2005 Texas Occupations Code CHAPTER 556. ADMINISTRATIVE INSPECTIONS AND WARRANTS

OCCUPATIONS CODE

CHAPTER 556. ADMINISTRATIVE INSPECTIONS AND WARRANTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 556.001. DEFINITION.  In this chapter, "facility" means 
a place:        
		(1)  for which an application has been made for a 
pharmacy license under this subtitle;
		(2)  at which a pharmacy licensed under this subtitle 
is located;           
		(3)  at which a pharmacy is being operated in violation 
of this subtitle;  or
		(4)  where the practice of pharmacy occurs.                                   

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

SUBCHAPTER B. INSPECTIONS


	§ 556.051. AUTHORIZATION TO ENTER AND INSPECT.  The board 
or a representative of the board may enter and inspect a facility 
relative to the following:
		(1)  drug storage and security;                                               
		(2)  equipment;                                                               
		(3)  components used in compounding, finished and 
unfinished products, containers, and labeling of any item;
		(4)  sanitary conditions;  or                                                 
		(5)  records, reports, or other documents required to 
be kept or made under this subtitle, Chapter 481 or 483, Health and 
Safety Code, or the Comprehensive Drug Abuse Prevention and Control 
Act of 1970 (21 U.S.C. Section 801 et seq.) or rules adopted under 
one of those laws.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 28, § 2, eff. Sept. 1, 2005.


	§ 556.052. REQUIREMENTS BEFORE ENTRY AND INSPECTION.  (a) 
Before an entry and inspection of the facility, the person 
authorized to represent the board must:
		(1)  state the purpose for the inspection;  and                               
		(2)  present to the owner, pharmacist, or agent in 
charge of the facility:  
			(A)  appropriate credentials;  and                                           
			(B)  written notice of the authority for the 
inspection.                   
	(b)  If an inspection is required by or is supported by an 
administrative inspection warrant, the warrant is the notice for 
purposes of Subsection (a)(2)(B).

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


	§ 556.053. EXTENT OF INSPECTION.  Except as otherwise 
provided in an inspection warrant, the person authorized to 
represent the board may:
		(1)  inspect and copy documents, including records or 
reports, required to be kept or made under this subtitle, Chapter 
481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse 
Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.) 
or rules adopted under one of those laws;
		(2)  inspect, within reasonable limits and in a 
reasonable manner, a facility's storage, equipment, security, 
prescription drugs or devices, components used in compounding, 
finished and unfinished products, or records;  or
		(3)  perform an inventory of any stock of prescription 
drugs or devices, components used in compounding, or finished and 
unfinished products in a facility and obtain samples of those 
substances.

Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.  Amended 
by Acts 2005, 79th Leg., ch. 28, § 3, eff. Sept. 1, 2005.


	§ 556.054. LIMITATION ON INSPECTION.  Unless the owner, 
pharmacist, or agent in charge of a facility consents in writing, an 
inspection of the facility authorized by this chapter may not 
extend to:
		(1)  financial data;                                                          
		(2)  sales data, other than shipment data;  or                                
		(3)  pricing data.                                                            

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


	§ 556.055. INSPECTIONS WITH WARNING NOTICE.  Before a 
complaint may be filed with the board as the result of a written 
warning notice that is issued during an inspection authorized by 
this chapter and that lists a specific violation of this subtitle or 
a rule adopted under this subtitle, the license holder must be given 
a reasonable time, as determined by the board, to comply with this 
subtitle or rules adopted under this subtitle.

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


	§ 556.0555. INSPECTIONS.  (a) At least annually, the 
board shall conduct random inspections of Canadian pharmacies 
designated under Section 554.016 as necessary to ensure compliance 
with the safety standards and other requirements of this subtitle 
and board rules.
	(b)  Notwithstanding the requirements of this chapter, the 
board by rule may establish the standards and procedures for 
inspections under this section.
	(c)  The board may enter into a written agreement with 
another state for an agency or employee of the state to perform 
services for the board related to inspecting a Canadian pharmacy 
designated by the board under Section 554.016 to dispense 
prescription drugs to residents in this state.  This subsection 
does not apply to the initial inspection of the pharmacy.

Added by Acts 2005, 79th Leg., ch. 1345, § 38, eff. Sept. 1, 
2005.       


	§ 556.056. CODE OF PROFESSIONAL RESPONSIBILITY.  (a) The 
board shall adopt a code of professional responsibility to regulate 
the conduct of a representative of the board authorized to inspect 
and survey a pharmacy.
	(b)  The code must contain:                                                    
		(1)  a procedure to be followed by a person authorized 
to represent the board:
			(A)  on entering a pharmacy;                                                 
			(B)  during inspection of the pharmacy;  and                                 
			(C)  during an exit conference;  and                                         
		(2)  standards of conduct that the person must follow 
in dealing with the staff and management of the pharmacy and the 
public.
	(c)  The board shall establish a procedure for receiving and 
investigating a complaint of a code violation.  The board shall 
investigate each complaint of a code violation.  The board shall 
forward results of an investigation to the complainant.
	(d)  The board may adopt rules establishing sanctions for 
code violations.   

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

SUBCHAPTER C. WARRANTS


	§ 556.101. WARRANT NOT REQUIRED.  A warrant is not 
required under this chapter to:
		(1)  inspect books or records under an administrative 
subpoena issued under this subtitle;  or
		(2)  enter a facility or conduct an administrative 
inspection of a facility if:
			(A)  the owner, pharmacist, or agent in charge of 
the facility consents to the inspection;
			(B)  the situation presents imminent danger to the 
public health and safety;
			(C)  the situation involves inspection of a 
conveyance, if there is reasonable cause to believe that the 
mobility of the conveyance makes it impracticable to obtain a 
warrant;  or
			(D)  any other exceptional situation or emergency 
exists involving an act of God or natural disaster in which time or 
opportunity to apply for a warrant is lacking.

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


	§ 556.102. COMPLIANCE WITH CHAPTER.  An administrative 
inspection warrant may be issued and executed only in accordance 
with this chapter.

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


	§ 556.103. ISSUANCE OF WARRANT.  (a) In this section, 
"probable cause" means a valid public interest exists in the 
effective enforcement of this subtitle or a rule adopted under this 
subtitle that is sufficient to justify an administrative inspection 
of the facility, area, building, or conveyance, or its contents in 
the circumstances specified in the application for the warrant.
	(b)  A district judge may, on proper oath or affirmation that 
shows probable cause, issue a warrant to:
		(1)  conduct an administrative inspection authorized 
by this chapter or rules adopted under this subtitle;  and
		(2)  seize property appropriate to the inspection.                            
	(c)  A warrant may be issued only on an affidavit that:                        
		(1)  is given by a board representative who has 
knowledge of the facts alleged;
		(2)  is sworn to before the judge;  and                                       
		(3)  establishes the grounds for issuance of the 
warrant.                   
	(d)  The judge shall issue a warrant if the judge is 
satisfied that grounds for the application exist or that there is 
probable cause to believe they exist.

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


	§ 556.104. CONTENTS OF WARRANT.  The warrant must:                          
		(1)  identify:                                                                
			(A)  the facility, area, building, or conveyance 
to be inspected;          
			(B)  the purpose of the inspection;                                          
			(C)  the type of property to be inspected, if 
appropriate;  and            
			(D)  each item or type of property to be seized, if 
any;                   
		(2)  state the grounds for issuance of the warrant and 
the name of each person whose affidavit has been taken in support of 
the warrant;
		(3)  be directed to a person authorized under this 
chapter to execute the warrant;
		(4)  command the person to whom the warrant is directed 
to inspect the facility, area, building, or conveyance identified 
for the purpose specified;
		(5)  direct the seizure of the property specified, if 
appropriate;          
		(6)  direct that the warrant be served during normal 
business hours;  and   
		(7)  designate the judge to whom the warrant is to be 
returned.             

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


	§ 556.105. EXECUTION AND RETURN OF WARRANT.  (a) A 
warrant issued under this chapter must be executed and returned not 
later than the 10th day after the date of the warrant's issuance 
unless the judge allows additional time in the warrant after a 
showing by the board of a need for additional time.
	(b)  A person who seizes property under a warrant shall 
provide a copy of the warrant and a receipt for the property taken 
by:
		(1)  giving the copy and receipt to the person from whom 
or from whose facility the property was taken;  or
		(2)  leaving the copy and receipt at the facility from 
which the property was taken.
	(c)  The return of the warrant shall be made promptly and be 
accompanied by a written inventory of any property taken.  The 
inventory shall be:
		(1)  prepared in the presence of the person executing 
the warrant and of:   
			(A)  the person from whose possession or facility 
the property was taken, if present;  or
			(B)  at least one credible person other than the 
person preparing the inventory;  and
		(2)  verified by the person executing the warrant.                            
	(d)  The judge, on request, shall deliver a copy of the 
inventory to:        
		(1)  the person from whose possession or facility the 
property was taken;  and
		(2)  the applicant for the warrant.                                           

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


	§ 556.106. FILING WITH DISTRICT COURT.  (a) A judge who 
issues a warrant under this chapter shall attach to the warrant:
		(1)  a copy of the return;  and                                               
		(2)  the papers filed in connection with the warrant.                         
	(b)  The judge shall file the copy of the return and the 
papers with the clerk of the district court with jurisdiction of the 
area in which the inspection was conducted.

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


	§ 556.107. DISPOSAL OF SEIZED PROPERTY.  Property seized 
under this chapter must be disposed of in a manner considered 
appropriate by the board if the board has jurisdiction over the 
property or the district court if the court has jurisdiction over 
the property.

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