Staff Report with Final Results: Texas State Board of Pharmacy Page: 28
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June 2017 Sunset Advisory Commission
The majority of
states, including
Texas, regulate
the practice
of pharmacy
through
independent
agencies overseen
by independent
pharmacy
boards.this is somewhat linked to the Board of Pharmacy's mission to regulate
the practice of pharmacy, the regulation of practitioners with prescribing
authority is significantly different than the regulation of the dispensing
of pharmaceuticals. In addition, the Medical Board's structure would
require significant adjustment to accommodate a healthcare practice such
as pharmacy.
Most states regulate pharmacies, pharmacists, and pharmacy
technicians through independent agencies, like Texas.
All states regulate the practice of pharmacy and pharmacy facilities. The
chart, Regulation of Pharmacy in the United States, describes the organizational
approach to pharmacy regulation in the 50 states. A large majority of states -
31 including Texas - regulate the practice of pharmacy through independent
state agencies overseen by independent pharmacy boards. Fifteen states regulate
pharmacy through general umbrella licensing agencies, and only three states
regulate pharmacies through health professions regulatory agencies. In addition,
44 states, including Texas, also regulate pharmacy technicians.
Regulation of Pharmacy in the United States
Independent AL, AK, AZ, AR, CA, DE, ID, IA, KS, KY, LA, MD, MN, MS, MO, MT, NV, NH, (31
Agency NJ, NM, NC, ND, OH, OK, OR, SD, TX, VT, VA, WV, WY
General Umbrella CO, CT, GA, HI, IL, IN, ME, MA, MI, NY, $6
Licensing Agency PA, SC, TN, UT, WA, WI
Health Professions FL,
Agency RIThe board's statute does not reflect standard language typically
applied across-the-board during Sunset reviews.
The Sunset Commission has developed a set of standard recommendations
that it applies to all state agencies reviewed unless an overwhelming reason
exists not to do so. These across-the-board recommendations (ATBs) reflect
an effort by the Legislature to place policy directives on agencies to prevent
problems from occurring, instead of reacting to problems after the fact. ATBs
are statutory administrative policies adopted by the Sunset Commission that
contain "good government" standards for state agencies. The ATBs reflect
review criteria contained in the Sunset Act designed to ensure open, responsive,
and effective government.
The board's statute does not include a standard provision relating to alternative
rulemaking and dispute resolution that the commission routinely applies to
agencies under review. This provision helps improve rulemaking and dispute
resolution through more open, inclusive, and conciliatory processes designed
to solve problems by building consensus rather than through contested cases.
2 8 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/m1/52/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.