TEXAS STATE BOARD OF PHARMACY

COMPACT WITH TEXANS


AGENCY PHILOSOPHY: The Texas State Board of Pharmacy (TSBP) will assume a leadership role in regulating the practice of pharmacy and act in accordance with the highest standards of ethics, accountability, efficiency, effectiveness, and openness. We affirm that regulation of the practice of pharmacy is a public and private trust. We approach our mission with a deep sense of purpose and responsibility. The public and the regulated community alike can be assured of a balanced and sensible approach to regulation.

AGENCY MISSION: Our mission is to promote, preserve, and protect the public health, safety, and welfare by fostering the provision of quality pharmaceutical care to the citizens of Texas, through the regulation of : the practice of pharmacy; the operation of pharmacies; and the distribution of prescription drugs in the public interest.

CUSTOMER SERVICE STANDARDS: In carrying out our mission, we will strive to be courteous, professional, flexible, honest, and helpful in all dealings with our customers. We will strive to provide our customers with clear, easy to understand, and accurate information about services. We will strive to actively listen so we can better anticipate the needs of our customers and be fully responsive to customer's concerns regarding our services.

SERVICES PROVIDED: TSBP provides four major types of services to its external customers, as follows:

 

I. POLICY SERVICES

TSBP rules, policies, and guidelines are established by nine Board Members who are appointed by the Governor, with the concurrence of the Senate, for staggered six-year terms. Three members must be public representatives (i.e., consumers/non-pharmacists). Six members must have been registered pharmacists in Texas for five years immediately preceding appointment, be in good standing with the Board, and continue to actively practice pharmacy while serving. In addition, the Board must have representation for licensed pharmacists who are primarily employed in Community and Institutional pharmacies. The Board Members employ an Executive Director/Secretary ("Executive Director") who serves as the executive officer of the agency, and as such, is an ex-officio member of the Board. The Executive Director is responsible for advising the Board on policy matters, implementing Board policy, and managing the agency on a day-to-day basis.

• Board Meetings - The Board Members discuss and formulate public policy with regard to the practice of pharmacy during quarterly Board Meetings, in accordance with the Texas Open Meetings Act. If a member of the public wishes to speak to the Board at a public meeting about an issue not already intended for discussion, the individual must submit a request in writing six weeks prior to the date of the Board Meeting.
• Rulemaking - Rules and amendments to rules are enacted in accordance with the procedures set forth in the Administrative Procedure Act. TSBP ensures that customers have input into the rulemaking process via Task Forces, public hearings, public forums, and/or electronic media or other forms of communication. TSBP writes rules with the intent that they be easily understood by the people who use and implement them. TSBP includes in the preamble of all Texas Register notices accompanying a proposed or final rule, a clear explanation summarizing the problem the rule is trying to solve, a summary of what the rule requires, a short explanation of how the rule solves the problem, and the financial impact of the rule, if any.

II. INFORMATION SERVICES

TSBP provides verbal, written, and electronic information regarding services provided. Other than obtaining general information on the TSBP website (which is freely available at anytime), customers can expect the following wait times for the following types of information services:

• Requests for General Information via Telephone Calls - Our goal is to answer or return calls by the close of business on the day of the call or by the close of the next business day. If the person receiving the call cannot fully respond to the inquiry, the customer will be referred to another individual who can.
  
   
• Requests for General Information via E-mail - Our goal is to respond to an e-mail inquiry within 10 working days.
  
   
• Written Requests for Licensure Verification and Public Information Regarding Complaints and Disciplinary Orders - Responses for this type of information are answered within 10 working days, unless the request is for a large volume of records, in which case TSBP provides the requestor an estimate of the time it will take the agency to provide the requested information.
• TSBP Newsletter - The TSBP Newsletter is available on the TSBP website.  Customers can expect to review 4 new editions of the Newsletter each year, approximately every 3 months.
• Publications (e.g., TSBP Law Reference Manual) - Links relating to Texas Pharmacy laws and rules and directions to obtain the Texas pharmacy law reference text, are displayed on the agency website (www.tsbp.state.tx.us)
  
   
• Lists/Labels of Licensees - Customers can expect TSBP to mail lists/labels within 10 working days of the request and receipt of payment. A list of all licensees is also available on the TSBP website at no charge.

III. LICENSING SERVICES

Through its licensing services, TSBP ensures: (1) that applicants for pharmacist licensure have met the educational, experience, and examination requirements as established by the Legislature and by the Board; (2) that individuals who apply to own and operate a pharmacy have met the standards for licensure, as established by the Legislature and by the Board; (3) that, through the license renewal process, qualified persons are practicing pharmacy or operating a pharmacy with a current license; (4) that qualified individuals are certified as preceptors; (5) that qualified individuals are registered as pharmacy technicians; and (6) that qualified pharmacy students are registered as pharmacist-interns. Customers can expect the following wait times, with regard to licensing services:

 

• Issuance of a Pharmacist License by examination, score transfer, or reciprocity - applicants can expect to be notified of the results of a licensure examination within 10 working days after the date the agency receives the examination results.*

• Issuance of a Pharmacy License - applications are processed within 21 working days of the receipt of the required fee and all required documents.*

• Issuance of a Pharmacist-Intern Registration - applications are processed within an average of 20 working days of the receipt of all required documents.*

• Issuance of a Preceptor Certification - applications are processed within 5 working days of the receipt of all required documents. However, the agency may deny the application to be a preceptor if the pharmacist does not meet the standards established by the Board.
  
   
• Issuance of a Pharmacy Technician Registration - applications are processed within 4 working days of the receipt of the required fee and all required documents.*
  
   
• Renewal of a Pharmacy Technician Registration - applications are processed within 4 working days of the receipt of the required fee and all required documents.*
  
   
• Renewal of a Pharmacist License - applications are processed within 4 working days of the receipt of the required fee and all required documents.*

• Renewal of a Pharmacy License - applications are processed within 4 working days of the receipt of the required fee and all required documents.*

* Applications would not be processed (licenses would not be issued) within the stated time frame, if upon sufficient grounds, the agency institutes disciplinary action to deny the application.

 

IV. ENFORCEMENT SERVICES

TSBP enforces the laws/rules governing the practice of pharmacy by conducting compliance program reviews and inspections of pharmacies, investigating complaints, and adjudicating licensees who have allegedly committed substantive violations of applicable laws and rules. Wait times for enforcement services are listed below:

 

• Compliance Inspections - In FY2004, TSBP conducted 1534 inspections. Customers can expect approximately 90% of the pharmacies located in Texas to be inspected approximately every two years.
  
   
• Investigations/Adjudication - TSBP initiates an investigation only after a complaint has been filed with TSBP. Complaints may be closed with disciplinary actions, warning letters, or verbal admonitions, or referrals to other agencies, depending upon the seriousness of the complaint or a subject's prior complaint history. If there is no evidence of violations of the laws and/or rules governing the practice of pharmacy, no action may be taken. Eighty seven percent of the agency's jurisdictional complaints closed in FY2004 were closed within 6 months of the receipt of the complaint. In FY2004, TSBP's average resolution time for jurisdictional complaints was 119 calendar days. However, customers can expect a longer average complaint resolution time if their complaint results in disciplinary action being instituted against an applicant or licensee.

TSBP works to ensure that the regulated community knows what is expected of them via routine compliance inspections, publication of articles in the TSBP Newsletter, on-line technical assistance (including assistance via telephone calls), professional exhibits, and speeches/presentations to professional associations.

If an individual wishes to file a complaint against a pharmacist or pharmacy, the complaint must be filed in writing (by completing a TSBP Complaint Form or submitting a letter via U.S. mail, FAX, or e-mail) or by filling out the Boards on-line complaint form. If a complaint is e-mailed to TSBP, a complainant must furnish his/her mailing address. To receive a TSBP Complaint Form, please contact the agency at the following address:

                                Texas State Board of Pharmacy

William P. Hobby Building, Suite 3-600

333 Guadalupe, Box 21

Austin, Texas 78701-3942

Telephone Number: 512-305-8000

Complaint Toll-free Number: 800-821-3205

Fax Number: 512-305-8082

Website: www.tsbp.state.tx.us

We appreciate and seek customer input to make informed decisions on policies, programs, and rules. TSBP Customer Relations Representative (Becky Damon) may be contacted by e-mail (becky.damon@tsbp.state.tx.us), by writing Ms. Damon at the address above, or by telephoning Ms. Damon at 512-305-8026.