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.
(c) A person may not dispense or distribute prescription drugs
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;
(C) has completed a minimum of a 1,000-hour internship or other
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.
(c) The board may employ and cooperate with an organization or
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.
(c) If requested in writing by a person who fails the
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.
(c) The board's policy must establish the required notification
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.