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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER GSERVICES PROVIDED BY PHARMACIES
RULE §291.131Pharmacies Compounding Non-Sterile Preparations

    (C) Unless otherwise indicated or appropriate, compounded preparations are to be prepared to ensure that each preparation shall contain not less than 90.0 percent and not more than 110.0 percent of the theoretically calculated and labeled quantity of active ingredient per unit weight or volume and not less than 90.0 percent and not more than 110.0 percent of the theoretically calculated weight or volume per unit of the preparation.

(e) Records.

  (1) Maintenance of records. Every record required by this section shall be:

    (A) kept by the pharmacy and be available, for at least two years for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies; and

    (B) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format. Failure to provide the records set out in this section, either on site or within 72 hours, constitutes prima facie evidence of failure to keep and maintain records in violation of the Act.

  (2) Compounding records.

    (A) Compounding pursuant to patient specific prescription drug or medication orders. Compounding records for all compounded preparations shall be maintained by the pharmacy electronically or manually as part of the prescription drug or medication order, formula record, formula book, or compounding log and shall include:

      (i) the date of preparation;

      (ii) a complete formula, including methodology and necessary equipment which includes the brand name(s) of the raw materials, or if no brand name, the generic name(s) and name(s) of the manufacturer(s) of the raw materials and the quantities of each;

      (iii) signature or initials of the pharmacist or pharmacy technician or pharmacy technician trainee performing the compounding;

      (iv) signature or initials of the pharmacist responsible for supervising pharmacy technicians or pharmacy technician trainees and conducting in-process and final checks of compounded preparations if pharmacy technicians or pharmacy technician trainees perform the compounding function;

      (v) the quantity in units of finished preparations or amount of raw materials;

      (vi) the container used and the number of units prepared;

      (vii) a reference to the location of the following documentation which may be maintained with other records, such as quality control records:

        (I) the criteria used to determine the beyond-use date; and

        (II) documentation of performance of quality control procedures. Documentation of the performance of quality control procedures is not required if the compounding process is done pursuant to a patient specific order and involves the mixing of two or more commercially available oral liquids or commercially available preparations when the final product is intended for external use.

    (B) Compounding records when batch compounding or compounding in anticipation of future prescription drug or medication orders.

      (i) Master work sheet. A master work sheet shall be developed and approved by a pharmacist for preparations prepared in batch. Once approved, a duplicate of the master work sheet shall be used as the preparation work sheet from which each batch is prepared and on which all documentation for that batch occurs. The master work sheet shall contain at a minimum:

        (I) the formula;

        (II) the components;

        (III) the compounding directions;

        (IV) a sample label;

        (V) evaluation and testing requirements;

        (VI) specific equipment used during preparation; and

        (VII) storage requirements.

      (ii) Preparation work sheet. The preparation work sheet for each batch of preparations shall document the following:

        (I) identity of all solutions and ingredients and their corresponding amounts, concentrations, or volumes;

        (II) lot number or each component;

        (III) component manufacturer/distributor or suitable identifying number;

        (IV) container specifications;

        (V) unique lot or control number assigned to batch;

        (VI) beyond use date of batch-prepared preparations;

        (VII) date of preparation;

        (VIII) name, initials, or electronic signature of the person(s) involved in the preparation;

        (IX) name, initials, or electronic signature of the responsible pharmacist;

        (X) finished preparation evaluation and testing specifications, if applicable; and

        (XI) comparison of actual yield to anticipated or theoretical yield, when appropriate.

(f) Office Use Compounding and Distribution of Compounded Preparations to Class C Pharmacies or Veterinarians in Accordance With §563.054 of the Act.

  (1) General.

    (A) A pharmacy may dispense and deliver a reasonable quantity of a compounded preparation to a practitioner for office use by the practitioner in accordance with this subsection.

    (B) A Class A pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute non-sterile compounded preparations to a Class C pharmacy.

    (C) A Class C pharmacy is not required to register or be licensed under Chapter 431, Health and Safety Code, to distribute non-sterile compounded preparations that the Class C pharmacy has compounded for other Class C pharmacies under common ownership.

    (D) To dispense and deliver a compounded preparation under this subsection, a pharmacy must:

      (i) verify the source of the raw materials to be used in a compounded drug;

      (ii) comply with applicable United States Pharmacopoeia guidelines, including the testing requirements, and the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191);

      (iii) enter into a written agreement with a practitioner for the practitioner's office use of a compounded preparation;

      (iv) comply with all applicable competency and accrediting standards as determined by the board; and

      (v) comply with the provisions of this subsection.

  (2) Written Agreement. A pharmacy that provides non-sterile compounded preparations to practitioners for office use or to another pharmacy shall enter into a written agreement with the practitioner or pharmacy. The written agreement shall:

    (A) address acceptable standards of practice for a compounding pharmacy and a practitioner and receiving pharmacy that enter into the agreement including a statement that the compounded preparations may only be administered to the patient and may not be dispensed to the patient or sold to any other person or entity except as authorized by §563.054 of the Act;

    (B) state that the practitioner or receiving pharmacy should include on a separate log or in a patient's chart, medication order, or medication administration record, the lot number and beyond-use date of a compounded preparation administered to a patient; and

    (C) describe the scope of services to be performed by the pharmacy and practitioner or receiving pharmacy, including a statement of the process for:

      (i) a patient to report an adverse reaction or submit a complaint; and

      (ii) the pharmacy to recall batches of compounded preparations.

  (3) Recordkeeping.

    (A) Maintenance of Records.

      (i) Records of orders and distribution of non-sterile compounded preparations to a practitioner for office use or to a Class C pharmacy for administration to a patient shall:

        (I) be kept by the pharmacy and be available, for at least two years from the date of the record, for inspecting and copying by the board or its representative and to other authorized local, state, or federal law enforcement agencies;

        (II) maintained separately from the records of products dispensed pursuant to a prescription or medication order; and

        (III) supplied by the pharmacy within 72 hours, if requested by an authorized agent of the Texas State Board of Pharmacy or its representative. If the pharmacy maintains the records in an electronic format, the requested records must be provided in an electronic format. Failure to provide the records set out in this subsection, either on site or within 72 hours for whatever reason, constitutes prima facie evidence of failure to keep and maintain records.

Cont'd...

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