TITLE 22. EXAMINING BOARDS

PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 291. PHARMACIES

SUBCHAPTER A. ALL CLASSES OF PHARMACIES

22 TAC §291.9

The Texas State Board of Pharmacy adopts amendments to §291.9, concerning Prescription Pick Up Locations. These amendments are adopted without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7576). The rule will not be republished.

The amendments clarify that U.S. Mail is a type of common carrier.

The Board received comments from Craig Chapman, R.Ph., expressing concern that the amendments may be unnecessary and suggesting alternative language for consistency with other Board rules.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 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 this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2024.

TRD-202405929

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: December 30, 2024

Proposal publication date: September 20, 2024

For further information, please call: (512) 305-8084


SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)

22 TAC §291.33

The Texas State Board of Pharmacy adopts amendments to §291.33, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the September 20, 2024, issue of the Texas Register (49 TexReg 7577). The rule will not be republished.

The amendments clarify a recordkeeping requirement for a donated prescription drug dispensed under Chapter 442, Health and Safety Code, in accordance with House Bill 4332.

The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 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 received comments from George Wang, Ph.D., with SIRUM in support of the amendments.

The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 10, 2024.

TRD-202405930

Daniel Carroll, Pharm.D.

Executive Director

Texas State Board of Pharmacy

Effective date: December 30, 2024

Proposal publication date: September 20, 2024

For further information, please call: (512) 305-8084