Next Review Date: 2028-2029 Review Cycle - 91st Legislative Session
Last Review Cycle: 2016-2017 Review Cycle - 85th Legislative Session
Sunset Documents for 2016-2017 Review Cycle, 85th Legislative Session
House Bill 2561 (Jun 2017)
Final Results of Last Sunset Review
- Continue the Texas State Board of Pharmacy for 12 years.
Prescription Monitoring Program
- Beginning September 1, 2017, require pharmacists or their delegates to enter dispensing information in the Prescription Monitoring Program database within one business day of dispensing controlled substances to ensure timely, complete data.
- Require the pharmacy board to develop red flag indicators for potentially harmful prescribing patterns or patient activity, and beginning January 1, 2018, require pharmacists to check the Prescription Monitoring Program database before dispensing when these red flag circumstances exist.
- Beginning September 1, 2019, require pharmacists to check the Prescription Monitoring Program database before dispensing certain controlled substances, with certain exemptions.
- Require prescriber licensing boards to provide licensee information to the pharmacy board, and require the pharmacy board to use this information to automatically register practitioners to use the Prescription Monitoring Program.
- Authorize the pharmacy board to send push notifications and to set related thresholds to proactively notify prescribers of suspicious activity and require the pharmacy board to copy licensing agencies on practitioner push notifications.
- Require wholesale pharmaceutical distributors to report their sales of controlled substances to the pharmacy board to provide a more complete picture of controlled substance inventory within the state.
- Require a joint interim study of changes to the Prescription Monitoring Program and the extent of drug diversion by animal owners by January 1, 2019 to understand the impacts of the database on controlled substance abuse and guide potential future changes.
- Direct the pharmacy board to create delegate accounts for pharmacy technicians to minimize the impact of new Prescription Monitoring Program requirements on pharmacists. (Management action – nonstatutory)
- Direct the board to work with vendors and stakeholders to integrate the Prescription Monitoring Program with pharmacy dispensing software to make checking the system easier in the future. (Management action – nonstatutory)
- Direct the board to make trend data about controlled substance prescriptions in Texas publicly available to assist future evaluations of prescribing and dispensing. (Management action – nonstatutory)
Licensing and Enforcement
- Remove unnecessary qualifications required of applicants for licensure or registration that could unreasonably restrict entry into practice.
- Require the board to create a system of graduated penalties for late renewal of pharmacy technician registration to incentivize timely renewals.
- Clarify statute to authorize the board to delegate tasks to the executive director to increase the board’s efficiency and ensure consistency between statutory authority and agency practices.
- Clarify statute to require the board to develop continuing education standards for pharmacy technicians to ensure technicians remain educated on changing developments in their field.
- Authorize the board to deny renewal applications from noncompliant applicants, a standard tool to better protect the public.
- Prohibit rulemaking action that would violate religious freedom protections in Chapter 110, Civil Practice and Remedies Code.
- Require the pharmacy board to create a remote dispensing site license for pharmacies in rural or medically underserved areas to provide telepharmacy services.
- Clarify statute that only a pharmacist has the exclusive authority to determine whether or not to dispense a drug.
- Direct the board to remove requirements that renewal forms be notarized, an unnecessary and burdensome requirement for applicants. (Management action – nonstatutory)
- Direct the board to query a national disciplinary database before license renewal to ensure licensees meet requirements for continued licensure. (Management action – nonstatutory)
- Direct the board to study the potential benefits of recognizing all nationally accredited pharmacy technician certifications. (Management action – nonstatutory)
- Update standard Sunset good government provisions for negotiated rulemaking, alternative dispute resolution, and board member training.
- Direct the board to develop and implement a succession plan to prepare for impending retirements. (Management action – nonstatutory)
Prescription Drug Donation Program
- Require the Executive Commissioner of the Health and Human Services Commission to adopt standards for a donation and redistribution program for unused prescription drugs.
College of Pharmacy
- Require that the Texas A&M College of Pharmacy be located in Kleburg county and include "Irma Rangel" in its official name.