● Be actively practicing pharmacy in Texas. A pharmacy technician Board member must, at the time of ap- pointment: ● Be a resident of the state of Texas. Powers and duties of Texas State Board of Pharmacy Texas Occupational Code (TOC) Chapter 554 outlines the various powers held by the Texas State Board of Pharmacy. In general, this section discusses the legislative and regulatory power of the Board. TOC Sec. 554.001 permits the Board to: ● Administer and enforce the rules contained within the TOC and the Texas Administrative Code. ● Appoint committees from the Board’s membership, as well as an advisory committee from non-Board members of the phar- macy profession. Process for proposing updates to Texas Pharmacy Law Texas Administrative Code Chapter 281 describes Texas State Board of Pharmacy action requirements and procedures. TAC §281.5, specifically, focuses on the process for initiating proceed - ings before the Board. According to TAC §281.5: ● Any interested person may petition the Board requesting the adoption of a rule. ● Petitions must be sent to the executive director or secretary of the Board. ● Within 60 days of petition submission, the Board must either deny the suggested petition in writing with explanation regarding the denial or shall initiate rulemaking procedure. Where to find proposed and adopted changes Emergency, proposed, and adopted rule changes are published by the Board in the Texas Register , a weekly publication that con- tains bulletins regarding the state’s various rulemaking agencies, including the Texas State Board of Pharmacy. The Texas Register is managed by the Office of the Secretary of State and can be found here: http://www.sos.state.tx.us/texreg/index.shtml
● Have five years of registered pharmacy technician experience preceding the appointment date. ● Be in good practice standing as a pharmacy technician in the state of Texas. ● Be currently practicing as a pharmacy technician in Texas. ● Inspect facilities licensed as pharmacies to determine compli- ance with code. ● Suspend, revoke, retire, or otherwise restrict a pharmacist or pharmacy license when considered necessary. ● Adopt rules involved in promoting the health and safety of citizens of the state of Texas. UPDATES TO TEXAS STATE PHARMACY LEGISLATION Petitions are considered adequate if they contain all of the fol- lowing: ● The exact wording of the new, changed, or amended pro- posed rule. ● Specific reference to the existing rule that is proposed to be changed or amended in the case of a changed or amended rule. ● A justification for the proposed action, in narrative form, with specific detail and background to inform the Board, as well as other interested parties, of the reasons and arguments on which the petitioner is relying. This publication also includes any withdrawn or repealed rules, rule reviews, and other regulatory information deemed import- ant by the Texas State Board of Pharmacy. The Board welcomes all comments regarding proposed rule changes, and there is a deadline of five business days prior to any Board meeting for any submitted comments to reach the Board.
TEXAS STATE PHARMACY LAW UPDATES
Pharmacist licensure eligibility In order to be eligible for pharmacy licensure in the state of Tex- as, the Texas State Board of Pharmacy outlines various minimum qualifications in Chapter 558 of the Texas Occupations Code. These eligibility requirements include being a minimum of 18 years of age, successful graduation from an accredited pharmacy practice program, and passing of the licensing exams selected by the Board. While most of this information reflects no change from previous Board policy, a few important updates have been adopted re- garding initial licensure eligibility. In August 2021, the Board adopted amendments to Texas Admin- istrative Code (TAC) §283.4, which pertains to internship require- ments. At this time, the number of internship hours required for license eligibility was altered to reflect Accreditation Council for Verifying and dispensing requirements The bulk of the pharmacy-specific aspects of the Texas Adminis - trative Code focus on elements of pharmacy practice, such as the responsibilities and obligations for providing safe and effective care to patients. While the role of the pharmacist varies depend- ing on the position they hold, the TAC contains information re- garding appropriate and approved practice for every pharmacist. An important role of a pharmacist is verifying the validity of a pre- scription. TAC §291.29 outlines various requirements for prescrip- tion validity, including determining script authenticity, medically legitimate reasoning for prescribing, and identifying potentially inappropriate prescribing patterns in the community. As pharma- cy practice scope and technology advance, however, pharmacists must adapt to continue performing this role successfully.
Pharmacy Education (ACPE) standards for intern hours. As of May 2023, ACPE requires 1,440 hours of APPE hours for successful ac- creditation; however, if the ACPE changes the requirements, then the hours requirement in Texas will also change. The Board updated their extended-internship policy, also found in TAC §283.4, in February 2022. An extended-internship position fills the time following professional program graduation but prior to taking the Board-mandated licensing exams. This position may be used to complete unfulfilled internship hours, among other situations. However, the Board updated this policy to prohibit an extended-internship position to be utilized by a pharmacy resi- dent who has not successfully passed their licensing exams in the time allotted by their residency program. In February 2022, the Board provided guidance on how to vali- date prescriptions originating from a teledentistry or telemedicine visit. An update to TAC §291.29 noted that teledentistry and tele- medicine prescriptions must follow all in-person-visit-originating prescription requirements. Therefore, these prescriptions must be issued for a medically appropriate reason and meet all other ap- plicable laws, such as the Controlled Substances Act, if necessary. Another aspect of pharmacy practice involves emergency refills of medication. If a prescriber is unable to be reached, a pharmacist may use professional judgement in determining the necessity of an emergency refill of medication.
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