Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE J. PHARMACY AND PHARMACISTS · CHAPTER 554. BOARD POWERS AND DUTIES; RULEMAKING AUTHORITY
Texas Codes

Tex. Occ. Code § 554.051 (2026)

Rulemaking: General Powers And Duties

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Sec. 554.051. RULEMAKING: GENERAL POWERS AND DUTIES. (a) The board shall adopt rules consistent with this subtitle for the administration and enforcement of this subtitle.

(a-1) The board may adopt rules to administer Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, 481.0766, 481.0767, 481.0768, and 481.0769, Health and Safety Code.

(b) If the board determines it necessary to protect the health and welfare of the citizens of this state, the board may make a rule concerning the operation of a licensed pharmacy located in this state applicable to a pharmacy licensed by the board that is located in another state.

(c) The board shall adopt rules regarding records to be maintained by a pharmacist performing a specific act under a written protocol.

(d) The board by rule shall specify minimum standards for professional responsibility in the conduct of a pharmacy.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 24, eff. September 1, 2016.

Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 13, eff. September 1, 2017.

Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 14, eff. September 1, 2019.

Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 8, eff. September 1, 2019.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2013–2023 · leading case: Texas State Bd. of Pharmacy v. Witcher, 447 S.W.3d 520 (Tex. App.—Austin 2014).
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Texas State Bd. of Pharmacy v. Witcher, 447 S.W.3d 520 (Tex. App.—Austin 2014). · cites it 2× “(d) The board by rule shall specify minimum standards for professional responsibility in the conduct of a pharmacy- Tex. Occ.Code § 554.051. Thus, the TPA authorizes the Board to adopt rules but is silent with regard to the method or methods by which the Board may do so.”
Texas State Bd. of Pharmacy v. Witcher, No. 03-12-00560-CV (Tex. App.—Austin Nov. 7, 2014). · cites it 2× “35 Tex. Occ. Code § 554.051. Thus, the TPA authorizes the Board to adopt rules but is silent with regard to the method or methods by which the Board may do so.”
Texas Med. Bd. & Scott Freshour v. Teladoc, Inc., No. 15-0092 (Tex. Aug. 4, 2015). · cites it 2× “The trial court did not disturb any of the Board’s findings of fact and conclusions of law (which were unchallenged), but the court reversed the portion of the final order imposing an indefinite enforced suspension of Witcher’s license.”
Blue Mint Pharmco, LLC v. Texas State Bd. of Pharmacy, No. 4:22-cv-00561 (S.D. Tex. Mar. 30, 2023). “” Tex. Occ. Code § 554.051(a); see also Garrett v.”
Texas State Bd. of Pharmacy v. Witcher, No. 03-12-00560-CV, 2013 WL 1876467 (Tex. App.—Austin May 3, 2013). “2012) (governing agency rulemaking); Tex. Occ. Code Ann. §§ 554.051 -.057 (West 2012) (prescribing Board’s rulemaking authority).”
Tex. Occ. Code § 554.051(a): 1 case
Blue Mint Pharmco, LLC v. Texas State Bd. of Pharmacy, No. 4:22-cv-00561 (S.D. Tex. Mar. 30, 2023). “” Tex. Occ. Code § 554.051(a); see also Garrett v.”
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