Texas adopts emergency rules to aid victims
When hundreds of thousands of Hurricane Katrina evacuees came to Texas from the devastated Gulf Coast areas several months ago, health officials saw that current state pharmacy regulations may not help them meet the unprecedented need of these displaced people.
Texas law allows a state agency to adopt an emergency rule without prior notice or hearing if the agency finds that an imminent peril to the public health, safety, welfare, or a requirement of state or federal law, requires adoption of a rule on fewer than 30 days’ notice.
The state board staff met and made recommendations for changes in response to the disaster relief effort; these changes were adopted on a temporary basis until a formal meeting could be convened, says Kim Roberson, RPh, senior director of professional affairs for the Texas Pharmacy Association in Austin. Here are some of the emergency rules that the Texas State Board of Pharmacy adopted:
• Preceptor requirements. The board recognized that an extraordinary demand for preceptors may exist for pharmacist-interns coming to Texas as a result of Hurricane Katrina. One emergency amendment provides procedures and requirements to allow a preceptor in a Texas College of Pharmacy internship program to supervise up to two interns. This decision is up to the executive director of the board. The executive director should notify the Texas Colleges of Pharmacy of the length of time a preceptor may supervise up to two interns.
• Emergency Remote Pharmacy License requirements. The Texas State Board of Pharmacy recognized that emergency remote pharmacies were needed at emergency shelters to provide pharmaceutical services to evacuees of Hurricane Katrina. The agency also determined that the remote pharmacies were necessary to provide pharmaceutical services to the public and that the existing types of pharmacy licenses were not appropriate for that practice setting. Here is a section of the emergency rule:
In an emergency situation, the board may grant a holder of a Class A (Community), Class C (Institutional), or Class D (Clinic) pharmacy license the authority to operate a pharmacy and provide pharmacy services at an alternate location. The following is applicable for the emergency remote pharmacy.
- The emergency remote pharmacy will not be issued a separate pharmacy license, but shall operate under the license of the home pharmacy. To qualify for an emergency remote pharmacy license, the applicant must submit an application. [Application information is then detailed.]
- The board will notify the home pharmacy of the approval of an emergency remote pharmacy license.
- The emergency remote pharmacy license shall be valid for a period as determined by the board not to exceed six months. The executive director of the board, in his/her discretion, may renew the remote license for an additional six months, if the emergency situation still exists and the holder of the license shows good cause for emergency remote pharmacy to continue operation.
- The emergency remote pharmacy shall have a written contract or agreement with the home pharmacy that outlines the services to be provided and the responsibilities and accountabilities of the remote and home pharmacy in fulfilling the terms of the contract or agreement in compliance with federal and state laws and regulations.
- The home pharmacy shall designate a pharmacist to serve as the pharmacist-in-charge of the emergency remote pharmacy.
- The emergency remote pharmacy shall comply with the rules for the class of pharmacy under which the home pharmacy is licensed.
- The records of services provided at the emergency remote pharmacy shall be maintained at the home pharmacy for a period of two years from the date of provision of the service. Such records shall be produced by the pharmacy within 48 hours, if requested by an authorized agent of the Texas State Board of Pharmacy, Department of Public Safety, or Drug Enforcement Administration.
• Emergency Temporary Pharmacist License requirements. The Texas State Board of Pharmacy recognized that additional pharmacists not previously licensed to practice pharmacy in Texas were needed on an emergency basis to provide pharmaceutical services to evacuees of Hurricane Katrina. Here is a section of that emergency rule:
In an emergency situation, the board may grant a pharmacist who holds a license to practice pharmacy in another state an emergency temporary pharmacist license to practice in Texas. The following is applicable for the emergency temporary pharmacist license.
- An applicant for an emergency temporary pharmacist license under this section must:
- hold a current pharmacist license in another state and that license and other licenses held by the applicant in any other state may not be suspended, revoked, canceled, surrendered, or otherwise restricted for any reason;
- be sponsored by a pharmacy with an active license in Texas.
- To qualify for an emergency temporary pharmacist license, the applicant must submit an application including the following information. [The information is then detailed.]
- An emergency temporary pharmacist license shall be valid for a period as determined by the board not to exceed six months. The executive director of the board, in his/her discretion, may renew the license for an additional six months, if the emergency situation still exists.
- The board will notify the sponsoring pharmacy of the approval of an emergency temporary pharmacist license.
The section also talks about the limitations of practice.
• Inactive License requirements. The Texas State Board of Pharmacy recognized that additional pharmacists were needed to provide pharmaceutical services to evacuees of Hurricane Katrina. This resulting emergency amendment provides procedures and requirements to allow Texas pharmacists whose license has been inactive for no more than two years to reactivate their license prior to obtaining the required continuing education. The pharmacist should complete the continuing education requirement within six months of reactivation of the license. If not, the license will return to an inactive status.
When hundreds of thousands of Hurricane Katrina evacuees came to Texas from the devastated Gulf Coast areas several months ago, health officials saw that current state pharmacy regulations may not help them meet the unprecedented need of these displaced people.You have reached your article limit for the month. Subscribe now to access this article plus other member-only content.
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