CHAPTER 559. RENEWAL OF LICENSE TO PRACTICE PHARMACY
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 559. RENEWAL OF LICENSE TO PRACTICE PHARMACY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 559.001. EXPIRATION OF LICENSE. (a) Except as provided by
Subsection (b), a license to practice pharmacy expires December
31 of each year or of every other year, as determined by the
board.
(b) The board may adopt a system under which licenses to
practice pharmacy expire on various dates during the year.
(c) If the board changes the expiration date of a license, the
board shall prorate the license renewal fee to cover the months
for which the license is valid for the year in which the date is
changed. The total license renewal fee is due on the new
expiration date.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.002. RENEWAL PERIOD. A license to practice pharmacy
may be renewed for one or two years, as determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.003. REQUIREMENTS FOR RENEWAL. (a) To renew a license
to practice pharmacy, the license holder must before the
expiration date of the license:
(1) pay a renewal fee as determined by the board;
(2) comply with the continuing education requirements prescribed
by the board; and
(3) file with the board a completed application for a license
renewal certificate that:
(A) is given under oath; and
(B) is accompanied by a certified statement executed by the
license holder that attests that the license holder has satisfied
the continuing education requirements during the preceding
license period.
(b) A person whose license has been expired for 90 days or less
may renew the expired license by paying to the board a renewal
fee that is equal to one and one-half times the normally required
renewal fee for the license.
(c) A person whose license has been expired for more than 90
days but less than one year may renew the expired license by
paying to the board a renewal fee that is equal to two times the
normally required renewal fee for the license.
(d) A person whose license has been expired for one year or more
may not renew the license. The person may obtain a new license
by complying with the requirements and procedures for obtaining
an original license, including the examination requirement.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 2, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 17, eff. September 1, 2005.
Sec. 559.004. ISSUANCE OF LICENSE RENEWAL CERTIFICATE. (a) The
board shall issue a license renewal certificate to an applicant
after the board has received, in a time prescribed by Section
559.003:
(1) the completed application;
(2) the renewal fee; and
(3) proof of completion of the continuing education requirements
prescribed by Subchapter B.
(b) The renewal certificate must contain:
(1) the pharmacist's license number;
(2) the period for which the license is renewed; and
(3) other information the board determines necessary.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.005. ISSUANCE OF NEW LICENSE. (a) The board may issue
a new license to practice pharmacy to a person who is prohibited
under Section 559.003(d) from renewing a license if the person
has not had a license granted by any other state restricted,
suspended, revoked, canceled, or surrendered for any reason and
qualifies under this section.
(b) A person qualifies for a license under this section if the
person:
(1) was licensed as a pharmacist in this state, moved to another
state, and is licensed and has been practicing pharmacy in the
other state for the two years preceding the date the application
for a new license is submitted;
(2) pays to the board an amount equal to the examination fee for
the license; and
(3) passes the Texas Pharmacy Jurisprudence examination.
(c) A person qualifies for a license under this section if the
person:
(1) was licensed as a pharmacist in this state;
(2) pays to the board an amount equal to the examination fee for
the license; and
(3) passes the Texas Pharmacy Jurisprudence examination and any
other examination required by the board and in addition to or
instead of passing the examination as required by the board,
participates in continuing pharmacy education and practices under
conditions set by the board.
(d) A person qualifies for a license under this section if the
person:
(1) submits to reexamination; and
(2) complies with the requirements and procedures for obtaining
an original license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.006. LICENSE EXPIRATION NOTICE. At least 30 days
before the expiration of a person's license, the board shall send
written notice of the impending license expiration to the person
at the license holder's last known address according to the
board's records.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.007. PRACTICING PHARMACY WITHOUT RENEWAL CERTIFICATE.
A person who practices pharmacy without a current license renewal
certificate as required by this chapter is practicing pharmacy
without a license and is subject to all penalties for practicing
pharmacy without a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. MANDATORY CONTINUING EDUCATION
Sec. 559.051. SATISFACTION OF CONTINUING EDUCATION REQUIREMENT.
(a) A holder of a license to practice pharmacy may meet the
continuing education requirement by:
(1) completing continuing education programs approved by the
board; or
(2) passing a standardized pharmacy examination approved by the
board.
(b) A license holder who takes the examination under Subsection
(a)(2) must pay the examination fee assessed by the board under
Section 554.006.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.052. RULES RELATING TO CONTINUING EDUCATION. (a) The
board shall adopt rules relating to:
(1) the adoption or approval of mandatory continuing education
programs;
(2) the approval of providers and the operation of continuing
education programs; and
(3) the evaluation of the effectiveness of continuing education
programs and a license holder's participation and performance in
those programs.
(b) In establishing the requirement for continuing education,
the board shall consider:
(1) factors that lead to the competent performance of
professional duties; and
(2) the continuing education needs of license holders.
(c) In adopting rules relating to the approval of continuing
education programs or providers, the board may consider:
(1) programs approved by the Texas Pharmacy Foundation; and
(2) providers approved by the American Council on Pharmaceutical
Education.
(d) The board shall approve home study courses, correspondence
courses, or other similar programs.
(e) The board by rule may grant an extension for the completion
of a continuing education requirement for good cause.
(f) The board by rule may exempt a person from all or part of
the continuing education requirements.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder
satisfies the continuing education requirement by presenting
evidence satisfactory to the board of completion of at least 30
hours of continuing education during the preceding 24 months of
the person's license period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 3, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.304(a), eff. Sept.
1, 2001.
Sec. 559.054. CERTIFICATE OF COMPLETION. Each continuing
education program approved by the board shall issue a certificate
of completion to a license holder who satisfactorily completes
the program.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.055. RECORDS. Each license holder shall maintain
records for three years showing the continuing education programs
completed by the license holder.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.056. DEMONSTRATION OF COMPLIANCE. On an audit by the
board, a license holder is in compliance with the continuing
education requirements if the license holder submits to the
board:
(1) an affidavit stating that the license holder has complied
with those requirements; and
(2) records showing completion of the continuing education
programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. INACTIVE STATUS
Sec. 559.101. ELIGIBILITY FOR INACTIVE STATUS. The board by
rule shall adopt a system for placing on inactive status a
license held by a person who:
(1) is licensed by the board to practice pharmacy;
(2) is not eligible to renew the license because of failure to
comply with the continuing education requirements under
Subchapter B; and
(3) is not practicing pharmacy in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.102. RESTRICTION ON LENGTH OF INACTIVE STATUS. The
board may restrict the length of time a license may remain on
inactive status.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.103. APPLICATION FOR INACTIVE STATUS. A license holder
may place the holder's license on inactive status by:
(1) applying for inactive status on a form prescribed by the
board before the expiration date of the license; and
(2) complying with all other requirements for renewal of a
license other than the continuing education requirements under
Subchapter B.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.104. RETURN TO ACTIVE STATUS. A holder of a license
that is on inactive status may return the license to active
status by:
(1) applying for active status on a form prescribed by the
board; and
(2) providing evidence satisfactory to the board that the
license holder has completed the number of hours of continuing
education, up to 36 hours, that would otherwise have been
required for renewal of the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 559.105. PRACTICING PHARMACY DURING INACTIVE STATUS. (a)
A holder of a license that is on inactive status may not practice
pharmacy in this state.
(b) A license holder who practices pharmacy while the holder's
license is on inactive status is practicing pharmacy without a
license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.