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TITLE 22EXAMINING BOARDS
PART 15TEXAS STATE BOARD OF PHARMACY
CHAPTER 291PHARMACIES
SUBCHAPTER CNUCLEAR PHARMACY (CLASS B)
RULE §291.55Records

    (D) Original prescription records other than prescriptions for Schedule II controlled substances may be stored on microfilm, microfiche, or other system which is capable of producing a direct image of the original prescription record, e.g., a digitalized imaging system. If original prescription records are stored in a direct imaging system, the following is applicable:

      (i) The original prescription records must be maintained and readily retrievable as specified in subparagraph (C) of this paragraph.

      (ii) The pharmacy must provide immediate access to equipment necessary to render the records easily readable.

  (7) Prescription drug order information.

    (A) All original radioactive prescription drug orders shall bear:

      (i) the name of the patient, if applicable at the time of the order;

      (ii) the name of the institution;

      (iii) the name, and if for a controlled substance, the address and DEA registration number of the practitioner;

      (iv) the name of the radiopharmaceutical;

      (v) the amount of radioactive material contained in millicuries (mCi), microcuries (uCi), or bequerels (Bq) and the corresponding time that applies to this activity, if different than the requested calibration date and time;

      (vi) the date and time of calibration; and

      (vii) the date of issuance.

    (B) At the time of dispensing, a pharmacist is responsible for the addition of the following information to the original prescription:

      (i) the unique identification number of the prescription drug order;

      (ii) the initials or identification code of the person who compounded the sterile radiopharmaceutical and the pharmacist who checked and released the product unless maintained in a readily retrievable format;

      (iii) the name, quantity, lot number, and expiration date of each product used in compounding the sterile radiopharmaceutical; and

      (iv) the date of dispensing, if different from the date of issuance.

  (8) Refills. A radioactive prescription drug order must be filled from an original prescription which may not be refilled.

(c) Policy and procedure manual.

  (1) All nuclear pharmacies shall maintain a policy and procedure manual. The nuclear pharmacy policy and procedure manual is a compilation of written policy and procedure statements.

  (2) A technical operations manual governing all nuclear pharmacy functions shall be prepared. It shall be continually revised to reflect changes in techniques, organizations, etc. All pharmacy personnel shall be familiar with the contents of the manual.

  (3) The nuclear pharmacy policies and procedures manual shall be prepared by the pharmacist-in-charge with input from the affected personnel and from other involved staff and committees to govern procurement, preparation, distribution, storage, disposal, and control of all drugs used and the need for policies and procedures relative to procurement of multisource items, inventory, investigational drugs, and new drug applications.

(d) Other records. Other records to be maintained by a pharmacy:

  (1) a permanent log of the initials or identification codes which identifies each dispensing pharmacist by name (the initials or identification codes shall be unique to ensure that each pharmacist can be identified, i.e., identical initials or identification codes shall not be used);

  (2) copy 3 of DEA order forms (DEA 222) which have been properly dated, initialed, and filed, and all copies of each unaccepted or defective order form and any attached statements or other documents;

  (3) a hard copy of the power of attorney to sign DEA 222 order forms (if applicable);

  (4) suppliers' invoices of controlled substances; a pharmacist shall verify that the controlled drugs listed on the invoices were actually received by clearly recording his/her initials and the actual date of receipt of the controlled substances;

  (5) suppliers' credit memos for controlled substances and dangerous drugs;

  (6) a hard copy of inventories required by §291.17 of this title (relating to Inventory Requirements);

  (7) hard copy reports of surrender or destruction of controlled substances and/or dangerous drugs to an appropriate state or federal agency;

  (8) records of distribution of controlled substances and/or dangerous drugs to other pharmacies, practitioners, or registrants; and

  (9) a hard copy of any notification required by the Texas Pharmacy Act or these sections, including, but not limited to, the following:

    (A) reports of theft or significant loss of controlled substances to DEA and the board;

    (B) notifications of a change in pharmacist-in-charge of a pharmacy; and

    (C) reports of a fire or other disaster which may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or treatment of injury, illness, and disease.

(e) Permission to maintain central records. Any pharmacy that uses a centralized recordkeeping system for invoices and financial data shall comply with the following procedures.

  (1) Controlled substance records. Invoices and financial data for controlled substances may be maintained at a central location provided the following conditions are met.

    (A) Prior to the initiation of central recordkeeping, the pharmacy submits written notification by registered or certified mail to the divisional director of DEA as required by the Code of Federal Regulations, Title 21, §1304.04(a), and submits a copy of this written notification to the board. Unless the registrant is informed by the divisional director of DEA that permission to keep central records is denied, the pharmacy may maintain central records commencing 14 days after receipt of notification by the divisional director.

    (B) The pharmacy maintains a copy of the notification required in subparagraph (A) of this paragraph.

    (C) The records to be maintained at the central record location shall not include executed DEA order forms, prescription drug orders, or controlled substance inventories, which shall be maintained at the pharmacy.

  (2) Dangerous drug records. Invoices and financial data for dangerous drugs may be maintained at a central location.

  (3) Access to records. If the records are kept on microfilm, computer media, or in any form requiring special equipment to render the records easily readable, the pharmacy shall provide access to such equipment with the records.

  (4) Delivery of records. The pharmacy agrees to deliver all or any part of such records to the pharmacy location within two business days of written request of an authorized agent of the board or any other authorized official.

  (5) Ownership of pharmacy records. For purposes of these sections, a pharmacy licensed under the Act is the only entity which may legally own and maintain prescription drug records.


Source Note: The provisions of this §291.55 adopted to be effective March 19, 1998, 23 TexReg 2815; amended to be effective June 1, 2002, 27 TexReg 1781; amended to be effective June 6, 2004, 29 TexReg 5362; amended to be effective December 3, 2006, 31 TexReg 9610; amended to be effective September 14, 2010, 35 TexReg 8357; amended to be effective June 20, 2019, 44 TexReg 2947; amended to be effective December 10, 2020, 45 TexReg 8855

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