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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER BCOMMUNITY PHARMACY (CLASS A)
RULE §291.33Operational Standards

  (6) metric-apothecary weight and measure conversion charts.

(e) Library. A reference library shall be maintained which includes the following in hard-copy or electronic format:

  (1) current copies of the following:

    (A) Texas Pharmacy Act and rules;

    (B) Texas Dangerous Drug Act and rules;

    (C) Texas Controlled Substances Act and rules; and

    (D) Federal Controlled Substances Act and rules (or official publication describing the requirements of the Federal Controlled Substances Act and rules);

  (2) at least one current or updated reference from each of the following categories:

    (A) a patient prescription drug information reference text or leaflets which are designed for the patient and must be available to the patient;

    (B) at least one current or updated general drug information reference which is required to contain drug interaction information including information needed to determine severity or significance of the interaction and appropriate recommendations or actions to be taken; and

    (C) if the pharmacy dispenses veterinary prescriptions, a general reference text on veterinary drugs; and

  (3) basic antidote information and the telephone number of the nearest Regional Poison Control Center.

(f) Drugs.

  (1) Procurement and storage.

    (A) The pharmacist-in-charge shall have the responsibility for the procurement and storage of drugs, but may receive input from other appropriate staff relative to such responsibility.

    (B) Prescription drugs and devices and nonprescription Schedule V controlled substances shall be stored within the prescription department or a locked storage area.

    (C) All drugs shall be stored at the proper temperature, as defined in the USP/NF and §291.15 of this title (relating to Storage of Drugs).

  (2) Out-of-date drugs or devices.

    (A) Any drug or device bearing an expiration date shall not be dispensed beyond the expiration date of the drug or device.

    (B) Outdated drugs or devices shall be removed from dispensing stock and shall be quarantined together until such drugs or devices are disposed of properly.

  (3) Nonprescription Schedule V controlled substances.

    (A) Schedule V controlled substances containing codeine, dihydrocodeine, or any of the salts of codeine or dihydrocodeine may not be distributed without a prescription drug order from a practitioner.

    (B) A pharmacist may distribute nonprescription Schedule V controlled substances which contain no more than 15 milligrams of opium per 29.5729 ml or per 28.35 Gm provided:

      (i) such distribution is made only by a pharmacist; a nonpharmacist employee may not distribute a nonprescription Schedule V controlled substance even if under the supervision of a pharmacist; however, after the pharmacist has fulfilled professional and legal responsibilities, the actual cash, credit transaction, or delivery may be completed by a nonpharmacist:

      (ii) not more than 240 ml (eight fluid ounces), or not more than 48 solid dosage units of any substance containing opium, may be distributed to the same purchaser in any given 48-hour period without a prescription drug order;

      (iii) the purchaser is at least 18 years of age; and

      (iv) the pharmacist requires every purchaser not known to the pharmacist to furnish suitable identification (including proof of age where appropriate).

    (C) A record of such distribution shall be maintained by the pharmacy in a bound record book. The record shall contain the following information:

      (i) true name of the purchaser;

      (ii) current address of the purchaser;

      (iii) name and quantity of controlled substance purchased;

      (iv) date of each purchase; and

      (v) signature or written initials of the distributing pharmacist.

  (4) Class A Pharmacies may not sell, purchase, trade or possess prescription drug samples, unless the pharmacy meets the requirements as specified in §291.16 of this title (relating to Samples).

(g) Prepackaging of drugs.

  (1) Drugs may be prepackaged in quantities suitable for internal distribution only by a pharmacist or by pharmacy technicians or pharmacy technician trainees under the direction and direct supervision of a pharmacist.

  (2) The label of a prepackaged unit shall indicate:

    (A) brand name and strength of the drug; or if no brand name, then the generic name, strength, and name of the manufacturer or distributor;

    (B) facility's lot number;

    (C) facility's beyond use date; and

    (D) quantity of the drug, if the quantity is greater than one.

  (3) Records of prepackaging shall be maintained to show:

    (A) name of the drug, strength, and dosage form;

    (B) facility's lot number;

    (C) manufacturer or distributor;

    (D) manufacturer's lot number;

    (E) manufacturer's expiration date;

    (F) quantity per prepackaged unit;

    (G) number of prepackaged units;

    (H) date packaged;

    (I) name, initials, or electronic signature of the prepacker; and

    (J) signature, or electronic signature of the responsible pharmacist.

  (4) Stock packages, repackaged units, and control records shall be quarantined together until checked/released by the pharmacist.

(h) Customized patient medication packages.

  (1) Purpose. In lieu of dispensing two or more prescribed drug products in separate containers, a pharmacist may, with the consent of the patient, the patient's caregiver, or the prescriber, provide a customized patient medication package (patient med-pak).

  (2) Label.

    (A) The patient med-pak shall bear a label stating:

      (i) the name of the patient;

      (ii) the unique identification number for the patient med-pak itself and a separate unique identification number for each of the prescription drug orders for each of the drug products contained therein;

      (iii) the name, strength, physical description or identification, and total quantity of each drug product contained therein;

      (iv) the directions for use and cautionary statements, if any, contained in the prescription drug order for each drug product contained therein;

      (v) if applicable, a warning of the potential harmful effect of combining any form of alcoholic beverage with any drug product contained therein;

      (vi) any storage instructions or cautionary statements required by the official compendia;

      (vii) the name of the prescriber of each drug product;

      (viii) the name, address, and telephone number of the pharmacy;

      (ix) the initials or an identification code of the dispensing pharmacist;

      (x) the date after which the prescription should not be used or beyond-use-date. Unless otherwise specified by the manufacturer, the beyond-use-date shall be one year from the date the med-pak is dispensed or the earliest manufacturer's expiration date for a product contained in the med-pak if it is less than one-year from the date dispensed. The beyond-use-date may be placed on the prescription label or on a flag label attached to the bottle. A beyond-use-date is not required on the label of a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication;

      (xi) either on the prescription label or the written information accompanying the prescription, the statement "Do not flush unused medications or pour down a sink or drain." A drug product on a list developed by the Federal Food and Drug Administration of medicines recommended for disposal by flushing is not required to bear this statement; and

      (xii) any other information, statements, or warnings required for any of the drug products contained therein.

    (B) If the patient med-pak allows for the removal or separation of the intact containers therefrom, each individual container shall bear a label identifying each of the drug product contained therein.

    (C) The dispensing container is not required to bear the label as specified in subparagraph (A) of this paragraph if:

      (i) the drug is prescribed for administration to an ultimate user who is institutionalized in a licensed health care institution (e.g., nursing home, hospice, hospital);

      (ii) no more than a 90-day supply is dispensed at one time;

Cont'd...

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