<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER ECLINIC PHARMACY (CLASS D)
RULE §291.93Operational Standards

    (F) Drugs and/or devices may only be provided in prepackaged quantities in suitable containers and/or original manufacturer's containers which are appropriately labeled as set out in paragraphs (4) and (5) of this subsection.

    (G) Such drugs and/or devices shall be labeled by a pharmacist licensed by the board; however, when drugs and/or devices are provided under the supervision of a physician according to standing delegation orders or standing medical orders, supportive personnel may at the time of provision print on the label the following information or affix an ancillary label containing the following information:

      (i) patient's name; however, the patient's partner or family member is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease or for a patient's family members if the patient has an illness determined by the Centers for Disease Control and Prevention, the World Health Organization, or the Governor's office to be pandemic;

      (ii) any information necessary to complete the directions for use in accordance with paragraph (4)(C)(ii) of this subsection;

      (iii) date of provision; and

      (iv) practitioner's name.

    (H) Records of provision shall be maintained according to §291.94(e) of this title.

    (I) Controlled substances may not be provided or dispensed.

    (J) Non-sterile preparations may only be provided by the clinic pharmacy in accordance with §291.131 of this title (relating to Pharmacies Compounding Non-sterile Preparations).

  (7) Dispensing. Dangerous drugs may only be dispensed by a pharmacist pursuant to a prescription order in accordance with §§291.31 - 291.35 of this title (relating to Community Pharmacy (Class A)) and §291.131 of this title.

(f) Pharmacy and therapeutics committee.

  (1) The clinic pharmacy shall have a pharmacy and therapeutics committee, which shall be composed of at least three persons and shall include the pharmacist-in-charge, the medical director of the clinic, and a person who is responsible for provision of drugs and devices.

  (2) The pharmacy and therapeutics committee shall develop the policy and procedure manual.

  (3) The pharmacy and therapeutics committee shall meet at least annually to:

    (A) review and update the policy and procedure manual; and

    (B) review the retrospective drug utilization review reports submitted by the pharmacist-in-charge if the clinic pharmacy has an expanded formulary.

(g) Policies and procedures.

  (1) Written policies and procedures shall be developed by the pharmacy and therapeutics committee and implemented by the pharmacist-in-charge.

  (2) The policy and procedure manual shall include, but not be limited to, the following:

    (A) a current list of the names of the pharmacist-in-charge, consultant-pharmacist, staff pharmacist(s), supportive personnel designated to provide drugs or devices, and the supportive personnel designated to supervise the day-to-day pharmacy related operations of the clinic in the absence of the pharmacist;

    (B) functions of the pharmacist-in-charge, consultant pharmacist, staff pharmacist(s), and supportive personnel;

    (C) objectives of the clinic;

    (D) formulary;

    (E) a copy of written agreement between the pharmacist-in-charge and the clinic;

    (F) date of last review/revision of policy and procedure manual; and

    (G) policies and procedures for:

      (i) security;

      (ii) equipment;

      (iii) sanitation;

      (iv) licensing;

      (v) reference materials;

      (vi) storage;

      (vii) packaging-repackaging;

      (viii) dispensing;

      (ix) provision;

      (x) retrospective drug regimen review;

      (xi) supervision;

      (xii) labeling-relabeling;

      (xiii) samples;

      (xiv) drug destruction and returns;

      (xv) drug and device procuring;

      (xvi) receiving of drugs and devices;

      (xvii) delivery of drugs and devices;

      (xviii) recordkeeping; and

      (xix) inspection.

(h) Supervision. The pharmacist-in-charge, consultant pharmacist, or staff pharmacist shall personally visit the clinic on at least a monthly basis to ensure that the clinic is following established policies and procedures. However, clinics operated by state or local governments and clinics funded by government sources money may petition the board for an alternative visitation schedule under the following conditions.

  (1) Such petition shall contain an affidavit with the notarized signatures of the medical director, the pharmacist-in-charge, and the owner/chief executive officer of the clinic, which states that the clinic has a current policy and procedure manual on file, has adequate security to prevent diversion of dangerous drugs, and is in compliance with all rules governing Class D pharmacies.

  (2) The board may consider the following items in determining an alternative schedule:

    (A) the degree of compliance on past compliance inspections;

    (B) the size of the patient population of the clinic;

    (C) the number and types of drugs contained in the formulary; and

    (D) the objectives of the clinic.

  (3) Such petition shall be resubmitted every two years in conjunction with the application for renewal of the pharmacy license.


Source Note: The provisions of this §291.93 adopted to be effective January 7, 1987, 11 TexReg 5128; amended to be effective July 29, 1987, 12 TexReg 2339; amended to be effective February 17, 1988, 13 TexReg 613; amended to be effective September 14, 1988, 13 TexReg 4575; amended to be effective September 27, 1991, 16 TexReg 5071; amended to be effective January 29, 1992, 17 TexReg 324; amended to be effective March 25, 1999, 24 TexReg 2022; amended to be effective June 20, 2001, 26 TexReg 4513; amended to be effective March 12, 2003, 28 TexReg 2082; amended to be effective September 7, 2008, 33 TexReg 7242; amended to be effective September 9, 2012, 37 TexReg 6917;amendedtobe effective December 5, 2012, 37 TexReg 9513; amended to be effective March 19, 2017, 42 TexReg 1127; amended to be effective September 6, 2017, TexReg 4467

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page