of dispensing,
evaluate
prescription drug orders and patient medication records for:
(-a-) - (-k-)
(No change.)
(II)
(No change.)
(III)
The drug regimen review may be conducted
by remotely accessing the pharmacy's electronic data base from outside the
pharmacy by an individual Texas licensed pharmacist employee of the pharmacy,
provided the pharmacy establishes controls to protect the privacy of the patient
and the security of confidential records.
(iii)
(No change.)
(B)
(No change.)
(5)
(No change.)
(6)
Library. A reference library shall be maintained which
includes the following in hard-copy or electronic format:
(A)
(No change.)
(B)
at least one current or updated reference from each of
the following categories:
(i)
(No change.)
(ii)
drug interactions. A reference text on drug interactions,
such as
Drug Interaction Facts. A separate reference is not required
if other references maintained by the pharmacy contain drug interaction information
including information needed to determine severity or significance of the
interaction and appropriate recommendations or actions to be taken
[
(iii)
a general information reference text, such as:
(I) - (IV)
(No change.)
(V)
Clinical Pharmacology
[
(iv)
(No change.)
(C)
a specialty reference appropriate for the scope of pharmacy
services provided by the pharmacy, e.g., if the pharmacy prepares cytotoxic
drugs, a reference [
(D) - (E)
(No change.)
(7) - (9)
(No change.)
(e) - (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 March 5, 2003.
TRD-200301576
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-8028
22 TAC §291.54
The Texas State Board of Pharmacy proposes amendments to §291.54,
concerning Operational Standards. The amendment, if adopted, will permit an
individual pharmacist employee of a pharmacy to perform a drug regimen review
from outside the pharmacy.
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 government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
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 improved patient care through the increased availability
of timely drug regimen review. There is no fiscal impact anticipated for small
or large businesses or to other entities who are required to comply with this
section.
Written comments on the amendment may be submitted to Steve Morse, R.Ph.,
Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe
Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must
be received by 5 p.m., May 8, 2003.
The amendment is 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 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.
§291.54.Operational Standards.
(a) - (c)
(No change.)
(d)
Pharmaceutical Care Services.
(1)
The following minimum level of pharmaceutical care services
shall be provided whenever a therapeutic prescription drug order is dispensed
and, when in the professional judgement of the pharmacist dispensing a diagnostic
prescription drug order, the services are necessary to protect the patient's
health while striving to produce positive patient outcomes. When it is determined
that the following services are necessary, the dispensing pharmacist shall
assure that efforts are made to gather the information necessary to properly
perform the services.
(A)
(No change.)
(B)
Drug regimen review.
(i)
For the purpose of promoting therapeutic appropriateness,
an authorized nuclear pharmacist shall
, prior to or at the time of dispensing,
evaluate therapeutic prescription drug orders and patient medication
history for:
(I) - (XI)
(No change.)
(ii)
(No change.)
(iii)
The drug regimen review may be conducted
by remotely accessing the pharmacy's electronic data base from outside the
pharmacy by an individual Texas licensed pharmacist employee of the pharmacy,
provided the pharmacy establishes controls to protect the privacy of the patient
and the security of confidential records.
(2)
(No change.)
(e) - (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 March 5, 2003.
TRD-200301577
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-8028
22 TAC §291.74
The Texas State Board of Pharmacy proposes amendments to §291.74,
concerning Operational Standards. The amendment, if adopted, will: (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.
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 government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
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: (1) improved patient care through the increased
availability of timely drug regimen review; and (2) streamlined reference
library requirements for pharmacies. There is no fiscal impact anticipated
for small or large businesses or to other entities who are required to comply
with this section.
Written comments on the amendment may be submitted to Steve Morse, R.Ph.,
Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe
Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must
be received by 5 p.m., May 8, 2003.
The amendment is 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 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.
§291.74.Operational Standards.
(a) - (c)
(No change.)
(d)
Library. A reference library shall be maintained which
includes the following in hard-copy or electronic format:
(1)
(No change.)
(2)
at least one current or updated reference from each of
the following categories:
(A)
drug interactions. A reference text on drug interactions,
such as
Drug Interaction Facts. A separate reference is not required
if other references maintained by the pharmacy contain drug interaction information
including information needed to determine severity or significance of the
interaction and appropriate recommendations or actions to be taken
[
(B)
a general information reference text, such as:
(i) - (iv)
(No change.)
(v)
Clinical Pharmacology
[
(3) - (4)
(No change.)
(5)
if the pharmacy compounds sterile pharmaceuticals, specialty
references appropriate for the scope of services provided by the pharmacy,
e.g., if the pharmacy prepares cytotoxic drugs, a reference [
(6)
(No change.)
(e) - (f)
(No change.)
(g)
Pharmaceutical care services.
(1)
The pharmacist-in-charge shall assure that at least the
following pharmaceutical care services are provided to patients of the facility.
(A)
(No change.)
(B)
Drug regimen review.
(i) - (iii)
(No change.)
(iv)
The drug regimen review may be conducted
by remotely accessing the pharmacy's electronic data base from outside the
pharmacy by an individual Texas licensed pharmacist employee of the pharmacy,
provided the pharmacy establishes controls to protect the privacy of the patient
and the security of confidential records.
(C) - (D)
(No change.)
(2)
(No change.)
(h) - (j)
(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 March 5, 2003.
TRD-200301578
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-8028
22 TAC §291.104
The Texas State Board of Pharmacy proposes amendments to §291.104,
concerning Operational Standards. The amendment, if adopted, will 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.
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 government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
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 increased patient safety by clarifying that prescriptions
may be dispensed only if issued pursuant to a valid patient-practitioner relationship.
There is no fiscal impact anticipated for small or large businesses or to
other entities who are required to comply with this section.
Written comments on the amendment may be submitted to Steve Morse, R.Ph.,
Director of Professional Services, Texas State Board of Pharmacy, 333 Guadalupe
Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments must
be received by 5 p.m., May 8, 2003.
The amendment is 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
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.
§291.104.Operational Standards.
(a)
(No change.)
(b)
Prescription dispensing and delivery.
(1)
General.
(A) - (C)
(No change.)
(D)
All Pharmacists shall exercise sound professional
judgment with respect to the accuracy and authenticity of any prescription
drug order they dispense. If the pharmacist questions the accuracy or authenticity
of a prescription drug order, he/she shall verify the order with the practitioner
prior to dispensing.
(E)
Prior to dispensing a prescription, pharmacists
shall determine, in the exercise of sound professional judgment, that the
prescription is a valid prescription. A pharmacist may not dispense a prescription
drug if the pharmacist knows or should have known that the prescription was
issued on the basis of an Internet-based or telephonic consultation without
a valid patient-practitioner relationship.
(F)
Subparagraph (E) of this paragraph does
not prohibit a pharmacist from dispensing a prescription when a valid patient-practitioner
relationship is not present in an emergency situation (e.g. a practitioner
taking calls for the patient's regular practitioner).
(2) - (3)
(No change.)
(c) - (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 March 5, 2003.
TRD-200301579
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 20, 2003
For further information, please call: (512) 305-8028
a $6.00
] State-Mandated Fee for Occupational Licensing
Transactions Using the Internet
: $6.00 for a barber; $3.00 for a manicurist
. This fee is in addition to the renewal fee.
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Chapter 235.
LICENSING
Sylvan Technology
] Center location so that the special accommodations
can be made in a timely manner.
Part 15.
TEXAS STATE BOARD OF PHARMACY
(D)
] All pharmacists while on duty,
shall be responsible for complying with all state and federal laws or rules
governing the practice of pharmacy.
(E)
] A dispensing pharmacist shall
ensure that the drug is dispensed and delivered safely, and accurately as
prescribed. In addition, if multiple pharmacists participate in the dispensing
process, each pharmacist shall ensure the safety and accuracy of the portion
of the process the pharmacist is performing. The dispensing process shall
include, but not be limited to, drug regimen review and verification of accurate
prescription data entry, packaging, preparation, compounding and labeling
and performance of the final check of the dispensed prescription.
Phillip D. Hansten's Drug Interactions
];
(iii)
] American Hospital Formulary
Service with current supplements; or
(iv)
] Remington's Pharmaceutical
Sciences; and
Hansten's and Horn's Drug Interactions
];
Micromedex
];
text
] on the preparation
and safe handling
of cytotoxic drugs[
, such as Procedures for Handling Cytotoxic
Drugs
];
Subchapter C. NUCLEAR PHARMACY (CLASS B)
Subchapter D. INSTITUTIONAL PHARMACY (CLASS C)
Hansten's and Horn's Drug Interactions
];
Micromedex
];
text
]
on the preparation
and safe handling
of cytotoxic drugs[
,
such as Procedures for Handling Cytotoxic Drugs
];
Subchapter F. NON-RESIDENT PHARMACY (CLASS E)
Chapter 295.
PHARMACISTS