2005 Texas Occupations Code CHAPTER 552. TEXAS STATE BOARD OF PHARMACY

OCCUPATIONS CODE

CHAPTER 552. TEXAS STATE BOARD OF PHARMACY


	§ 552.001. MEMBERSHIP.  (a) The Texas State Board of 
Pharmacy consists of nine members appointed by the governor with 
the advice and consent of the senate as follows:
		(1)  six members who are pharmacists;  and                                    
		(2)  three members who represent the public.                                  
	(b)  Appointments to the board shall be made without regard 
to the race, color, disability, sex, religion, age, or national 
origin of the appointee.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 for the five years preceding 
appointment;           
		(3)  be in good standing to practice pharmacy in this 
state;  and           
		(4)  be practicing pharmacy in this state.                                    
	(c)  Each person appointed to the board shall, not later than 
the 15th day after the date of appointment, qualify by taking the 
constitutional oath of office.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 by or participates in the management 
of a business entity or other organization regulated by or 
receiving funds from the board;
		(3)  owns or controls, directly or indirectly, more 
than a 10 percent interest in a business entity or other 
organization regulated by or receiving funds from the board;  or
		(4)  uses or receives a substantial amount of tangible 
goods, services, or funds from the board, other than compensation 
or reimbursement authorized by law for board membership, 
attendance, or expenses.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 the board.
	(b)  A person may not be a member of the board if:                             
		(1)  the person is an officer, employee, or paid 
consultant of a Texas trade association in the field of health care;  
or
		(2)  the person's spouse is an officer, manager, or paid 
consultant of a Texas trade association in the field of health care.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1345, § 3, eff. Sept. 1, 2005.


	§ 552.005. TERMS;  VACANCY.  (a) Members of the board are 
appointed for staggered six-year terms.  The terms of three members 
expire 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 a vacancy occurs during a member's term, the governor 
shall appoint a replacement to fill the unexpired term.
	(c)  A board member may not serve more than two consecutive 
full terms.  The completion of the unexpired portion of a full term 
is not service for a full term for purposes of this subsection.
	(d)  A person appointed by the governor to a full term before 
the expiration of the term of the member being succeeded becomes a 
member of the board on the first day of the next state fiscal year 
following the appointment.
	(e)  A person appointed to an unexpired portion of a full 
term becomes a member of the board on the day after the date of 
appointment.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 this section.
	(b)  The training program must provide the person with 
information regarding:
		(1)  this subtitle and the programs, functions, rules, 
and budget of the board;
		(2)  the results of the most recent formal audit of the 
board;              
		(3)  the requirements of laws relating to open 
meetings, public information, administrative procedure, and 
conflicts of interest;  and
		(4)  any applicable ethics policies adopted by the 
board or the Texas Ethics Commission.
	(c)  A person appointed to the board is entitled to 
reimbursement, as provided by the General Appropriations Act, for 
the travel expenses incurred in attending the training program 
regardless of whether the attendance at the program occurs before 
or after the person qualifies for office.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1345, § 4, eff. Sept. 1, 2005.


	§ 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 board considers appropriate and necessary to 
conduct board business.
	(b)  The board's president shall preside at each board 
meeting and is responsible for the performance of the board's 
duties and functions under this subtitle.
	(c)  An officer, other than the president, shall perform the 
duties normally associated with the officer's position and other 
duties assigned to the officer by the board.
	(d)  The term of an officer begins on the first day of the 
state fiscal year following the officer's election and ends on 
election of a successor.
	(e)  A member elected as an officer may not serve more than 
two consecutive full terms in each office to which the member is 
elected.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1345, § 5, eff. Sept. 1, 2005.


	§ 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 appointment to the board;
		(3)  violates a prohibition established by Section 
552.004;                 
		(4)  cannot, because of illness or disability, 
discharge the member's duties for a substantial part of the member's 
term;  or
		(5)  is absent from more than half of the regularly 
scheduled board meetings the member is eligible to attend during a 
calendar year, unless the absence is excused by majority vote of the 
board.
	(b)  If the executive director has knowledge that a potential 
ground for removal exists, the executive director shall notify the 
president of the board of the ground.  The president shall then 
notify the governor that a potential ground for removal exists.
	(c)  The validity of an action of the board is not affected by 
the fact that the action is taken when a ground for removal of a 
board member exists.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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 Appropriations Act.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 1345, § 6, eff. Sept. 1, 2005.


	§ 552.010. MEETINGS.  (a) The board shall meet at least:                    
		(1)  once every four months to transact board business;  
and                
		(2)  twice each year for the examination of applicants.                       
	(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, § 1, eff. Sept. 1, 1999.                    


	§ 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 
conclusion of the deliberation, in open session the board shall 
vote and announce the board's decision relating to the license 
holder.
	(c)  The board may conduct in executive session a 
disciplinary hearing relating to a pharmacist or pharmacy student 
who is impaired because of chemical abuse or mental or physical 
illness.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.                    


	§ 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, § 1, eff. Sept. 1, 1999.