CHAPTER 555. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 555. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 555.001. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and procedures by which complaints are filed with
and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
(c) The board shall provide on its website a list of all
Internet pharmacies licensed by the board and shall provide
information about each pharmacy, including the pharmacy's name,
license number, and state of physical location. In this
subsection, an Internet pharmacy is a pharmacy physically located
in this state or another state that:
(1) dispenses a prescription drug or device under a prescription
drug order in response to a request received by way of the
Internet to dispense the drug or device; and
(2) delivers the drug or device to a patient in this state by
United States mail, common carrier, or delivery service.
(d) Information regarding the home address or home telephone
number of a person licensed or registered under this subtitle,
including a pharmacy owner, is confidential and not subject to
disclosure under Chapter 552, Government Code, but each person
licensed or registered must provide the board with a business
address or address of record that is subject to disclosure under
Chapter 552, Government Code, and that may be posted on the
board's Internet site or in the board's licensure verification
database.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 10, eff. September 1, 2005.
Sec. 555.002. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
The board may provide for that notice:
(1) on each registration form, application, or written contract
for services of a person regulated by the board;
(2) on a sign prominently displayed in the place of business of
each person regulated by the board; or
(3) in a bill for service provided by a person regulated by the
board.
(b) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
(c) Any person who has knowledge relating to an action or
omission of a pharmacist or pharmacy licensed by the board that
constitutes a ground for disciplinary action under Section
565.001 or 565.002, or a rule adopted under one of those
sections, may provide relevant records, report relevant
information, or provide assistance to the board.
(d) A complaint directed to the board under this section may be
made through the Internet.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 972, Sec. 2, eff. Sept. 1,
2001.
Sec. 555.003. COMPLAINT FORM. The board by rule shall adopt a
form on which a person may file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.004. ASSISTANCE WITH COMPLAINT. The board shall
provide reasonable assistance to a person who wants to file a
complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint
received by the board, the board shall maintain information about
parties to the complaint, the subject matter of the complaint, a
summary of the results of the review or investigation of the
complaint, and its disposition.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 11, eff. September 1, 2005.
Sec. 555.006. NOTIFICATION CONCERNING COMPLAINT. (a) The board
shall notify the complainant not later than the 30th day after
the date the board receives the complaint and shall provide an
estimated time for resolution of the complaint.
(b) If a written complaint is filed with the board that the
board has authority to resolve, the board, at least every four
months and until final disposition of the complaint, shall notify
the parties to the complaint of the status of the complaint
unless the notice would jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.007. GENERAL RULES REGARDING COMPLAINT INVESTIGATION
AND DISPOSITION. (a) The board shall adopt policies and
procedures concerning the investigation of a complaint filed with
the board. The policies and procedures must:
(1) determine the seriousness of the complaint;
(2) ensure that a complaint is not closed without appropriate
consideration;
(3) ensure that a letter is sent to the person who filed the
complaint explaining the action taken on the complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint;
(5) prescribe guidelines concerning the types of complaints that
require the use of a private investigator and the procedures for
the board to obtain the services of a private investigator; and
(6) allow appropriate employees of the board to dismiss a
complaint if an investigation shows that:
(A) no violation occurred; or
(B) the subject of the complaint is outside the board's
jurisdiction.
(b) The board shall:
(1) dispose of a complaint in a timely manner; and
(2) establish a schedule for conducting each phase of the
investigation or disposition that is under the control of the
board.
(c) At each public meeting of the board, the executive director
shall report to the board each complaint dismissed under
Subsection (a)(6) since the board's last public meeting.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 12, eff. September 1, 2005.
Sec. 555.008. NOTICE TO BOARD CONCERNING COMPLAINTS. (a) The
executive director shall notify the board of the number of
complaints that are unresolved after two years after the date of
the filing of the complaint. The executive director shall provide
the board with an explanation of the reason that a complaint has
not been resolved.
(b) The executive director shall provide the notice and
explanation required under Subsection (a) periodically at
regularly scheduled board meetings.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.009. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
an issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English may be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.010. CONFIDENTIALITY. The identity of a person who
reports to or assists the board under Section 555.002(c) and a
document that could disclose the identity of that person are
confidential and are not considered public information for the
purposes of Chapter 552, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.011. IMMUNITY. (a) A person who provides information
or assistance under Section 555.002(c) is immune from civil
liability arising from providing the information or assistance.
(b) Subsection (a) shall be liberally construed to accomplish
the purposes of this chapter, and the immunity provided under
that subsection is in addition to any other immunity provided by
law.
(c) A person who provides information or assistance to the board
under this chapter is presumed to have acted in good faith. A
person who alleges a lack of good faith has the burden of proof
on that issue.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 555.012. COUNTERCLAIM OR SUIT. (a) A person who provides
information or assistance under Section 555.002(c) and who is
named as a defendant in a civil action filed as a result of the
information or assistance may file a counterclaim in a pending
action or may prove a cause of action in a subsequent suit to
recover defense costs, including court costs, attorney's fees,
and damages incurred as a result of the civil action, if the
plaintiff's original suit is determined to be frivolous,
unreasonable, without foundation, or brought in bad faith.
(b) A board employee or member or an agent of the board who is
named as a defendant in a civil action filed as a result of an
action taken in the person's official capacity or in the course
and scope of employment may file a counterclaim in a pending
action or may prove a cause of action in a subsequent suit to
recover defense costs, including court costs, attorney's fees,
and damages incurred as a result of the civil action, if the
plaintiff's original suit is determined to be frivolous,
unreasonable, without foundation, or brought in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.