Staff Report with Final Results: Texas State Board of Pharmacy Page: A1
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FINAL RESULTS
House Bill 2561
Summary
During the review of the Texas State Board of Pharmacy, the Sunset Commission found an effective,
well-run agency. Keenly aware of the prescription drug abuse epidemic facing the country, the commission
focused on improving the board's recently transferred Prescription Monitoring Program, the state's key
tool for keeping track of all controlled substance prescriptions. House Bill 2561 implements several
national best practices for the Prescription Monitoring Program, including requirements for pharmacists
to enter data more quickly and to check the database before dispensing the most high-risk drugs. House
Bill 2561 also requires prescribers such as doctors and nurses, and licensing boards such as the medical,
dental, and nursing boards to more proactively use the system, as described in more detail in the separate
Sunset reports on those agencies.
House Bill 2561 contains additional recommendations by the Sunset Commission to improve the pharmacy
board's licensing and enforcement processes and to update standard good government provisions for
board member training, negotiated rulemaking, and alternative dispute resolution. Essential to public
safety, the bill also continues the agency for 12 years.
The following material summarizes results of the Sunset review of the Texas State Board of Pharmacy,
including management actions directed to the agency that do not require legislative action.
ISSUE 1 - Prescription Monitoring Program
Recommendation 1.1, Modified - Require the pharmacy board to develop red flag indicators for
potentially harmful prescribing patterns or patient activity, and beginning January 1, 2018, require
pharmacists to check the Prescription Monitoring Program (PMP) database before dispensing when
these red flag circumstances exist. Then, beginning in 2019, require pharmacists to search the Prescription
Monitoring Program database before dispensing any prescription for certain controlled substances, with
certain exemptions. Finally, clarify that pharmacists have the exclusive authority to determine whether
or not to dispense.
Recommendation 1.2, Adopted - Beginning September 1,2017, require pharmacists to enter dispensing
information in the Prescription Monitoring Program database within one business day of dispensing
controlled substances.
Recommendation 1.3, Modified - Authorize the board to send PMP push notifications to proactively
notify practitioners of suspicious activity and to set related thresholds, and require the board to copy
licensing agencies when sending push notifications to practitioners.
Recommendation 1.4, Adopted - Direct the board to create PMP delegate accounts for pharmacy
technicians. (Management action - nonstatutory)
Recommendation 1.5,Adopted - Direct the board to work with vendors and stakeholders to integratethe Prescription Monitoring Program with pharmacy dispensing software. (Management action -
nonstatutory)
Texas State Board of Pharmacy Staff Report with Final Results
Final Results ASunset 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/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.