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Texas State Board of Pharmacy
Quarterly Update

Agency News & May 5, 2020 Board Meeting Review

TSBP Issues COVID-19 Guidance Statements


The Texas State Board of Pharmacy has issued the following guidance statements regarding prescriptions issued for hydroxychloroquine and dispensing drugs in compliance with Emergency Board Rule 291.30:
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In response to several news stories with regard to prescriptions issued for Hydroxychloroquine, the Texas State Board of Pharmacy issues the following statement:

Physicians are responsible for making a diagnosis and prescribing medications to treat their patients. Pharmacists have a corresponding responsibility and use professional judgement when dispensing a prescription. Obtaining the diagnosis from the prescriber when dispensing a prescription by the pharmacist is not a violation of HIPAA.

In addition, the Texas State Board of Pharmacy has issued the following guidance with regard to dispensing drugs in compliance with Emergency Board Rule 291.30:

The rule does not prevent a physician from prescribing one of these drugs for an off-label use. The intended use for the drug is not required if the practitioner determines the furnishing of this information is not in the best interest of the patient in accordance with Board rule 291.34 (b)(7).

The intent of board rule 291.30 is to prevent the stockpiling of the drugs and to ensure that reasonable quantities are available for ALL patients that require therapy with the drugs, including patients with a COVID-19 diagnosis.

It was not the board’s intent to hinder the use of the drugs by patients who are in need of drug therapy, but rather to prevent unreasonable quantities that would otherwise be representative of hoarding or stockpiling tactics.

In addition, the rule does not apply to a prescription issued for a patient already established on the medication (e.g., prescription to treat rheumatoid arthritis or lupus for already established patients).

The board’s overall intent is to protect and serve the citizens of Texas, to give guidance to pharmacists so that they are able to use their professional judgement and work collaboratively within the healthcare team to ensure Texans are able to receive appropriate care while we are all navigating through the COVID crisis.

 
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Visit our COVID-19 resource page here for additional news and resources: https://www.pharmacy.texas.gov/coronavirus/
 

CONSUMER ALERT: AG Paxton Warns of Scammers Impersonating Government Entities


The Texas OAG released a notice May 7, 2020 regarding scammers posing as state agencies to solicit money from consumers.

From the release:
 
There are variations of this scam, such as local law enforcement contacting you with a warrant, agencies asking for donations, back taxes or fines, or asking for your personal information to either confirm innocence or receive a payment. Government agencies do not email or call individuals with financial solicitations. Consumers are advised to keep their personal information private and, if contacted by someone claiming to represent a government agency, go to its official website and find a legitimate phone number to confirm.

Remember that TSBP staff does NOT request your personal information in unsolicited phone calls. TSBP will NEVER request money or bank account information in a phone call. You may report information on telephone scammers to the Texas OAG.

Read the complete Texas OAG release here and learn more about reporting scammers here.

 

Adopted and Proposed Rules


Several TSBP Board Rules were adopted and proposed during the Board Meeting on May 5, 2020. You may view a summary of the adopted and proposed rules here.

NOTE: TSBP now has a location on the website where you can monitor adopted and proposed rule changes. Please note that rule changes are not reflected immediately after a Board Meeting, but are posted as they become available in the Texas Register. For more information, click here
 

Disciplinary Action Summaries & Remedial Plans


Click here to view the disciplinary action summaries discussed and/or entered at the May 5, 2020 Board Meeting.

Click here to view the remedial plans discussed and/or entered at the May 5, 2020 Board Meeting.

  
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PLEASE NOTE: After the Board obtains evidence of alleged violations, a licensee is sent a preliminary notice letter of the Board’s intent to institute disciplinary action. The licensee then has an opportunity to show compliance with the law in an informal conference with a Board panel. If the licensee cannot show compliance with the law and desires to dispose of any pending allegations, the licensee may consent to the entry of an Agreed Board Order. It should be noted that while there is agreement on the part of the licensee to the entry of an Agreed Board Order, there is neither admission nor denial of guilt with respect to any matters that have come to the attention of the Board. If a licensee, or the Board, does not agree to terms of the Agreed Board Order, or if the licensee does not wish an informal conference, a disciplinary hearing is scheduled before an Administrative Law Judge from the Office of Administrative Hearings. The Administrative Law Judge, after hearing all evidence in the matter, will make a recommendation to the Board for action to be taken. The Board then makes a decision in the case, which is documented by the entry of a Board Order. On the finding of the existence of grounds for discipline of a licensee, the Board may suspend, revoke, restrict, fine, refuse to issue or renew, probate, reprimand, cancel, or retire a license. Although every effort is made to ensure that the above information is correct, you should submit an open records request through Board’s office here to confirm the accuracy of the listing before making any decision based upon this information. 
 

Continuing Education (CE) Opportunities with TSBP



ONLINE COURSES:
The Texas State Board of Pharmacy strives to bring additional learning opportunities to pharmacy professionals as the profession grows. TSBP has recently updated existing course content and will add more online course opportunities throughout the year. You can take a look at our complete CE offerings on our catalog page here


ATTEND A BOARD MEETING:
You can also earn three (3) hours of CE credit for attending a Texas State Board of Pharmacy Board Meeting*. CE credit earned at Board Meetings meets the Texas-specific pharmacy law CE requirement. Attendance is encouraged for all interested parties.

Board Meetings are held at our physical address unless otherwise noted. Our address is as follows:
 
William P. Hobby Building
333 Guadalupe Street
Austin, TX 78701

 
You do not need to make a reservation or notify the Board of your attendance beforehand. Simply arrive a little bit before the meeting so you have time to sign in at the front desk as a visitor, then make your way to the meeting location. Meetings are usually held in conference room 2-225 unless otherwise noted*. Sign in on the CE attendance sheet at the meeting location, then stay for the duration of the meeting to receive credit.

Board Meeting dates and start times are listed below under Upcoming Events, along with a link to the agenda page. Agendas are posted approximately one week before the Board Meeting, so check back as the date approaches.

*In the event a Board meeting is conducted remotely, CE credit cannot be awarded since attendance cannot be verified.

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The Texas State Board of Pharmacy is committed to providing exceptional customer service for all of our customers. Please take a moment to complete our customer service survey here:
www.survey.utexas.edu/tsbp 

Thank you in advance for your time and opinion.

Upcoming Events

August 4, 2020
9:00 am, Board Business Meeting

November 3, 2020
9:00 am, Board Business Meeting


Board meeting agendas can always be found on our website here as each meeting date approaches and the agenda becomes available.
 
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