22. EXAMINING BOARDS
15. TEXAS STATE BOARD OF PHARMACY
291. PHARMACIES
A. ALL CLASSES OF PHARMACIES
22 TAC §291.11
The Texas State Board of Pharmacy adopts amendments to §291.11, concerning Operation of a Pharmacy. These amendments are adopted without changes to the proposed text as published in the April 2, 2021, issue of the Texas Register (46 TexReg 2144). The rule will not be republished.
The amendments correct citation references and a short title reference.
No comments were received.
The amendments are adopted under §§551.002 and 554.051 of the Texas Pharmacy Act (Chapters 551 - 569, Texas Occupations Code). The Board interprets §551.002 as authorizing the agency to protect the public through the effective control and regulation of the practice of pharmacy. The Board interprets §554.051(a) as authorizing the agency to adopt rules for the proper administration and enforcement of the Act.
The statutes affected by this adoption: Texas Pharmacy Act, Chapters 551 - 569, Texas Occupations Code.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on May 20, 2021.
TRD-202102031
Allison Vordenbaumen Benz, R.Ph., M.S.
Executive Director
Texas State Board of Pharmacy
Effective date: June 9, 2021
Proposal publication date: April 2, 2021
For further information, please call: (512) 305-8010
291.11. Operation of a Pharmacy.
(a) For the purposes of §565.002(a)(7) §565.002(7) of the Texas Pharmacy Act, the following words and terms shall be defined as follows.
(1) "Failure to engage in the business described in the application for a license" means the holder of a pharmacy license has not commenced operating the pharmacy within six months of the date of issuance of the license.
(2) "Ceased to engage in the business described in the application for a license" means the holder of a pharmacy license, once it has been in operation, discontinues operating the pharmacy for a period of 30 days or longer unless the pharmacy experiences a fire or disaster, in which case the pharmacy must comply with §291.3(g) §291.3(f) of this title (relating to Required Notifications).
(b) For the purposes of this section, the term "operating the pharmacy" means the pharmacy shall demonstrate observable pharmacy business activity on a regular, routine basis, including a sufficient number of transactions of receiving, processing, or dispensing prescription drug orders or medication drug orders.
(c) No person may operate a pharmacy in a personal residence.