The Texas State Board of Pharmacy adopts on an emergency basis new rule §291.30, concerning Medication Limitations, and finds that it is not practical to provide the usual 30 days' prior notice and hearing. The Texas State Board of Pharmacy recognizes the extraordinary demand for chloroquine, hydroxychloroquine, mefloquine, or azithromycin as a result of COVID-19 (coronavirus).

The new rule is adopted on an emergency basis due to the imminent peril to public health, safety and welfare caused by shortages of medication for existing conditions due to COVID-19 (coronavirus).

Emergency new rule §291.30 provides limitations on the dispensing of chloroquine, hydroxychloroquine, mefloquine, or azithromycin.

The emergency new rule is adopted under §551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 566 and 568 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act. In addition, the new rule is adopted on an emergency basis pursuant to Texas Government Code §2001.034, which authorizes the adoption of a rule on an emergency basis without prior notice and comment based upon a determination of imminent peril to the public health, safety or welfare.

The statutes affected by this rule: Texas Pharmacy Act, Chapters 551 - 566 and 568 - 569, Texas Occupations Code; Chapter 2001, Texas Government Code.