Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,917
6819-7008 p. ; 28 cm.View a full description of this periodical.
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CHAPTER 291. PHARMACIES
SUBCHAPTER A. ALL CLASSES OF
PHARMACIES
22 TAC 291.6
The Texas State Board of Pharmacy adopts amendments to
291.6, concerning Pharmacy License Fees. The amendments
are adopted without changes to the proposed text as published
in the June 22, 2012, issue of the Texas Register (37 TexReg
4522).
The amendments to 291.6 raise pharmacy license fees to gen-
erate additional revenue needed to make revenue projections.
No comments were received.
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 statutes affected by these amendments: Texas Pharmacy
Act, 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 August 20, 2012.
TRD-201204390
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: October 1, 2012
Proposal publication date: June 22, 2012
For further information, please call: (512) 305-8028
SUBCHAPTER E. CLINIC PHARMACY
(CLASS D)
22 TAC 291.93
The Texas State Board of Pharmacy adopts amendments to
291.93, concerning Operational Standards. The amendments
are adopted without changes to the proposed text as published
in the June 22, 2012, issue of the Texas Register (37 TexReg
4522).
The amendments clarify the requirements for mailing medica-
tion from Class D (Clinic) pharmacies and increase the number
of temporary locations that a Class D pharmacy may operate si-
multaneously from three to six.
No comments were received.
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 statutes affected by these amendments: Texas Pharmacy
Act, 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 August 20, 2012.
TRD-201204391
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Effective date: September 9, 2012
Proposal publication date: June 22, 2012
For further information, please call: (512) 305-8028
SUBCHAPTER G. SERVICES PROVIDED BY
PHARMACIES
22 TAC 291.131, 291.133
The Texas State Board of Pharmacy adopts amendments to
291.131, concerning Pharmacies Compounding Non-Sterile
Preparations, and 291.133, concerning Pharmacies Com-
pounding Sterile Preparations. The amendments are adopted
with changes to the proposed text as published in the June 22,
2012, issue of the Texas Register (37 TexReg 4523).
The amendments clarify the requirements for the recall of com-
pounded preparations.
The International Academy of Compounding Pharmacists and
Richie's Pharmacy provided comments regarding the proposed
rules. IACP and Richie's commented that the amendment
prohibiting pharmacists from compounding preparations us-
ing ingredients from a state list should not be adopted. The
Board agrees with this comment. IACP and Richie's Pharmacy
commented that the amendment regarding the recall of a
compounded product should be modified to reflect the recall be
initiated only as a result of potency, sterility, or composition of
the drug itself. The Board does not agree with this comment
because it may take up to several weeks before potency or
sterility of the product is determined. The Board believes that
the product must be recalled as soon as a potential problem
occurs and not delayed while waiting for tests of the product.
Richie's Pharmacy and IACP suggested that the phrase "if the
pharmacy identifies a potential or confirmed harm to a patient"
be changed. The Board disagrees with this comment. IACP
commented that the amendment allowing the Board to require
the pharmacy to initiate a recall is not needed. The Board
disagrees with the comment and believes that the Board should
have the authority to order a recall. The Board did clarify in the
amendment that this provision applies when the pharmacy does
not initiate a recall on its own.
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 statutes affected by these amendments: Texas Pharmacy
Act, Chapters 551 - 566 and 568 - 569, Texas Occupations Code.ADOPTED RULES August 31, 2012 37 TexReg 6917
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/98/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.