CHAPTER 552. TEXAS STATE BOARD OF PHARMACY
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE J. PHARMACY AND PHARMACISTS
CHAPTER 552. TEXAS STATE BOARD OF PHARMACY
Sec. 552.001. MEMBERSHIP. (a) The Texas State Board of
Pharmacy consists of nine members appointed by the governor with
the advice and consent of the senate as follows:
(1) six members who are pharmacists; and
(2) three members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.002. QUALIFICATIONS. (a) The board must include
representation for pharmacists who are primarily employed in
Class A pharmacies and Class C pharmacies.
(b) A pharmacist board member must, at the time of appointment:
(1) be a resident of this state;
(2) have been licensed for the five years preceding appointment;
(3) be in good standing to practice pharmacy in this state; and
(4) be practicing pharmacy in this state.
(c) Each person appointed to the board shall, not later than the
15th day after the date of appointment, qualify by taking the
constitutional oath of office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.003. PUBLIC MEMBERSHIP ELIGIBILITY. A person is not
eligible for appointment as a public member of the board if the
person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
funds from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving funds from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.004. MEMBERSHIP RESTRICTIONS. (a) A person may not be
a member of the board if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the operation of the board.
(b) A person may not be a member of the board if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 3, eff. September 1, 2005.
Sec. 552.005. TERMS; VACANCY. (a) Members of the board are
appointed for staggered six-year terms. The terms of three
members expire every other year at midnight on the last day of
the state fiscal year in the last year of the member's term.
(b) If a vacancy occurs during a member's term, the governor
shall appoint a replacement to fill the unexpired term.
(c) A board member may not serve more than two consecutive full
terms. The completion of the unexpired portion of a full term is
not service for a full term for purposes of this subsection.
(d) A person appointed by the governor to a full term before the
expiration of the term of the member being succeeded becomes a
member of the board on the first day of the next state fiscal
year following the appointment.
(e) A person appointed to an unexpired portion of a full term
becomes a member of the board on the day after the date of
appointment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.006. BOARD MEMBER TRAINING. (a) A person who is
appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance
at a meeting of the board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this subtitle and the programs, functions, rules, and budget
of the board;
(2) the results of the most recent formal audit of the board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 4, eff. September 1, 2005.
Sec. 552.007. OFFICERS. (a) The governor shall designate a
member of the board as the president of the board to serve in
that capacity at the pleasure of the governor. The board shall
elect from its members for one-year terms a vice president,
treasurer, and other officers the board considers appropriate and
necessary to conduct board business.
(b) The board's president shall preside at each board meeting
and is responsible for the performance of the board's duties and
functions under this subtitle.
(c) An officer, other than the president, shall perform the
duties normally associated with the officer's position and other
duties assigned to the officer by the board.
(d) The term of an officer begins on the first day of the state
fiscal year following the officer's election and ends on election
of a successor.
(e) A member elected as an officer may not serve more than two
consecutive full terms in each office to which the member is
elected.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 5, eff. September 1, 2005.
Sec. 552.008. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the qualifications
required for appointment to the board;
(2) does not maintain during service on the board the
qualifications required for appointment to the board;
(3) violates a prohibition established by Section 552.004;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings the member is eligible to attend during a calendar
year, unless the absence is excused by majority vote of the
board.
(b) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the president of the board of the ground. The president shall
then notify the governor that a potential ground for removal
exists.
(c) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.009. PER DIEM; REIMBURSEMENT. (a) Each member of the
board is entitled to a per diem set by legislative appropriation
for each day the member engages in board business.
(b) A member is entitled to reimbursement for travel expenses as
prescribed by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1345, Sec. 6, eff. September 1, 2005.
Sec. 552.010. MEETINGS. (a) The board shall meet at least:
(1) once every four months to transact board business; and
(2) twice each year for the examination of applicants.
(b) The board may meet at other times at the call of the board's
president or two-thirds of the board's members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.011. EXECUTIVE SESSION. (a) The board may, in
accordance with Chapter 551, Government Code, conduct a portion
of a board meeting in executive session.
(b) The board may conduct in executive session a deliberation
relating to discipline of a license holder. At the conclusion of
the deliberation, in open session the board shall vote and
announce the board's decision relating to the license holder.
(c) The board may conduct in executive session a disciplinary
hearing relating to a pharmacist or pharmacy student who is
impaired because of chemical abuse or mental or physical illness.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 552.012. QUORUM; VALIDITY OF BOARD ACTION. Except when a
greater number is required by this subtitle or by board rule, an
action of the board must be by a majority of a quorum.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.