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Texas State Board of Pharmacy: 4 Rules to Know

Texas medical license defense attorneyThe Texas State Board of Pharmacy (TSBP) is the state agency responsible for the licensing and registration of Texas pharmacists, pharmacy technicians, and pharmacies, and for handling  disciplinary matters against licensees and registrants. The TSBP adopts rules that pharmacists and all other licensees must adhere to.

Texas State Board of Pharmacy: 4 Rules to Know

Responsibility of Pharmacists

The pharmacist-in-charge shall insure that a pharmacy follows all state and federal laws and rules governing the practice of pharmacy. Also, all pharmacists while on duty, shall be responsible for complying with all state and federal laws and rules governing the practice of pharmacy. 22 Tex. Admin. Code § 295.3.

Pharmacy Responsibility, Controlled Substances

There are numerous responsibilities of a pharmacy regarding controlled substances. The general responsibilities are as follows:

Upon receipt of a properly completed prescription form, a dispensing pharmacist must:

(1) if the prescription is for a Schedule II controlled substance, ensure the date the prescription is presented is not later than 21 days after the date of issuance;

(2) if multiple prescriptions are issued by the prescribing practitioner allowing up to a 90-day supply of Schedule II controlled substances, ensure each prescription is neither dispensed prior to the earliest date intended by the practitioner nor dispensed beyond 21 days from the earliest date the prescription may be dispensed;

(3) record the date dispensed and the pharmacy prescription number;

(4) indicate whether the pharmacy dispensed to the patient a quantity less than the quantity prescribed; and

(5) if issued on an official prescription form, record the following information, if different from the prescribing practitioner's information:

(A) the brand name or, if none, the generic name of the controlled substance dispensed; or

(B) the strength, quantity, and dosage form of the Schedule II controlled substance used to prepare the mixture or compound.

(b) The prescription presented for dispensing is void, and a new prescription is required, if:

(1) the prescription is for a Schedule II controlled substance, 21 days after issuance, or 21 days after any earliest dispense date; or

(2) the prescription is for a Schedule III, IV, or V controlled substance, more than six months after issuance or has been dispensed five times during the six months after issuance.

22 Tex. Admin. Code § 315.5.

Prescription Delivery

Prescription medication may be delivered by a pharmacy employee, common carrier, or U.S. mail, at the request of the patient, may deliver prescription drugs to the office or home of the prescriber unless the prescription is for a controlled substance for administration to the patient and the patient is not present, at the residence or place of employment of the person for whom the prescription was issued, or at the hospital or medical care facility in which the patient is receiving treatment. 22 Tex. Admin. Code § 291.9.

Mandatory Inventory of Drugs When Change of PIC

When a pharmacy changes the Pharmacist-in-Charge (PIC), all stocks of all controlled substances must be completed. 22 Tex. Admin. Code § 291.17.

Hire an Experienced Pharmacy License Defense Attorney

If you have been notified of a complaint filed against you with the TSBP, BERTOLINO LLP can help. We are experienced Pharmacy license defense attorneys and we know how to navigate the TSPB's complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.

Our Firm believes that immediately consulting an experienced Board of Pharmacy license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.

BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432.

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Attorney Tony R. Bertolino is the Managing Partner with Bertolino LLP. Our law firm has been able to help people across the state of Texas. If you need an experienced lawyer to represent you, contact Bertolino LLP today.

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