(a) Placing a license on inactive status. A person
who is licensed by the board to practice pharmacy but who is not eligible
to renew the license for failure to comply with the continuing education
requirements of the Act, Chapter 559, Subchapter A, and who is not
engaged in the practice of pharmacy in this state, may place the license
on inactive status at the time of license renewal or during a license
period as follows:
(1) To place a license on inactive status at the time
of renewal, the licensee shall:
(A) complete and submit before the expiration date
a pharmacist license renewal application provided by the board;
(B) state on the renewal application that the license
is to be placed on inactive status and that the licensee shall not
practice pharmacy in Texas while the license is inactive; and
(C) pay the fee for renewal of the license as specified
in §295.5 of this title (relating to Pharmacist License or Renewal
Fees).
(2) To place a license on inactive status at a time
other than the time of license renewal, the licensee shall:
(A) return the current renewal certificate to the board;
(B) submit a signed statement stating that the licensee
shall not practice pharmacy in Texas while the license is inactive,
and the date the license is to be placed on inactive status; and
(C) pay the fee for issuance of an amended license
as specified in §295.5(e) of this title (relating to Pharmacist
License or Renewal Fees).
(b) Prohibition against practicing pharmacy in Texas
with an inactive license. A holder of a license that is on inactive
status shall not practice pharmacy in this state. The practice of
pharmacy by a holder of a license that is on inactive status constitutes
the practice of pharmacy without a license.
(c) Reactivation of an inactive license.
(1) A holder of a license that is on inactive status
may return the license to active status by:
(A) applying for active status on a form prescribed
by the board;
(B) providing copies of completion certificates from
approved continuing education programs as specified in §295.8(e)
of this title (relating to Continuing Education Requirements) for
30 hours including at least one contact hour (0.1 CEU) related to
Texas pharmacy laws or rules. Approved continuing education earned
within two years prior to the licensee applying for the return to
active status may be applied toward the continuing education requirement
for reactivation of the license but may not be counted toward subsequent
renewal of the license; and
(C) paying the fee specified in paragraph (2) of this
subsection.
(2) If the application for reactivation of the license
is made at the time of license renewal, the applicant shall pay the
license renewal fee specified in §295.5 of this title (relating
to Pharmacist License or Renewal Fees). If the application for reactivation
of the license is made at a time other than the time of license renewal,
the applicant shall pay the fee for issuance of an amended license
to practice pharmacy as specified in §295.5(e) of this title
(relating to Pharmacist License or Renewal Fees).
(3) In an emergency caused by a natural or manmade
disaster or any other exceptional situation that causes an extraordinary
demand for pharmacist services, the executive director of the board,
in his/her discretion, may allow a pharmacist whose license has been
inactive for no more than two years to reactivate their license prior
to obtaining the required continuing education specified in paragraph
(1)(B) of this subsection, provided the pharmacist completes the continuing
education requirement within six months of reactivation of the license.
If the required continuing education is not provided within six months,
the license shall return to an inactive status.
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Source Note: The provisions of this §295.9 adopted to be effective May 6, 1993, 18 TexReg 2625; amended to be effective January 3, 2000, 24 TexReg 12068; amended to be effective June 13, 2002, 27 TexReg 4947; amended to be effective March 6, 2006, 31 TexReg 1445; amended to be effective September 18, 2007, 32 TexReg 6375; amended to be effective June 11, 2015, 40 TexReg 3666; amended to be effective September 16, 2018, 43 TexReg 5804; amended to be effective March 5, 2020, 45 TexReg 1434; amended to be effective December 4, 2023, 48 TexReg 7061 |