Staff Report with Final Results: Texas State Board of Pharmacy Page: 19
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ISSUE 2
Key Elements of the Texas State Board of Pharmacy's Statute Do Not
Conform to Common Licensing Standards.
Background
The Texas State Board of Pharmacy's mission is to protect public health, safety, and welfare by ensuring
the provision of quality pharmaceutical care. Under the Pharmacy Act, only a licensed pharmacist working
in a licensed pharmacy can dispense prescription drugs. 'The board accomplishes its mission by licensing
pharmacies and pharmacists, registering pharmacy technicians and trainees, enforcing board regulations,
and taking disciplinary action when necessary. In fiscal year 2015, the board regulated 7,914 pharmacies,
31,807 pharmacists, 3,725 interns, 41,990 pharmacy technicians, and 18,777 technician trainees.
The Sunset Advisory Commission has a historic role in evaluating licensing agencies, as the increase of
occupational licensing programs served as an impetus for the creation of the commission in 1977. Since
then, the Sunset Commission has completed more than 100 licensing agency reviews. Sunset staff has
documented standards in reviewing licensing programs to guide future reviews of licensing agencies.
While these standards provide a guide for evaluating a licensing program's structure, they are not intended
for blanket application. The following material highlights areas where the board's statute and rules differ
from these model standards, and describes the potential benefits of conforming to standard practices.
Findings
Licensing provisions of the board's statute do not follow
model licensing practices and could potentially affect the fair
treatment of licensees and registrants." Subjective qualification for licensure and registration. Qualifications for
licensure or registration should not overburden applicants or unreasonably
restrict entry into practice. Currently, statute requires applicants for licensure
or registration be of "good moral character."1 Good moral character is a
subjective, vague requirement that may be determined inconsistently. The
board recognizes the good moral character requirement is subjective and
overly broad, and instead reviews applicants' criminal history, only denying
licensure or registration for criminal history related to the practice of
pharmacy in accordance with Chapter 53 of the Occupations Code, which
governs how licensing agencies should use criminal history information.2
Removing the statutory requirement that applicants be of good moral
character would be in line with the board's current practice of reviewing
criminal history before granting a license or registration and would ensure
that, going forward, all qualifications for licensure or registration remain
related to the practice of pharmacy and do not unreasonably restrict entry
into practice.
" Unnecessary renewal form requirements. Renewal forms should be
simple, straightforward, and only require information necessary for theQualifications for
licensure should
not unreasonably
restrict entry
into practice.Texas State Board of Pharmacy Staff Report with Final Results
Issue 219
Sunset Advisory Commission
June 2017
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Ogle, Steven; Schiff, Tamara; Hartley, Cee & Teleki, Katharine. Staff Report with Final Results: Texas State Board of Pharmacy, report, June 2017; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1033475/m1/43/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.