Title OC, Occupations Code

Sec. 507.301. DISCIPLINARY ACTIONS. (a) The executive council may deny, revoke, suspend, or refuse to renew a license or may reprimand a license holder if the applicant or license holder violates: (1) this chapter; (2) a law of this state regulating the license holder's professio…

Sec. 507.302. TEMPORARY SUSPENSION. (a) The executive council or a three-member committee of executive council members designated by the executive council shall temporarily suspend the license of a license holder if the executive council or committee determines from the evidence …

Sec. 507.303. HEARING; ADMINISTRATIVE PROCEDURE. (a) A license holder is entitled to a hearing before the State Office of Administrative Hearings before a sanction is imposed under this subchapter. (b) A proceeding under this subchapter is governed by Chapter 2001, Government Cod…

Sec. 507.304. SCHEDULE OF SANCTIONS. (a) The executive council by rule shall adopt a broad schedule of sanctions. (b) The State Office of Administrative Hearings shall use the schedule for any sanction imposed under this subchapter as the result of a hearing conducted by that off…

Sec. 507.305. INFORMAL PROCEEDINGS. (a) The executive council by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal proceeding held in compliance with Section 2001.054, Government Code. …

Sec. 507.306. ASSISTANCE IN DISCIPLINARY PROCEEDINGS. (a) The executive council shall adopt rules establishing the manner in which the executive council will solicit input from and request the assistance of the applicable board for a profession regulated by the executive council,…

Sec. 507.351. IMPOSITION OF ADMINISTRATIVE PENALTY. The executive council may impose an administrative penalty on a person licensed or regulated by the executive council if the person violates this chapter, a law regulating the applicable profession, or an executive council rule.…

Sec. 507.352. AMOUNT OF PENALTY. (a) The amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (b) The amount of the penalty must be based on: (1) the seri…

Sec. 507.353. NOTICE OF VIOLATION AND PENALTY. If the executive council determines that a violation occurred, the executive council shall give written notice of the violation to the person alleged to have committed the violation. The notice may be given by certified mail. The not…

Sec. 507.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice under Section 507.353, the person may in writing: (1) accept the executive council's determination and recommended administrative penalty; or (2) r…

Sec. 507.355. HEARING. (a) If the person requests a hearing or fails to respond in a timely manner to the notice under Section 507.353, the executive council shall set a hearing and give written notice of the hearing to the person. (b) An administrative law judge of the State Off…

Sec. 507.356. DECISION BY EXECUTIVE COUNCIL. (a) Based on the findings of fact, conclusions of law, and proposal for a decision, the executive council by order may determine that: (1) a violation occurred and impose an administrative penalty; or (2) a violation did not occur. (b)…

Sec. 507.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) Not later than the 30th day after the date the executive council's order becomes final, the person shall: (1) pay the administrative penalty; or (2) file a petition for judicial review contesting the occurrence of the v…

Sec. 507.358. COLLECTION OF PENALTY. If the person does not pay the administrative penalty and enforcement of the penalty is not stayed, the executive council may refer the matter to the attorney general for collection of the penalty. Added by Acts 2019, 86th Leg., R.S., Ch. 768 …

Sec. 507.359. DETERMINATION BY COURT. (a) If the court sustains the determination that a violation has occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty. (b) If the court does no…

Sec. 507.360. REMITTANCE OF PENALTY AND INTEREST. (a) If, after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1) order that the appropriate amount, plus accrued interest, be remitted to the …

Sec. 507.361. ADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code. Added by Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 1.001, eff. September 1, 2019. SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 507.401. INJUNCTION. (a) In addition to any other action authorized by law, the executive council may institute an action to enjoin a violation of this chapter, a law regulating the applicable profession, or an executive council rule. (b) An action filed under this section m…

Sec. 507.402. CIVIL PENALTY. (a) A person who violates this chapter, a law regulating the applicable profession, or an executive council rule is liable to the state for a civil penalty not to exceed $1,000 for each day of violation. (b) At the request of the executive council, th…

Sec. 507.403. CEASE AND DESIST ORDER. (a) If it appears to the executive council that an unlicensed person is violating this chapter, a law regulating the applicable profession, or an executive council rule, the executive council, after notice and opportunity for a hearing, may i…

Sec. 507.404. MONITORING OF LICENSE HOLDER. The executive council by rule shall develop a system to monitor a license holder's compliance with applicable laws and executive council rules. Rules adopted under this section must include procedures to: (1) monitor for compliance a li…

Sec. 551.001. SHORT TITLE. This subtitle may be cited as the Texas Pharmacy Act. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 583 (S.B. 869), Sec. 2, eff. June 14, 2013.

Sec. 551.002. LEGISLATIVE DECLARATION; PURPOSE. (a) This subtitle shall be liberally construed to regulate in the public interest the practice of pharmacy in this state as a professional practice that affects the public health, safety, and welfare. (b) It is a matter of public in…

Sec. 551.003. DEFINITIONS. In Chapters 551-566: (1) "Administer" means to directly apply a prescription drug to the body of a patient by any means, including injection, inhalation, or ingestion, by: (A) a person authorized by law to administer the drug, including a practitioner o…

Sec. 551.004. APPLICABILITY OF SUBTITLE. (a) This subtitle does not apply to: (1) a practitioner licensed by the appropriate state board who supplies a patient of the practitioner with a drug in a manner authorized by state or federal law and who does not operate a pharmacy for t…

Sec. 551.005. APPLICATION OF SUNSET ACT. The Texas State Board of Pharmacy is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subtitle expires September 1, 2033. Acts 1999, 76th…

Sec. 551.006. EXCLUSIVE AUTHORITY. Notwithstanding any other law, a pharmacist has the exclusive authority to determine whether or not to dispense a drug. Added by Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 9, eff. September 1, 2017.

Sec. 551.008. PROHIBITION ON RULE VIOLATING SINCERELY HELD RELIGIOUS BELIEF. (a) All rules, regulations, or policies adopted by the board may not violate Chapter 110, Civil Practice and Remedies Code. (b) A person may assert a violation of Subsection (a) as an affirmative defense…

Sec. 552.001. MEMBERSHIP. (a) The Texas State Board of Pharmacy consists of 11 members appointed by the governor with the advice and consent of the senate as follows: (1) seven members who are pharmacists; (2) one member who is a pharmacy technician; and (3) three members who rep…

Sec. 552.002. QUALIFICATIONS. (a) The board must include representation for pharmacists who are primarily employed in Class A pharmacies and Class C pharmacies. (b) A pharmacist board member must, at the time of appointment: (1) be a resident of this state; (2) have been licensed…

Sec. 552.003. PUBLIC MEMBERSHIP ELIGIBILITY. A person is not eligible for appointment as a public member of the board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is employed …

Sec. 552.004. MEMBERSHIP RESTRICTIONS. (a) A person may not be a member of the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of t…

Sec. 552.005. TERMS; VACANCY. (a) Members of the board are appointed for staggered six-year terms, with either three or four members' terms, as applicable, expiring every other year at midnight on the last day of the state fiscal year in the last year of the member's term. (b) If…

Sec. 552.006. BOARD MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with thi…

Sec. 552.007. OFFICERS. (a) The governor shall designate a member of the board as the president of the board to serve in that capacity at the pleasure of the governor. The board shall elect from its members for one-year terms a vice president, treasurer, and other officers the bo…

Sec. 552.008. GROUNDS FOR REMOVAL. (a) It is a ground for removal from the board that a member: (1) does not have at the time of appointment the qualifications required for appointment to the board; (2) does not maintain during service on the board the qualifications required for…

Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of the board is entitled to a per diem set by legislative appropriation for each day the member engages in board business. (b) A member is entitled to reimbursement for travel expenses as prescribed by the General Appropriati…

Sec. 552.010. MEETINGS. (a) The board shall meet at least once every four months to transact board business. (b) The board may meet at other times at the call of the board's president or two-thirds of the board's members. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.…

Sec. 552.011. EXECUTIVE SESSION. (a) The board may, in accordance with Chapter 551, Government Code, conduct a portion of a board meeting in executive session. (b) The board may conduct in executive session a deliberation relating to discipline of a license holder. At the conclus…

Sec. 552.012. QUORUM; VALIDITY OF BOARD ACTION. Except when a greater number is required by this subtitle or by board rule, an action of the board must be by a majority of a quorum. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 553.001. EXECUTIVE DIRECTOR. The board shall employ an executive director. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 553.002. QUALIFICATIONS OF EXECUTIVE DIRECTOR. The executive director must be a pharmacist. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 553.003. GENERAL DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director is an ex officio member of the board without vote. (b) The executive director is a full-time employee of the board and shall: (1) serve as secretary to the board; (2) perform the regular administrative…

Sec. 553.004. PERSONNEL. The board may employ persons in positions or capacities the board considers necessary to properly conduct the board's business and fulfill the board's responsibilities under this subtitle. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 553.005. EMPLOYEE RESTRICTIONS. (a) A person may not be an employee of the board employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Lab…

Sec. 553.006. POSSESSION BY EMPLOYEE OF REGULATED SUBSTANCE. A board employee may possess a dangerous drug or controlled substance when acting in the employee's official capacity. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.