Staff Report with Final Results: Texas State Board of Pharmacy Page: 21
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Sunset Advisory Commission June 2017
on the applicant's failure to comply with previous board orders bolsters
agencies' efforts and ensures that disciplined licensees have fulfilled their
responsibilities regarding safe practices. While the board issues more than
600 disciplinary orders in a typical year, it does not have such authority.
Authorizing the board to deny renewal for noncompliant licensees or
registrants would allow the board to more effectively protect the public.
A nonstandard board enforcement practice could reduce the
agency's effectiveness in protecting the public.
" Underutilization of national disciplinary database. Licensing agencies
should make use of enforcement information shared with national or
federal data banks. All state boards of pharmacy, including the Texas
board, are members of the National Association of Boards of Pharmacy,
which requires that each board enter disciplinary actions against licensees
into the association's national database. The board has authority to query
the database for actions taken against pharmacists by other state boards
but does not currently check the database before renewal. Instead, the
board requires that renewal applicants self-report such actions. Without
checking the database, the board cannot ensure pharmacists are not subject
to enforcement action in another state related to an action that would inhibit
their ability to practice pharmacy. Statute already requires that the board
deny a pharmacist's application for renewal if the pharmacist's license in
another state has been suspended, revoked, canceled, or subject to an action
that prohibits the person from practicing pharmacy.7 Requiring the board
to search the database before renewing pharmacist licenses would ensure
that the board fulfills its statutory obligation to deny renewal in such cases
and would better protect the public by ensuring that licensees meet the
requirements for continued licensure.The board should
use a national
disciplinary
database
to ensure
licensees meet
requirements
for continued
licensure.Recommendations
Change in Statute
2.1 Remove unnecessary qualifications required of applicants for licensure or
registration.
This recommendation would remove the subjective requirement that applicants be found to have good
moral character, ensuring that qualifications for licensure and registration do not overburden applicants
or unreasonably restrict entry into practice. The board would continue to review an applicant's criminal
history to determine the applicant's eligibility for licensure or registration according to requirements in
Chapter 53, Occupations Code and in line with the board's current rules.
2.2 Require the board to create a system of graduated penalties for late renewal of
pharmacy technician registration.
This recommendation would incentivize timely renewal by requiring the board to create a graduated
late renewal penalty structure for pharmacy technicians similar to how pharmacists are currently treated.
Technicians would be charged one and one-half of the normally required renewal fee for renewing
Texas State Board of Pharmacy Staff Report with Final Results
Issue 221
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/m1/45/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.