Tex. Occ. Code Section 565.003
Additional Grounds for Discipline Regarding Applicant for or Holder of Nonresident Pharmacy License


Unless compliance would violate the pharmacy or drug statutes or rules in the state in which the pharmacy is located, the board may discipline an applicant for or the holder of a nonresident pharmacy license if the board finds that the applicant or license holder has failed to comply with:

(1)

Section 481.074 (Prescriptions), 481.075 (Schedule Ii Prescriptions), 481.0755 (Written, Oral, and Telephonically Communicated Prescriptions), 481.0756 (Waivers from Electronic Prescribing), 481.076 (Official Prescription Information; Duties of Texas State Board of Pharmacy), 481.0761 (Rules; Authority to Contract), 481.0762 (Monitoring by Regulatory Agency), 481.0763 (Registration by Regulatory Agency), 481.07635 (Continuing Education), 481.07636 (Opioid Prescription Limits), 481.0764 (Duties of Prescribers, Pharmacists, and Related Health Care Practitioners), 481.0765 (Exceptions), or 481.0766 (Reports of Wholesale Distributors), Health and Safety Code;

(2)

Texas substitution requirements regarding:

(A)

the practitioner’s directions concerning generic substitution;

(B)

the patient’s right to refuse generic substitution; or

(C)

notification to the patient of the patient’s right to refuse substitution;

(3)

any board rule relating to providing drug information to the patient or the patient’s agent in written form or by telephone; or

(4)

any board rule adopted under Section 554.051 (Rulemaking: General Powers and Duties)(a) and determined by the board to be applicable under Section 554.051 (Rulemaking: General Powers and Duties)(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 45, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 15, eff. September 1, 2019.

(1)

Subchapter C, Chapter 481 (Texas Controlled Substances Act), Health and Safety Code;

(2)

Texas substitution requirements regarding:

(A)

the practitioner’s directions concerning generic substitution;

(B)

the patient’s right to refuse generic substitution; or

(C)

notification to the patient of the patient’s right to refuse substitution;

(3)

any board rule relating to providing drug information to the patient or the patient’s agent in written form or by telephone; or

(4)

any board rule adopted under Section 554.051 (Rulemaking: General Powers and Duties)(a) and determined by the board to be applicable under Section 554.051 (Rulemaking: General Powers and Duties)(b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1345 (S.B. 410), Sec. 45, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 608 (S.B. 1100), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 9, eff. September 1, 2019.

Source: Section 565.003 — Additional Grounds for Discipline Regarding Applicant for or Holder of Nonresident Pharmacy License, https://statutes.­capitol.­texas.­gov/Docs/OC/htm/OC.­565.­htm#565.­003 (accessed May 25, 2024).

Accessed:
May 25, 2024

§ 565.003’s source at texas​.gov