CHAPTER 558. LICENSE TO PRACTICE PHARMACY

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-558-license-to-practice-pharmacy

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 558. LICENSE TO PRACTICE PHARMACY

SUBCHAPTER A. LICENSE

Sec. 558.001. LICENSE REQUIRED. (a) A person may not practice

pharmacy unless the person holds a license to practice pharmacy

under this subtitle.

(b) A person may not:

(1) impersonate a pharmacist; or

(2) use the title "Registered Pharmacist" or "R.Ph.," or words

of similar intent, unless the person is licensed to practice

pharmacy in this state.

unless the person:

(1) is a pharmacist; or

(2) is otherwise authorized by this subtitle to dispense or

distribute prescription drugs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.002. UNAUTHORIZED ACQUISITION OF LICENSE. A person may

not:

(1) impersonate before the board an applicant applying for a

license under this subtitle; or

(2) acquire, with the intent to fraudulently acquire the

license, a license in a manner other than the manner provided by

this subtitle.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. LICENSING BY EXAMINATION

Sec. 558.051. QUALIFICATIONS FOR LICENSE BY EXAMINATION. (a)

To qualify for a license to practice pharmacy, an applicant for

licensing by examination must submit to the board:

(1) a license fee set by the board; and

(2) a completed application on a form prescribed by the board

with satisfactory sworn evidence that the applicant:

(A) is at least 18 years of age;

(B) is of good moral character;

program that has been approved by the board or has demonstrated,

to the board's satisfaction, experience in the practice of

pharmacy that meets or exceeds the board's minimum internship

requirements;

(D) has graduated and received a professional practice degree,

as defined by board rule, from an accredited pharmacy degree

program approved by the board;

(E) has passed the examination required by the board; and

(F) has not had a pharmacist license granted by another state

restricted, suspended, revoked, or surrendered, for any reason.

(b) Each applicant must obtain practical experience in the

practice of pharmacy concurrent with college attendance or after

college graduation, or both, under conditions the board

determines.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.052. CONTENT, PREPARATION, AND VALIDATION OF

EXAMINATION. (a) The board shall determine the content and

subject matter of a licensing examination.

(b) The examination shall be prepared to measure the competence

of the applicant to practice pharmacy.

consultant in preparing an appropriate examination.

(d) A written examination prepared or offered by the board,

including a standardized national examination, must be validated

by an independent testing professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.053. GRADING OF EXAMINATION. (a) The board may employ

and cooperate with an organization or consultant in grading the

examination.

(b) The board shall determine whether an applicant has passed

the examination. The board has sole discretion and responsibility

for that determination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.054. FREQUENCY OF OFFERING EXAMINATION. The board

shall give the examination at least two times during each state

fiscal year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.055. FAILURE TO PASS; REEXAMINATION. (a) An applicant

who on the applicant's first attempt fails the examination may

take the examination two additional times.

(b) Before an applicant who has failed the examination three

times is allowed to retake the examination, the applicant must

provide documentation from a college of pharmacy that the

applicant has successfully completed additional college course

work in each examination subject area the applicant failed.

examination, the board shall furnish the person with an analysis

of the person's performance on the examination.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.056. NOTIFICATION. The board shall notify each person

taking an examination of the results of the examination not later

than the 30th day after the date the board receives the results

from a national testing service if the board uses a national

testing service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.057. INTERNSHIP OR OTHER PROGRAM TO QUALIFY FOR

EXAMINATION. (a) In this section, "preceptor" means a

pharmacist licensed in this state to practice pharmacy or another

health care professional who meets the preceptor requirements

specified by rule and who is recognized by the board to supervise

and be responsible for the activities and functions of a

pharmacist-intern in an internship program.

(b) The board shall:

(1) establish standards for an internship or other program

necessary to qualify an applicant for the licensing examination;

and

(2) determine the qualifications necessary for a preceptor used

in the program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 13, eff. September 1, 2005.

Sec. 558.058. ACCESSIBILITY OF EXAMINATION. The board by rule

shall ensure that an examination under this subchapter is

administered to applicants with disabilities in compliance with

the Americans with Disabilities Act of 1990 (42 U.S.C. Section

12101 et seq.).

Added by Acts 2005, 79th Leg., Ch.

1345, Sec. 14, eff. September 1, 2005.

Sec. 558.059. EXAMINATION FEE REFUND. (a) The board may retain

all or part of an examination fee paid by an applicant who is

unable to take the examination.

(b) The board shall adopt policies allowing the board to refund

the examination fee paid by an applicant who:

(1) provides advance notice of the applicant's inability to take

the examination; or

(2) is unable to take the examination because of an emergency.

period and the emergencies that warrant a refund.

(d) The board shall make efforts to ensure that the policy does

not conflict with the policy of a national testing body involved

in administering the examination.

Added by Acts 2005, 79th Leg., Ch.

1345, Sec. 15, eff. September 1, 2005.

SUBCHAPTER C. LICENSING BY RECIPROCITY

Sec. 558.101. QUALIFICATIONS FOR LICENSE BY RECIPROCITY. (a)

To qualify for a license to practice pharmacy, an applicant for

licensing by reciprocity must:

(1) submit to the board:

(A) a reciprocity fee set by the board; and

(B) a completed application in the form prescribed by the board,

given under oath;

(2) be of good moral character;

(3) have graduated and received a professional practice degree,

as defined by board rule, from an accredited pharmacy degree

program approved by the board;

(4) have presented to the board:

(A) proof of current or initial licensing by examination; and

(B) proof that the current license and any other license granted

to the applicant by another state has not been restricted,

suspended, revoked, or surrendered for any reason; and

(5) pass the Texas Pharmacy Jurisprudence examination.

(b) An applicant is not eligible for licensing by reciprocity

unless the state in which the applicant is currently or was

initially licensed as a pharmacist grants reciprocal licensing to

pharmacists licensed by examination in this state, under like

circumstances and conditions.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 16, eff. September 1, 2005.

SUBCHAPTER D. PROVISIONAL AND TEMPORARY LICENSING

Sec. 558.151. QUALIFICATIONS FOR PROVISIONAL LICENSE. (a) The

board may grant a provisional license to practice pharmacy to an

applicant licensed in another state who seeks a license in this

state. An applicant for a provisional license under this section

must:

(1) pay a fee set by the board;

(2) be licensed in good standing as a pharmacist in another

state that has professional standards and licensing requirements

that the board considers to be substantially equivalent to the

requirements of this subtitle;

(3) have passed a national or other examination recognized by

the board relating to pharmacy; and

(4) be sponsored by a person licensed under this subtitle with

whom the provisional license holder may practice under this

subchapter.

(b) The board may waive the requirement of Subsection (a)(4) for

an applicant if the board determines that compliance with that

subsection constitutes a hardship to the applicant.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.152. DURATION OF PROVISIONAL LICENSE. A provisional

license is valid until the date the board approves or denies the

license application under this subtitle.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.153. PROCESSING OF LICENSE APPLICATION. The board must

complete the processing of a provisional license holder's

application for a license not later than the 180th day after the

date the provisional license is issued or at the time licenses

are issued following the successful completion of the

examination, whichever date is later.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.154. ISSUANCE OF LICENSE TO PROVISIONAL LICENSE HOLDER.

The board shall issue a license to practice pharmacy under this

subtitle to the holder of a provisional license if:

(1) the provisional license holder passes the jurisprudence

examination required under this subtitle;

(2) the board verifies that the provisional license holder has

the academic and experience requirements for a license to

practice pharmacy under this subtitle; and

(3) the provisional license holder satisfies all other

requirements for a license to practice pharmacy under this

subtitle.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.155. TEMPORARY LICENSE. The board by rule may provide

for the issuance of a temporary license.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. CERTAIN PROHIBITED PRACTICES

Sec. 558.201. DUPLICATING LICENSE OR CERTIFICATE. Except as

expressly provided under this subtitle, a person may not in any

manner duplicate a license to practice pharmacy or a license

renewal certificate.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 558.202. FALSE AFFIDAVIT. A person who falsely makes the

affidavit prescribed by Section 558.051 or 558.101 is guilty of

fraudulent and dishonorable conduct and malpractice.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!