Texas Register Table of Contents
- 1 Governor
- 2 Governor
- 3 Texas Department on Aging and Disability Services
- 4 Texas State Board of Pharmacy
- 5 Texas State Board of Pharmacy
- 6 Texas State Board of Examiners of Marriage and Family Therapists
- 7 Texas Department of Insurance
- 8 Texas State Board of Examiners of Marriage and Family Therapists
- 9 Texas State Board of Pharmacy
- 10 Texas State Board of Pharmacy
- 11 Texas State Board of Pharmacy
- 12 Texas State Board of Pharmacy
- 13 Texas State Board of Pharmacy
- 14 Texas State Board of Pharmacy
- 15 Texas State Board of Pharmacy
- 16 Texas State Board of Pharmacy
- 17 Texas State Board of Pharmacy
- 18 Texas State Board of Pharmacy
- 19 Texas State Board of Pharmacy
- 20 Texas State Board of Pharmacy
- 21 Texas State Board of Pharmacy
- 22 Texas State Board of Pharmacy
- 23 Texas State Board of Pharmacy
- 24 Texas State Board of Pharmacy
- 25 Texas State Board of Pharmacy
- 26 Texas State Board of Pharmacy
- 27 Texas State Board of Pharmacy
- 28 Texas State Board of Pharmacy
- 29 Texas Department on Aging and Disability Services
- 30 Texas Board of Nursing
- 31 Texas State Board of Pharmacy
- 32 Texas Department of State Health Services
- 33 Texas State Board of Pharmacy
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Governor
Adopted Rules
Governor appoints Barrett J. Reynolds to the Housing and Health Services Coordination Council
Appointments for November 24, 2020Appointed to the Housing and Health Services Coordination Council, for a term to expire September 1, 2025, Barrett J. Reynolds of Richardson, Texas (replacing Felix Briones, Jr. of Austin, whose term expired).
Governor
Adopted Rules
Governor reappoints two members and appoints one new member to the Radiation Advisory Board
Appointments for November 30, 2020Appointed to the Radiation Advisory Board, for terms to expire April 16, 2023: Kevin L. Raabe of Floresville, Texas (Mr. Raabe is being reappointed);Mark A. Silberman, M.D. of Austin, Texas (Dr. Silberman is being reappointed).Appointed to the Radiation Advisory Board, for a term to expire April 16, 2025:Charles D. Cavnor of Little Elm, Texas (replacing Stephen L. “Steve” Harris of Bartonville, whose term expired).
Texas Department on Aging and Disability Services
Adopted Rules
New 40 TAC §9.194, establishing requirements for certain Medicaid HCS and CFC program participants living away from their residence due to COVID-19
CHAPTER 9. INTELLECTUAL DISABILITY SERVICES–MEDICAID STATE OPERATING AGENCY RESPONSIBILITIESSUBCHAPTER D. HOME AND COMMUNITY-BASED SERVICES (HCS) PROGRAM AND COMMUNITY FIRST CHOICE (CFC)40 TAC §9.194OVERVIEWThe Executive Commissioner of the Health and Human Services Commission (HHSC) adopts on an emergency basis in Title 40 Texas Administrative Code, Chapter 9 Intellectual Disability Services–Medicaid State Operating Agency Responsibilities, Subchapter D, new §9.194, concerning emergency rules in response to COVID-19 in order to address the situation when an individual, whose residence is a program provider’s three-person or four-person residence, is living away from the residence because of concerns about COVID-19 transmission. HHSC is adopting this emergency rule to require a program provider to take certain actions when an individual, whose residence is the program provider’s three-person or four-person residence, is living away from the residence because of concerns about COVID-19 transmission. Additional requirements associated with the new rule are listed in this week’s edition of the Texas Register (45 Tex Reg 8814). BACKGROUND AND JUSTIFICATION As authorized by Texas Government Code §2001.034, the Commission may adopt an emergency rule without prior notice or hearing upon finding that an imminent peril to the public health, safety, or welfare requires adoption on fewer than 30 days’ notice. Emergency rules adopted under Texas Government Code §2001.034 may be effective for not longer than 120 days and may be renewed for not longer than 60 days.The purpose of the emergency rulemaking is to support the Governor’s March 13, 2020, proclamation certifying that the COVID-19 virus poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas. In this proclamation, the Governor authorized the use of all available resources of state government and of political subdivisions that are reasonably necessary to cope with this disaster and directed that government entities and businesses would continue providing essential services. HHSC accordingly finds that an imminent peril to the public health, safety, and welfare of the state requires immediate adoption of these Emergency Rule for Changes to an Individual’s Residential Type and Services in the Home and Community-based Services Program.
Texas State Board of Pharmacy
Proposed Rules
Amending 22 TAC §291.14 to require the completion of a pharmacy ownership training course by non-pharmacist owners of officers of a Class A Pharmacy
CHAPTER 291. PHARMACIESSUBCHAPTER A. ALL CLASSES OF PHARMACIES22 TAC §291.14The Texas State Board of Pharmacy proposes amendments to §291.14, concerning Pharmacy License Renewal. The amendments, if adopted, add a requirement for each non-pharmacist individual owner or managing officer of a Class A pharmacy to attend a pharmacy ownership training course within 90 days of notifying the board of a change of managing officer.
Texas State Board of Pharmacy
Proposed Rules
Amending 22 TAC §315.15 to clarify procedures for using the Prescription Monitoring Program (PMP) before dispensing certain controlled substances
CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.15The Texas State Board of Pharmacy proposes amendments to §315.15, concerning Access Requirements. The amendments, if adopted, clarify that the requirement to consult the Prescription Monitoring Program (PMP) before dispensing specified controlled substances is limited to outpatient prescriptions.
Texas State Board of Examiners of Marriage and Family Therapists
Proposed Rules
Amending 22 TAC §801.305 to update the Schedule of Sanctions
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §801.305OVERVIEWThe Texas Behavioral Health Executive Council proposes amended §801.305, relating to Schedule of Sanctions.BACKGROUND AND JUSTIFICATION The proposed amendment is being made so the schedule of sanctions better aligns with §801.302, regarding severity level and sanction guide. Any action listed on the schedule of sanctions as a warning letter or conditional letter of agreement is being amended to a Level 5 Reprimand. Warning letters and conditional letters of agreement do not involve a formal disciplinary action and are now covered by §801.303, regarding other actions. Typographical corrections are also being proposed; such as an action was listed as a Level 3 Administrative Penalty, but Administrative Penalty is not one of the severity levels listed in §801.302, this action should be listed as a Level 3 Suspension.
Texas Department of Insurance
Proposed Rules
Amending 28 TAC §3.1 and §3.5 to remove outdated references to “prepaid legal services” for life, accident, and health insurance and annuities
CHAPTER 3. LIFE, ACCIDENT, AND HEALTH INSURANCE AND ANNUITIESSUBCHAPTER A. SUBMISSION REQUIREMENTS FOR FILINGS AND DEPARTMENTAL ACTIONS RELATED TO SUCH FILINGS28 TAC §3.1, §3.5OVERVIEWThe Texas Department of Insurance (TDI) proposes to amend 28 TAC §3.1 and §3.5, concerning life, accident, and health insurance and annuities.SUMMARY OF CHANGES Amendments to §3.1 and §3.5 remove references to “prepaid legal services,” which is comprised of both for-profit legal services, which were removed from TDI’s regulation by Senate Bill 597, 78th Legislature, Regular Session (2003) (SB 597), and nonprofit legal services, which were removed from TDI’s regulation by Senate Bill 1623, 86th Legislature, Regular Session (2019) (SB 1623).The proposed amendments also include non-substantive editorial and formatting changes to conform to the agency’s current style and to improve the rule’s clarity.
Texas State Board of Examiners of Marriage and Family Therapists
Withdrawn Rule
Withdrawing previously proposed amendments to 22 TAC §801.305, regarding the Schedule of Sanctions
CHAPTER 801. LICENSURE AND REGULATION OF MARRIAGE AND FAMILY THERAPISTSSUBCHAPTER D. SCHEDULE OF SANCTIONS22 TAC §801.305The Texas Behavioral Health Executive Council withdraws the proposed amended §801.305, which appeared in the October 23, 2020, issue of the Texas Register (45 TexReg 7517).The withdrawal of previously proposed amendments to the Schedule of Sanctions coincides with the Board’s newly proposed amendments, published in this week’s edition of the Texas Register (45 Tex Reg 8830).
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §283.2 to remove an outdated reference to a “pharmacist intern-trainee”
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.2The Texas State Board of Pharmacy adopts amendments to §283.2, concerning Definitions. These amendments are adopted with changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6868). The rule will be republished.The amendments remove an outdated reference to a pharmacist intern-trainee, a designation that no longer exists, and correct numbering errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §283.4 to update pharmacist internship requirements
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.4The Texas State Board of Pharmacy adopts amendments to §283.4, concerning Internship Requirements. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6870). The rule will not be republished.The amendments remove outdated references to a change of name fee and requirements to reflect current procedures.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §283.5 to remove the provision requiring a certain ratio of pharmacists to pharmacist-interns
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.5The Texas State Board of Pharmacy adopts amendments to §283.5, concerning Pharmacist-Intern Duties. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6873). The rule will not be republished.The amendments remove the ratio of pharmacists to pharmacist-interns and correct a grammatical error.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §283.11 to update procedures for retaking the exas Pharmacy Jurisprudence Examination
CHAPTER 283. LICENSING REQUIREMENTS FOR PHARMACISTS22 TAC §283.11The Texas State Board of Pharmacy adopts amendments to §283.11, concerning Examination Retake Requirements. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6874). The amendments will not be republished.The amendments clarify the course work requirements for reciprocity applicants retaking the Texas Pharmacy Jurisprudence Examination as only those provided for under Section 558.055 of the Texas Pharmacy Act.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.31 to update the definition of “original prescription” for Class A Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.31The Texas State Board of Pharmacy adopts amendments to §291.31, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6879). The amendments will not be republished.The amendments update the definition of original prescription and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.32 to update duties and requirements for pharmacy technicians at Class A Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.32The Texas State Board of Pharmacy adopts amendments to §291.32, concerning Personnel. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6882). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians, increase the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees, and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.33 to update operational standards for Class A Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.33The Texas State Board of Pharmacy adopts amendments to §291.33, concerning Operational Standards. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6886). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.34 to update record-keeping procedures for Class A Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER B. COMMUNITY PHARMACY (CLASS A)22 TAC §291.34The Texas State Board of Pharmacy adopts amendments to §291.34, concerning Records. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6897). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.52 to update the definition of “original prescription” for Class B Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.52The Texas State Board of Pharmacy adopts amendments to §291.52, concerning Definitions. These amendments are adopted with changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6907). The amended rule will be republished.The amendments update the definition of original prescription and correct grammatical and numbering errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.53 to update duties and requirements for pharmacy technicians at Class B Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.53The Texas State Board of Pharmacy adopts amendments to §291.53, concerning Personnel. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6909). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians, increase the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees, and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.55 to update record-keeping procedures for Class B Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER C. NUCLEAR PHARMACY (CLASS B)22 TAC §291.55The Texas State Board of Pharmacy adopts amendments to §291.55, concerning Records. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6912). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.74 to update application requirements for Class C Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER D. INSTITUTIONAL PHARMACY (CLASS C)22 TAC §291.74The Texas State Board of Pharmacy adopts amendments to §291.74, concerning Operational Standards. These amendments are adopted with changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6915). The rule will be republished.The amendments clarify certain application requirements and correct grammatical and formatting errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.101 to allow Class E Pharmacies to process prescription drug orders and perform certain other pharmaceutical services
CHAPTER 291. PHARMACIESSUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)22 TAC §291.101The Texas State Board of Pharmacy adopts amendments to §291.101, concerning Purpose. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6924). The amendments will not be republished.The amendments permit Class E pharmacies to process prescription drug orders and perform other pharmaceutical services as defined by Board rule, in accordance with House Bill 2847.
Texas State Board of Pharmacy
Adopted Rules
CHAPTER 291. PHARMACIESSUBCHAPTER F. NON-RESIDENT PHARMACY (CLASS E)22 TAC §291.102The Texas State Board of Pharmacy adopts amendments to §291.102, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6925). The rule will not be republished.The amendments permit Class E pharmacies to process prescription drug orders and perform other pharmaceutical services as defined by Board rule, in accordance with House Bill 2847.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.121 to update pharmacy technicians’ duties at remote pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES22 TAC §291.121The Texas State Board of Pharmacy adopts amendments to §291.121, concerning Remote Pharmacy Services. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6926). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.129 to update requirements and duties for pharmacy technicians at satellite pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER G. SERVICES PROVIDED BY PHARMACIES22 TAC §291.129The Texas State Board of Pharmacy adopts amendments to §291.129, concerning Satellite Pharmacy. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6938). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians and eliminate the ratio of pharmacists to pharmacy technicians and pharmacy technician trainees.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §291.153 to update pharmacy technicians’ duties at Class G Pharmacies
CHAPTER 291. PHARMACIESSUBCHAPTER H. OTHER CLASSES OF PHARMACY22 TAC §291.153The Texas State Board of Pharmacy adopts amendments to §291.153, concerning Central Prescription Drug or Medication Order Processing Pharmacy (Class G). These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6941). The rule will not be republished.The amendments expand the nonjudgmental duties that may be performed by pharmacy technicians.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §309.2 to update the definition of “original prescription” in order to guide the permissible substitution of drug products
CHAPTER 309. SUBSTITUTION OF DRUG PRODUCTS22 TAC §309.2The Texas State Board of Pharmacy adopts amendments to §309.2, concerning Definitions. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6945). The rule will not be republished.The amendments update the definition of original prescription.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §309.3 to update requirements for substituting drug products
CHAPTER 309. SUBSTITUTION OF DRUG PRODUCTS22 TAC §309.3The Texas State Board of Pharmacy adopts amendments to §309.3, concerning Substitution Requirements. These amendments are adopted without changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6946). The rule will not be republished.The amendments update the language regarding oral prescriptions to allow for expanded pharmacy technician duties and correct grammatical errors.
Texas State Board of Pharmacy
Adopted Rules
Amending 22 TAC §315.3 to clarify the electronic prescribing requirement for controlled substances
CHAPTER 315. CONTROLLED SUBSTANCES22 TAC §315.3The Texas State Board of Pharmacy adopts amendments to §315.3, concerning Prescriptions. These amendments are adopted with changes to the proposed text as published in the October 2, 2020, issue of the Texas Register (45 TexReg 6949). The rule will be republished.The amendments clarify the circumstances under which a controlled substance prescription is not required to be issued electronically and the procedures for requesting a waiver of the electronic prescribing requirement.
Texas Department on Aging and Disability Services
Transferred Rule
Governance of nursing facility requirements for licensure and Medicaid certification is being transferred from DADS to HHSC
OVERVIEWThe former DADS rules in Texas Administrative Code, Title 40, Part 1, Chapter 19, Nursing Facility Requirements for Licensure and Medicaid Certification are being transferred to Texas Administrative Code, Title 26, Part 1, Chapter 554, Nursing Facility Requirements for Licensure and Medicaid Certification.BACKGROUND AND JUSTIFICATIONDuring the 84th Legislative Session, the Texas Legislature passed Senate Bill 200, addressing the reorganization of health and human services delivery in Texas. As a result, some agencies were abolished, and their functions transferred to the Texas Health and Human Services Commission (HHSC). Texas Government Code, §531.0202(b), specified the Department of Aging and Disability Services (DADS) be abolished September 1, 2017, after all its functions were transferred to HHSC in accordance with Texas Government Code, §531.0201 and §531.02011.
Texas Board of Nursing
Notices
Board will conduct an official rule review for 22 TAC Chapters 213 (Practice and Procedure), 216 (Continuing Competency), and 221 (Advanced Practice Nurses)
OVERVIEWIn accordance with Government Code §2001.039, the Texas Board of Nursing (Board) files this notice of intention to review and consider for re-adoption, re-adoption with amendments, or repeal, the following chapters contained in Title 22, Part 11, of the Texas Administrative Code, pursuant to the 2019 rule review plan adopted by the Board at its July 2018 meeting:Chapter 213. Practice and Procedure, §§213.1 – 213.35Chapter 216. Continuing Competency, §§216.1 – 216.11Chapter 221. Advanced Practice Nurses, §§221.1 – 221.BACKGROUND AND JUSTIFICATION In conducting its review, the Board will assess whether the reasons for originally adopting these chapters continue to exist. Each section of these chapters will be reviewed to determine whether it is obsolete, whether it reflects current legal and policy considerations and current procedures and practices of the Board, and whether it is in compliance with Chapter 2001 of the Government Code (Administrative Procedure Act). In addition to this Rule Review, the Board has separately proposed editorial amendments to 22 Tex. Admin. Code §213.1, relating to Definitions, and §213.20, relating to Informal Proceedings and Alternative Dispute Resolution (ADR).PUBLIC COMMENT The public has thirty (30) days from the publication of this rule review in the Texas Register to comment and submit any response or suggestions. Written comments may be submitted to John Vanderford, Assistant General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, by email to john.vanderford@bon.texas.gov or by fax to John Vanderford at (512) 305-8101. Any proposed changes to these chapters as a result of this review will be published separately in the Proposed Rules section of the Texas Register and will be open for an additional comment period prior to the final adoption or repeal by the Board.
Texas State Board of Pharmacy
Notices
Board will conduct an official rule review for certain provisions of Chapter 291 (Pharmacies) and 297 (Pharmacy Technicians and Pharmacy Technician Trainees)
OVERVIEWThe Texas State Board of Pharmacy files this notice of intent to review the following subsections, pursuant to the Texas Government Code §2001.039, regarding Agency Review of Existing Rules:Chapter 291 (§§291.120 – 291.121, 291.123, 291.125, 291.127, 291.129, 291.131, 291.133), concerning Pharmacies (Services Provided by Pharmacies); Chapter 291, (§§291.151, 291.153), concerning Pharmacies (Other Classes of Pharmacy); Chapter 297 (§§297.1 – 297.11), concerning Pharmacy Technicians and Pharmacy Technician Trainees.PUBLIC COMMENT Comments regarding whether the reason for adopting the rule continues to exist may be submitted to Megan G. Holloway, Deputy General Counsel, Texas State Board of Pharmacy, 333 Guadalupe Street, Suite 3-500, Austin, Texas, 78701, FAX (512) 305-8061. Comments must be received by 5:00 p.m., January 26, 2021.
Texas Department of State Health Services
In Addition
Order extending the temporary scheduling of N-Ethylpentalone in Schedule I
The Acting Administrator of the Drug Enforcement Administration issued an order extending the temporary schedule I status of the synthetic cathinone 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)pentan-1-one (Other names: N-ethylpentylone, ephylone) including optical, positional and geometric isomers, salts and salts of isomers. The temporary scheduling is effective August 31, 2020, and expires on August 31, 2021. The order was published in the Federal Register, Volume 85, Number 167, pages 52915 – 52916, and is effective August 27, 2020.Pursuant to Section 481.034(g), as amended by the 75th Legislature, of the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, at least thirty-one days have expired since notice of the above referenced actions were published in the Federal Register. In the capacity as Commissioner of the Texas Department of State Health Services, John Hellerstedt, M.D., does hereby order the substance N-ethylpentalone be maintained as a schedule I temporary controlled substance.
Texas State Board of Pharmacy
In Addition
Correction of Error – updating proposed amendments to 22 TAC §291.33 as previously published in the Texas Register
The Texas State Board of Pharmacy proposed amendments to 22 TAC §291.33 in the October 2, 2020, issue of the Texas Register (45 TexReg 6886). Due to an error by the Texas Register, a portion of the text was published incorrectly.The corrected text of Section 291.33(b)(3)(A)(ii) includes these additional provisions, which were left out of the proposed amendments as published: (ii) During the time a pharmacist is absent from the prescription department, only pharmacy technicians who have completed the pharmacy’s training program may perform the following duties, provided a pharmacist verifies the accuracy of all acts, tasks, and functions performed by the pharmacy technicians prior to delivery of the prescription to the patient or the patient’s agent:(VII) receiving oral prescription drug orders for dangerous drugs and reducing these orders to writing, either manually or electronically;(VIII) transferring or receiving a transfer of original prescription information for dangerous drugs on behalf of a patient; and(IX) contacting a prescriber for information regarding an existing prescription for a dangerous drug.
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