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Texas State Board of Pharmacy
Agency News - June 2021

Incoming Executive Director/Secretary

 

Executive Director/Secretary Allison Vordenbaumen Benz, R.Ph., M.S. is retiring after 27 years of dedicated service to the Texas State Board of Pharmacy (TSBP).

Allison has been with TSBP since 1994. She served six years as Senior Enforcement Officer, three years as Assistant Director of Enforcement, and was the Director of Professional Services for fourteen years before serving in her role as Executive Director.

We will miss her deeply and are grateful for her years of service to the practice of pharmacy in Texas, and for her dedication to the Board and its mission to promote, preserve, and protect the citizens of Texas.

TSBP is pleased to announce that Tim Tucker, Pharm.D., has been selected by the Board to serve as the next Executive Director/Secretary. The Board approved Dr. Tucker’s selection by committee at the May 28, 2021 Board Business Meeting, and his tenure as Executive Director/Secretary will begin on September 1, 2021.

Dr. Tucker comes to TSBP with decades of experience as a pharmacist in multiple pharmacy settings and with a long history of service to the practice of pharmacy.

Tim TuckerDr. Tucker served a six-year term on the Tennessee Board of Pharmacy and has held membership and leadership positions across multiple pharmacy-related organizations, including the American Pharmacists Association, the Tennessee Pharmacists Association, the National Association of Boards of Pharmacy, the Society of Independent Pharmacists, and many more. He also served on the Accreditation Council for Pharmacy Education for over seven years.

Dr. Tucker received a Doctor of Pharmacy degree from the University of Tennessee in 1988 and a Bachelor of Science degree in Chemistry from Union University in 2002.

Read the original press release here.

 

FDA authorizes extension for shelf-life of refrigerated 
Janssen (Johnson & Johnson) COVID-19 vaccine


On June 10, 2021, the U.S. Food & Drug Administration (FDA) authorized the request to extend the shelf-life of the Janssen (Johnson & Johnson) COVID-19 vaccine.

Under proper storage conditions, the shelf-life has been extended from 3 months to 4.5 months.

Read Johnson & Johnson's statement on the extension here and details from FDA here

 

ENFORCEMENT & COMPLIANCE 
REMINDERS

 

Filling out-of-state Schedule II
controlled substance prescriptions


Pharmacists often ask if they can fill an out-of-state Schedule II controlled substance prescription, especially in the instance of an electrically transmitted prescription, i.e., a prescription received via e-prescribing, by an out-of-state prescriber.

The manner that the prescription is issued does not change the requirement for the dispensing pharmacy to have a Schedule II plan in place and approved by the Board in order to dispense an out-of-state Schedule II prescription.

To learn more about implementing a Schedule II plan for a pharmacy, email texaspmp@pharmacy.texas.gov or contact us at 512-305-8050.
 
Applicable Board rule and Texas Controlled Substance Act sections are as follows:

Board rule 315.9(a):
(a) A Schedule II controlled substance prescription issued by a practitioner in another state not on the board's official prescription form may be dispensed if:
  (1) the practitioner is authorized by the other state to prescribe the substance;
  (2) the pharmacy has a plan approved by and on file with the board allowing the activity; and
  (3) the pharmacy processes and submits the prescription according to the reporting requirements approved in the plan.

The corresponding law is found in the Texas Health and Safety Code, Section 481.075(m)(3):
(m)  A pharmacy in this state may fill a prescription for a controlled substance listed in Schedule II issued by a practitioner in another state if:
   (1)  a share of the pharmacy's business involves the dispensing and delivery or mailing of controlled substances;
   (2)  the prescription is issued by a prescribing practitioner in the other state in the ordinary course of practice; and
   (3)  the prescription is filled in compliance with a written plan providing the manner in which the pharmacy may fill a Schedule II prescription issued by a practitioner in another state that:
        (A)  is submitted by the pharmacy to the board; and
        (B)  is approved by the board.

Read Board rule 315.9 here and Texas Health and Safety Code, Section 481.075 here
 

Written notice on locations where Schedule II controlled substance prescription drugs are accepted for safe disposal


The Texas Controlled Substances Act and Board rules specify that pharmacists must provide written notice on the safe disposal of controlled substance prescription drugs that includes information on locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal.

As an alternative to providing a list of those locations, pharmacists may provide the address of a website specified by the Board (the Board currently lists the DEA's Diversion Control Division's resource page) that provides a searchable database of locations at which Schedule II controlled substance prescription drugs are accepted for safe disposal. The written notice may be provided to the patient in an electronic format, such as by e-mail, if the patient or patient's agent requests such a format and the request is documented. 
 
Such written notice is not required if at the time of dispensing of the Schedule II controlled substance prescription drug and at no cost to the patient:
  • the controlled substance prescription drug is dispensed at a pharmacy that is authorized to take back those drugs and regularly accepts those drugs for safe disposal (i.e., pharmacy is registered with DEA as an Authorized Collector); or
  • the pharmacist provides the patient or patient’s agent with either a mail-in pouch for surrendering unused controlled substance prescription drugs, or chemicals to render any unused drugs unusable or non-retrievable.
Read the complete requirements for the written notice in Board rule 315.3.
 

REMINDER:
Prescribing and monitoring controlled substances
CE requirement for pharmacists


REMINDER: Pharmacists are required to obtain at least two hours of CE related to prescribing and monitoring controlled substances before September 1, 2021.


What is this requirement?


Per Board rule 295.8, pharmacists are required to complete at least 2 hours of CE "related to approved procedures of prescribing and monitoring controlled substances" (295.8(d)(1)(C)).

The hours must be:
  • Obtained by September 1, 2021* and
  • Reported on the next renewal after September 1, 2021
*NOTE: Pharmacists licensed on or after September 1, 2020 must complete this requirement not later than the first anniversary (i.e., within the first twelve months) of his or her licensure.

What courses may be counted toward this requirement?

Any course that is considered an approved program type as outlined by Board rule 295.8 (i.e., ACPE, AMA PRA Category 1 CME, etc.) wherein the primary focus of the course is prescribing and monitoring controlled substances may be counted toward meeting this requirement. Most opioid- and controlled substances-related programs would likely count, provided they are also related to approved procedures for prescribing and monitoring controlled substances as outlined by 295.8.

Read more about this specific requirement on our website here and visit our main pharmacist CE information page here.

 


 

BOARD MEETINGS


Upcoming Board Meeting - August 3, 2021


TSBP Board Meetings are open to the public, and interested parties are encouraged to attend.*

Details of the upcoming meeting are as follows:

Date: August 3, 2021

Time: 9:00 a.m. – Conclusion

Location: Virtual Meeting (meeting link and additional information will be posted on the agenda)

Agenda Materials: Posted here when available

Live Stream Information: TSBP is now live streaming meetings. See this page for details.

*PLEASE NOTE: Due to the nature of remote meetings, TSBP will not be able to provide continuing education credit for this meeting since attendance cannot be verified.

RESOURCES

 
COVID-19 Resources for Pharmacy Professionals

TSBP regularly updates pharmacy-related COVID-19 information on our website. Visit us at www.pharmacy.texas.gov/coronavirus for more information and to see the latest updates.
Can you recognize non-therapeutic dispensing?

Failure of pharmacies and pharmacists to detect patterns of inappropriate dispensing of prescription drugs is unprofessional practice and constitutes grounds for disciplinary action. Visit our website here for resources to help you recognize and prevent non-therapeutic dispensing in your pharmacy.
Continuing Education (CE) Opportunities with TSBP

The Texas State Board of Pharmacy strives to bring additional learning opportunities to pharmacy professionals as the profession grows. TSBP offers several CE opportunities for pharmacists and pharmacy technicians, with more to be added throughout the year. Take a look at our CE offerings on our catalog page here.

Stay Connected with TSBP


As a licensing and regulatory agency, we want to make sure you get the information you need to practice pharmacy with the most accurate, up-to-date information possible, especially in such unprecedented times.

Here are some resources to help you keep connected with TSBP:

HELP IS AVAILABLE
Do you know a pharmacist with any of the following symptoms?
  • Depressed
  • Drinking alcohol in more than moderate amounts
  • Abusing drugs
  • Has a physical or mental impairment
  • Not practicing pharmacy in a manner that is in the public’s interest
If you do, please give the Texas Pharmacy Association’s Professional Recovery Network (PRN) an opportunity to help. All calls are kept strictly confidential.
 
For information, visit the PRN website HERE or call the toll free Help Line: 1 (800) 727-5152

Upcoming Board Meetings

August 3, 2021
9 am, Board Business Meeting

November 2, 2021
9 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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