TITLE 22. EXAMINING BOARDS

PART 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD

CHAPTER 153. RULES RELATING TO PROVISIONS OF THE TEXAS APPRAISER LICENSING AND CERTIFICATION ACT

22 TAC §153.16

The Texas Appraiser Licensing and Certification Board (TALCB) adopts amendments to 22 TAC §153.16, License Reinstatement, without changes to the proposed text as published in the May 19, 2017, issue of the Texas Register (42 TexReg 2643). The amendments clarify the requirements for applicants who apply for license reinstatement and explain when an applicant for license reinstatement is eligible for an examination waiver.

The reasoned justification for the amendments is to provide clarity for license reinstatement applicants and a requirement that is easier to understand and consistent with state and federal law.

No comments were received on the amendments as proposed.

The amendments are adopted under Texas Occupations Code §1103.151, which authorizes TALCB to adopt rules relating to certificates and licenses, and §1103.152, which authorizes TALCB to prescribe qualifications for appraisers that are consistent with the qualifications established by the AQB.

The statute affected by these amendments is Chapter 1103, Texas Occupations Code. No other statute, code or article is affected by the amendments.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 15, 2017.

TRD-201703144

Kristen Worman

General Counsel

Texas Appraiser Licensing and Certification Board

Effective date: September 4, 2017

Proposal publication date: May 19, 2017

For further information, please call: (512) 936-3652


PART 15. TEXAS STATE BOARD OF PHARMACY

CHAPTER 291. PHARMACIES

SUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)

22 TAC §§291.32 - 291.34

The Texas State Board of Pharmacy adopts amendments to §291.32, concerning Personnel; §291.33, concerning Operational Standards; and §291.34, concerning Records. These amendments are adopted without changes to the proposed text as published in the June 16, 2017, issue of the Texas Register (42 TexReg 3066).

The amendments clarify what shall be included in the dispensing process of a dispensing pharmacist; update the categories of references required to be maintained in the reference library of Class A pharmacies and require pharmacies that provide veterinary medications to keep a veterinary drug reference; add a requirement that orally or telephonically communicated prescriptions identify the transcribing pharmacist and the prescriber or agent communicating the prescription; clarify the requirements regarding the transfer of prescription drug order information between pharmacies to be consistent with DEA requirements; and clarify who may transfer prescriptions.

The Coalition for Nurses in Advanced Practice commented that references to physician in §291.32 and §291.34 should be changed to practitioner to make the rule more consistent with other rules. The Board agrees with the comments but will make the changes in a future proposal of the rule. The National Association of Chain Drugs Stores commented that the transfer requirements in §291.34 should reflect the federal Drug Enforcement Administration (DEA) citation to ensure that the Board rules continue to align with the DEA rules. The Board disagrees with the comment and did not change the language as suggested.

The amendments are adopted under §551.002, and §554.051 of the Texas Pharmacy Act (Chapters 551 - 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.

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 17, 2017.

TRD-201703183

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: September 6, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 305-8028


SUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)

22 TAC §291.76, §291.77

The Texas State Board of Pharmacy adopts amendments to §291.76, concerning Class C Pharmacies Located in a Freestanding Ambulatory Surgical Center, and §291.77, concerning Pharmacies Compounding Sterile Preparations (Class C-S). These amendments are adopted without changes to the proposed text as published in the June 16, 2017, issue of the Texas Register (42 TexReg 3090).

The amendments to §291.76 clarify the requirements regarding the withdrawal of drugs from the ambulatory surgical center pharmacy. The amendments to §291.77 remove licensing requirements specific to Class C-S pharmacies owned or operated by hospital management or consulting firms, and correct a grammatical error.

No comments were received.

The amendments are adopted under §551.002, and §554.051 of the Texas Pharmacy Act (Chapters 551 - 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.

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551- 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 17, 2017.

TRD-201703184

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: September 6, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 305-8028


SUBCHAPTER E. CLINIC PHARMACY (CLASS D)

22 TAC §291.93

The Texas State Board of Pharmacy adopts amendments to §291.93, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the June 16, 2017, issue of the Texas Register (42 TexReg 3100).

The amendments to §291.93 clarify the requirements regarding individuals who may initiate therapy and examine patients.

The Coalition for Nurses in Advanced Practice commented in support of the changes.

The amendments are adopted under §551.002 and §554.051 of the Texas Pharmacy Act (Chapters 551 - 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.

The statutes affected by these amendments: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 17, 2017.

TRD-201703185

Gay Dodson, R.Ph.

Executive Director

Texas State Board of Pharmacy

Effective date: September 6, 2017

Proposal publication date: June 16, 2017

For further information, please call: (512) 305-8028