2009 Texas Code
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
CHAPTER 559. RENEWAL OF LICENSE TO PRACTICE PHARMACY  

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE J. PHARMACY AND PHARMACISTS

CHAPTER 559. RENEWAL OF LICENSE TO PRACTICE PHARMACY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 559.001. EXPIRATION OF LICENSE. (a) Except as provided by

Subsection (b), a license to practice pharmacy expires December

31 of each year or of every other year, as determined by the

board.

(b) The board may adopt a system under which licenses to

practice pharmacy expire on various dates during the year.

(c) If the board changes the expiration date of a license, the

board shall prorate the license renewal fee to cover the months

for which the license is valid for the year in which the date is

changed. The total license renewal fee is due on the new

expiration date.

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

Sec. 559.002. RENEWAL PERIOD. A license to practice pharmacy

may be renewed for one or two years, as determined by the board.

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

Sec. 559.003. REQUIREMENTS FOR RENEWAL. (a) To renew a license

to practice pharmacy, the license holder must before the

expiration date of the license:

(1) pay a renewal fee as determined by the board;

(2) comply with the continuing education requirements prescribed

by the board; and

(3) file with the board a completed application for a license

renewal certificate that:

(A) is given under oath; and

(B) is accompanied by a certified statement executed by the

license holder that attests that the license holder has satisfied

the continuing education requirements during the preceding

license period.

(b) A person whose license has been expired for 90 days or less

may renew the expired license by paying to the board a renewal

fee that is equal to one and one-half times the normally required

renewal fee for the license.

(c) A person whose license has been expired for more than 90

days but less than one year may renew the expired license by

paying to the board a renewal fee that is equal to two times the

normally required renewal fee for the license.

(d) A person whose license has been expired for one year or more

may not renew the license. The person may obtain a new license

by complying with the requirements and procedures for obtaining

an original license, including the examination requirement.

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

Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 2, eff. Sept. 1,

2001.

Amended by:

Acts 2005, 79th Leg., Ch.

1345, Sec. 17, eff. September 1, 2005.

Sec. 559.004. ISSUANCE OF LICENSE RENEWAL CERTIFICATE. (a) The

board shall issue a license renewal certificate to an applicant

after the board has received, in a time prescribed by Section

559.003:

(1) the completed application;

(2) the renewal fee; and

(3) proof of completion of the continuing education requirements

prescribed by Subchapter B.

(b) The renewal certificate must contain:

(1) the pharmacist's license number;

(2) the period for which the license is renewed; and

(3) other information the board determines necessary.

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

Sec. 559.005. ISSUANCE OF NEW LICENSE. (a) The board may issue

a new license to practice pharmacy to a person who is prohibited

under Section 559.003(d) from renewing a license if the person

has not had a license granted by any other state restricted,

suspended, revoked, canceled, or surrendered for any reason and

qualifies under this section.

(b) A person qualifies for a license under this section if the

person:

(1) was licensed as a pharmacist in this state, moved to another

state, and is licensed and has been practicing pharmacy in the

other state for the two years preceding the date the application

for a new license is submitted;

(2) pays to the board an amount equal to the examination fee for

the license; and

(3) passes the Texas Pharmacy Jurisprudence examination.

(c) A person qualifies for a license under this section if the

person:

(1) was licensed as a pharmacist in this state;

(2) pays to the board an amount equal to the examination fee for

the license; and

(3) passes the Texas Pharmacy Jurisprudence examination and any

other examination required by the board and in addition to or

instead of passing the examination as required by the board,

participates in continuing pharmacy education and practices under

conditions set by the board.

(d) A person qualifies for a license under this section if the

person:

(1) submits to reexamination; and

(2) complies with the requirements and procedures for obtaining

an original license.

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

Sec. 559.006. LICENSE EXPIRATION NOTICE. At least 30 days

before the expiration of a person's license, the board shall send

written notice of the impending license expiration to the person

at the license holder's last known address according to the

board's records.

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

Sec. 559.007. PRACTICING PHARMACY WITHOUT RENEWAL CERTIFICATE.

A person who practices pharmacy without a current license renewal

certificate as required by this chapter is practicing pharmacy

without a license and is subject to all penalties for practicing

pharmacy without a license.

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

SUBCHAPTER B. MANDATORY CONTINUING EDUCATION

Sec. 559.051. SATISFACTION OF CONTINUING EDUCATION REQUIREMENT.

(a) A holder of a license to practice pharmacy may meet the

continuing education requirement by:

(1) completing continuing education programs approved by the

board; or

(2) passing a standardized pharmacy examination approved by the

board.

(b) A license holder who takes the examination under Subsection

(a)(2) must pay the examination fee assessed by the board under

Section 554.006.

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

Sec. 559.052. RULES RELATING TO CONTINUING EDUCATION. (a) The

board shall adopt rules relating to:

(1) the adoption or approval of mandatory continuing education

programs;

(2) the approval of providers and the operation of continuing

education programs; and

(3) the evaluation of the effectiveness of continuing education

programs and a license holder's participation and performance in

those programs.

(b) In establishing the requirement for continuing education,

the board shall consider:

(1) factors that lead to the competent performance of

professional duties; and

(2) the continuing education needs of license holders.

(c) In adopting rules relating to the approval of continuing

education programs or providers, the board may consider:

(1) programs approved by the Texas Pharmacy Foundation; and

(2) providers approved by the American Council on Pharmaceutical

Education.

(d) The board shall approve home study courses, correspondence

courses, or other similar programs.

(e) The board by rule may grant an extension for the completion

of a continuing education requirement for good cause.

(f) The board by rule may exempt a person from all or part of

the continuing education requirements.

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

Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder

satisfies the continuing education requirement by presenting

evidence satisfactory to the board of completion of at least 30

hours of continuing education during the preceding 24 months of

the person's license period.

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

Amended by Acts 2001, 77th Leg., ch. 1254, Sec. 3, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 1420, Sec. 14.304(a), eff. Sept.

1, 2001.

Sec. 559.054. CERTIFICATE OF COMPLETION. Each continuing

education program approved by the board shall issue a certificate

of completion to a license holder who satisfactorily completes

the program.

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

Sec. 559.055. RECORDS. Each license holder shall maintain

records for three years showing the continuing education programs

completed by the license holder.

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

Sec. 559.056. DEMONSTRATION OF COMPLIANCE. On an audit by the

board, a license holder is in compliance with the continuing

education requirements if the license holder submits to the

board:

(1) an affidavit stating that the license holder has complied

with those requirements; and

(2) records showing completion of the continuing education

programs.

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

SUBCHAPTER C. INACTIVE STATUS

Sec. 559.101. ELIGIBILITY FOR INACTIVE STATUS. The board by

rule shall adopt a system for placing on inactive status a

license held by a person who:

(1) is licensed by the board to practice pharmacy;

(2) is not eligible to renew the license because of failure to

comply with the continuing education requirements under

Subchapter B; and

(3) is not practicing pharmacy in this state.

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

Sec. 559.102. RESTRICTION ON LENGTH OF INACTIVE STATUS. The

board may restrict the length of time a license may remain on

inactive status.

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

Sec. 559.103. APPLICATION FOR INACTIVE STATUS. A license holder

may place the holder's license on inactive status by:

(1) applying for inactive status on a form prescribed by the

board before the expiration date of the license; and

(2) complying with all other requirements for renewal of a

license other than the continuing education requirements under

Subchapter B.

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

Sec. 559.104. RETURN TO ACTIVE STATUS. A holder of a license

that is on inactive status may return the license to active

status by:

(1) applying for active status on a form prescribed by the

board; and

(2) providing evidence satisfactory to the board that the

license holder has completed the number of hours of continuing

education, up to 36 hours, that would otherwise have been

required for renewal of the license.

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

Sec. 559.105. PRACTICING PHARMACY DURING INACTIVE STATUS. (a)

A holder of a license that is on inactive status may not practice

pharmacy in this state.

(b) A license holder who practices pharmacy while the holder's

license is on inactive status is practicing pharmacy without a

license.

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