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Friday, February 8, 2013

Repost: Proposed Rules in Texas: Readers Comments


FRIDAY, FEBRUARY 8, 2013

Texas State Board of Pharmacy Feb. 5, 2013 Meeting Agenda


TEXAS STATE BOARD OF PHARMACY
333 Guadalupe Street Suite 3-600 Austin, Texas 78701-3943 512-305-8000(voice) 512-305-8082(fax)
Texas State Board of Pharmacy
333 Guadalupe Street, Suite 2-225
Austin, Texas
Board Business Meeting
Tuesday, February 5, 2013
9:00 a.m. – Conclusion
A G E N D A
A. JW Announcements
● Meeting Procedures
● Board Members
● Staff
● Continuing Education
B. JW Discussion and Approval of Minutes (Tab 01)
● TSBP Board Business Meeting, Held November 6, 2012
● Temporary Suspension Hearings
○ Held November 26, 2012, Concerning Richard Demond Broussard, R.Ph.
○ Held December 12, 2012, Concerning The Medicine Shoppe Pharmacy; Esther Cohen, R.Ph.; and Rachel Cohen, Pharmacy Technician.
AGENDA, Board Business Meeting
February 5, 2013
Page 2
C. AB Discussion of and Possible Action Regarding Rules
C.1 Final Adoption of Rules
C.1.1 Amendments to §291.31 Concerning Definitions
(Tab 02)
C.1.2 Amendments to §291.32 Concerning Personnel (Tab 03)
C.1.3 Amendments to §295.8 Concerning Continuing Education Requirements (Tab 04)
C.2 Proposal of Rules
C.2.1 Amendments to §281.61 Concerning Definitions of Discipline Authorized (Tab 05)
C.2.2 Amendments to §291.33 Concerning Operational Standards (Tab 06)
C.2.3 Amendments to §291.34 Concerning Records (Tab 07)
C.2.4 Amendments to §297.8 Concerning Continuing Education Requirements for Pharmacy Technicians
(Tab 08)
C.3 Rule Reviews in Accordance with Government Code,
Section §2001.039 (Tab 09)
C.3.1 For Adoption
C.3.1.1 Chapter 297 Concerning Pharmacy Technicians (§§297.1-297.9) (Tab 10)
C.3.1.2 Chapter 291 Concerning Pharmacies (Services Provided by Pharmacies)
(§§291.120-291.121, 291.123, 291.125, 291.127, 291.129, 291.131, 291.133) (Tab 11)
D. AB Discussion of and Possible Action Concerning Reports of Committees/Task Forces
D.1 Task Force on Pharmacy Compounding (Tab 12)
● Recommendation to Prohibit Out-of-State Pharmacies From
Shipping Compounded

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2 comments:

Kenneth Woliner, MD said...
Recommendation to Prohibit Out-of-State Pharmacies From Shipping Compounded Preparations into Texas

Wow! Since it was a Texas pharmacy, Apothecure, who poisoned patients in Oregon, leading to at least 3 deaths, perhaps it is time that other states prohibit Texas pharmacies from shipping compounded preparations into their states! But, the "Commerce Clause" would prohibit one state from discriminating on businesses located outside of their state (in a sense, favoring their in-state competitors), so such a regulation most likely would not stand up in court. You could tax "non-resident pharmacies at a different rate than in-state pharmacies (due to the increased cost of regulating pharmacies that weren't local), but I doubt they would get away with this regulation.

(BTW, Apothecure just "Voluntarily Relinquished" their Florida pharmacy license, so they can no longer ship medications to patients (and physician offices) in Florida. I'll post more on that story later ...)

Ken Woliner, MD
www.holisticfamilymed.com
Doletta Sue Tuck-Richmond said...
Thank you Dr. Woliner. Excellent points about the U.S. Constitution and the Commerce Clause. One thing readers should not forget is something you have pointed out. States and even the U.S. Congress can pass laws regulating compounding but it is up to the court systems to decide whether those laws are constitutional.

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