Staff Report with Final Results: Texas State Board of Pharmacy Page: 20
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June 2017 Sunset Advisory Commission
Currently, the
board's late fees
are more punitive
for pharmacy
technicians than
pharmacists.The board lacks
clear statutory
authority for
its technician
continuing
education rules.board to determine the applicant's eligibility for renewal. The board's
renewal forms for pharmacy licenses require a notarized signature, an
unnecessary burden to license renewal that adds no value to the renewal
process. State law already prohibits a person from knowingly making a
false entry in a government record.3 Removing the requirement that a
licensee obtain a notarized signature for renewal would lessen the burden
on licensees without reducing the board's ability to determine a licensee's
eligibility for renewal.
" Inconsistent, overly punitive late renewal penalties. Penalties for late
renewal of registration should provide an incentive to renew on time but
should not be overly punitive. Currently, the board's late fees are more
punitive for pharmacy technicians than pharmacists. While pharmacists
may pay graduated late fees based on how many days late they submit their
renewal, pharmacy technicians receive no such flexibility and must pay
twice the registration fee, regardless of how late they renew.4 Assessing a
graduated penalty for pharmacy technicians who renew their registration
late would encourage timely renewal and ensure equal treatment of all
regulated individuals.
" Insufficient statutory authority for the board to delegate tasks. An
agency's enabling legislation should be consistent with the agency's
actual operations. The board's statute does not explicitly authorize the
policymaking body to delegate tasks to the executive director, but the board
delegates some routine activities to the director, including signing consent
orders, a practice that improves efficiency. Other healthcare professional
licensing agencies, including the Texas Medical Board and the Texas State
Board of Dental Examiners, have explicit statutory authority to delegate
certain tasks to the executive director. Allowing the board to delegate the
signing of certain disciplinary orders to the director would increase the
board's efficiency and ensure consistency between statutory authority and
agency practices.
" Insufficient statutory authority for continuing education requirements
for pharmacy technicians. To adequately protect the public, practitioners
must have a working knowledge of recent developments and techniques
in their profession. Continuing education provides a proven means of
ensuring practitioners remain competent. Statute requires the board
to develop continuing education requirements for pharmacists, but not
for pharmacy technicians.5 Board rules require pharmacy technicians to
complete a set number of continuing education hours before renewing their
registration every two years, but the board lacks clear statutory authority for
these rules.6 Clearly requiring the board to develop continuing education
requirements for pharmacy technicians in statute would ensure technicians
remain educated on changing developments in their field and would create
consistency between board statute and rules." No statutory authority to deny renewal applications for noncompliant
licensees or registrants. The authority to deny license renewals based
2 O Texas State Board of Pharmacy Staff Report with Final Results
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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/m1/44/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.