August 11, 1999, Tonia J. Wood, Appraisal Archivist
Agency Contacts
This agency contact information was current at the time of the report but may have changed in the interim. Please call (512-463-5455) for current contact information of the agency's records manager or records liaison for these records.
Cathy Stella
Director of Administrative Services and Licensing
Texas State Board of Pharmacy
333 Guadalupe Street, Suite 3-600
Austin, TX 78701-3942
Robbi Polanco
Administrative Assistant
Division of Administrative Services and Licensing
Texas State Board of Pharmacy
Agency History and Structure
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training. The
Board of Pharmacy is a member of the National Association of Boards
of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Office of the Executive Director provides policy advice to
the board, implements board policies, and manages the agency in
a manner to accomplish the Pharmacy Board's mission, goals, and
objectives. The executive director is a voting member of the Health
Professions Council, which was created to coordinate administrative
and regulatory efforts for health-related licensing agencies in
Texas.
The Administrative Services and Licensing Division is responsible
for administering agency operations including personnel, accounting,
budgeting, purchasing, property management, and information technology.
The division also conducts a pharmacy and pharmacist licensure
system, initial licensing by exam, and ongoing renewal of licenses.
The Compliance Division promotes voluntary compliance with pharmacy
laws and rules, monitors compliance with pharmacy laws and rules,
enforces provisions, and provides information and compliance services
to agency customers. The division is responsible for creating
the newsletter that is sent to all licensed pharmacists.
The Investigations Division investigates alleged violations and
transfers swiftly to adjudication substantial violations of the
Texas Pharmacy Act, Dangerous Drug Act, Controlled Substances
Act, and rules promulgated pursuant to the acts.
The Adjudication and Legal Support Services Division monitors
complaints and prosecutes violations of the Texas Pharmacy Act,
Dangerous Drug Act, Controlled Substances Act, and rules promulgated
by the agency. The division monitors compliance with board orders
and provides adjudicative information to agency customers and
legal support to the agency.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
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Project Review
I was assigned to appraise the records of the Texas State Board
of Pharmacy on January 11, 1999. The agency completed its third
retention schedule re-certification in July 1997 and is due for
its fourth re-certification in July 1999. [The records consultant
assigned to the Pharmacy Board agreed to extend the due date for
re-certification so that recommended changes in the appraisal
report could be applied to the retention schedule.]
I reviewed the Guide to State Agencies (9th ed., 1996 and 10th
ed., 1998), statutes, and agency publications, including the strategic
plan for 1999-2003, annual report for FY 1996, annual financial
report for FY 1998, biennial budget request for fiscal years 2000-2001,
and the agency's web site (http://www.tsbp.state.tx.us/).
In November, 1995 Chris LaPlante, State Archivist, appraised
Pharmacists' Original Application and Pharmacists' Renewal record
series, which had been assigned archival review code R, and determined
they were not archival.
There are five series on the agency's retention schedule with
archival code A: Biennial budget requests, Meeting agenda,
Meeting minutes, Meetings-supporting documentation, and Organization
charts.
There are eleven series with archival review code R: Administrative
correspondence, Legal opinions and advice, News or press releases,
Policies and procedures manuals, Publication files, Reports, Administrative,
Reports, Consultants and committees, Conference reports and papers,
Reports, Studies & surveys-final data, Speeches, and Examination
file, exam roster.
Two series that the State Archives has determined are archival
are on the TSBP retention schedule: Reports, Annual and biennial
agency reports-non-fiscal and Strategic plans.
Five other series need appraisal due to the length of retention
period or series title: Litigation files, Adjudication worksheets,
Disciplinary orders, Investigative weekly activity report,
and Deceased master list.
After meeting with the records management officer, I determined
that a report needed to be extracted annually from the Electronic
licensing records series and that one obsolete series existed:
Registers of pharmacists. There is a box of other "old"
material that cannot be located, possibly including a history
of the board and an old organization chart.
As part of the current appraisal project, I mailed an introductory
letter on January 20, 1999 from Chris LaPlante to Executive Director
Gay Dodson and Cathy Stella, Records Management Officer and Director
of Administrative Services and Licensing, along with the list
of record series to be appraised. I contacted Cathy Stella on
January 27, 1999. After changing the meeting date several times,
we settled on March 22, 1999.
I met with Cathy Stella on March 22, 1999 to discuss the appraisal
process and record series that had possible archival value. Cathy
mentioned some older records that weren't on the schedule and
we agreed on a future meeting to review those records. On April
7, 1999, I returned to the TSBP offices to review the "old"
records and discuss how to save a register of pharmacists electronically.
I looked at two registers, five volumes of minute books, and an
index to the microfilm dating from December 1976 to present. Cathy
thought the box of other old materials was stored off-site. I
left some blank record series review forms to cover those records
and volunteered to come back if she couldn't describe them sufficiently.
Cathy asked if we could grant her an extension to the end of May
so that her assistant who was out could assist in the process.
Re-certification was due in July, which would have given us just
enough time to complete the appraisal report so the recommended
changes could be implemented. I asked if she would like to drop
the appraisal and try in a year or two and she said no. They might
be interested in sending us the old registers and minute books,
possibly after they are microfilmed. I told her TSBP staff would
always be welcome to come use the materials and that they could
refer questions about early licensed pharmacists to the Archives.
We touched on electronic licensing records. I suggested computer
output microfilm listing pharmacists annually. She suggested including
the entire database the first time and new additions after that.
Revocations, suspensions, etc. would show up in the minutes. Early
minutes (through November 1976) include the disciplinary action,
after that the minutes refer to the order for the action taken
by the board. Cathy Stella didn't think an annual listing of pharmacies
was important, names of pharmacists aren't included, since pharmacies
change hands often, a list would simply include pharmacy name,
address, and license number. If a pharmacy is disciplined, it's
often because of a pharmacist's actions and any information about
the pharmacy would be included in the disciplinary action information
in the minutes or orders.
After several e-mail messages and phone calls, I had enough information
to complete the report. After discovering that press releases
were filed in the investigation file for Mexican drugs, I asked
Cathy Stella and Robbi Polanco, Administrative Assistant in the
Administrative Services and Licensing Division, if there were
other cases that might contain public information in confidential
files and if this series merited appraisal. The answer was "no."
On July 29, I spoke with Carol Fisher, Director of Adjudication
and Legal Support Services, regarding litigation files and disciplinary
orders.
Previous Destructions
Destruction requests on file in the Archives and Information
Services Division date from September 1986 to September 1993 and
cover grade cards (dates unknown); financial records for fiscal
years 1964 to 1986 (including vouchers, journals, ledgers, bank
statements, deposits, retirement reports, insurance reports, fines,
lease car information, vehicle bids, social security reports,
allocation reports, a hot check folder, and end of month reports);
and deteriorating microfilm that was replaced.
Archival Holdings
Meeting minutes, 1984-1987, 0.24 cubic ft.
Records are minutes, including some attachments, of board business
meetings, disciplinary hearings, and annual policy meetings for
the Texas State Board of Pharmacy, dating from March 1984 to November
1987. The minutes were received from the Legislative Reference
Library. The agency plans on sending microfiche of minutes beginning
in 1907 and agenda beginning in 1976 to the Archives and Information
Services Division.
Policy and procedure manual, 1995, fractional
The record is a portion of the Texas State Board of Pharmacy board
members' responsibilities manual dating October 1995.
Letter, 1922 Apr. 24, fractional
The record is a letter, dating April 24, 1922, requesting information
on how an out-of-state druggist can practice his profession in
Texas. This letter is considered general correspondence, which
is not archival and will be destroyed.
Project Outcome
The appraisal of the Texas State Board of Pharmacy is complete.
Continue to use archival code A for these series:
Biennial budget requests-Add note to Remarks column:
"The archival requirement for this series is fulfilled
by sending the required copies to the Publications Depository
Program, Texas State Library and Archives Commission (13 Texas
Administrative Code, Section 3.4(3))."
Meeting agenda-Combine with Meeting minutes and
rename the series "Meeting agenda and minutes".
Meeting minutes-Combine with Meeting agenda and
rename the series "Meeting agenda and minutes" with
new series item number 1.1.058. Add note to Remarks column:
"Agency retains permanent record copy. The archival requirement
will be met by sending a copy to the Archives and Information
Services Division, Texas State Library and Archives Commission."
The Pharmacy Board needs to send meeting minutes to the Archives
and Information Services Division, dating from 1907 to the present.
Copies of agenda for the board from 1976 to present also need
to be sent to the Archives. Agenda and minutes should then continue
to be sent to the Archives on a regular basis.
Meeting minutes-supporting documentation-Are filed and
filmed with minutes and agenda and so will be received as agenda
and minutes are received. Since supporting documentation is
filed and filmed with the minutes, the retention period for
the meetings supporting documentation microfiche should match
that of the minutes microfiche (permanent).
Organization charts-Add note to Remarks column: "Included
in annual report. The archival requirement for this series will
be met by sending required copies of the annual report to the
Publications Depository Program, Texas State Library and Archives
Commission." [Otherwise, the agency could send a complete
set of loose organization charts to the Archives and Information
Services Division, Texas State Library and Archives Commission,
and then send new ones when they are superseded.]
Replace archival review code R with archival code A for the following
series:
Policies and procedures manuals-The board members responsibilities
manual and the old agency manual are archival. The old agency
manual should be transferred immediately since it has long been
superseded. The agency should send sections of the board members'
policies and procedures manual as they are superseded. The agency's
employee handbook and job instruction manuals for each division
are not archival and belong in other series: Personnel policies
and procedures (Item no. 3.3.024), with a retention period of
US+3 and Job procedure records (Item no. 3.3.025), with a retention
of US+3.
Legal opinions and advice-Change the security code from
open to confidential and cite the exception to public disclosure
in the "Remarks" column. The series item number should
be changed from 1.1.015 to 1.1.014. Change retention period
from PS (purpose served) to AV (administratively valuable).
Transfer legal opinions and advice when they are no longer administratively
valuable. Redact confidential material before transfer, and
transfer both the original and redacted versions.
News or press releases-Begin filing the record copy in
a separate series. At the end of 1999, transfer the press releases
regarding the Mexican drug investigation and any others as they
are discovered to the Archives and Information Services Division.
Future transfers of all news releases should be done yearly
as the releases fulfill their retention period.
Reports, Consultants and committees-Add note in Remarks
column: "Record copy
filed with Meetings-supporting documentation." Reports
will be transferred as microfiche of minutes is transferred.
Speeches-Print out and transfer speeches that have reached
the retention period of two years plus annual review. Future
transfers should be done yearly as the speeches fulfill their
retention period.
Add archival code A to the following series:
Agency strategic plan-Add note to Remarks column: "The
archival requirement for this series is fulfilled by sending
the required copies to the Publications Depository Program,
Texas State Library and Archives Commission (13 Texas Administrative
Code, Section 3.4(1)(C))." Transfer a copy of the 1992
plan to the Archives and Information Services Division to fill
in a gap in Texas Documents Collection holdings.
Annual and biennial agency reports-Non-fiscal-Add note
to Remarks column under annual report: "The archival requirement
for this series is fulfilled by sending the required copies
to the Publications Depository Program, Texas State Library
and Archives Commission (13 Texas Administrative Code, Section
3.4(1)(A))." Change the item number to 1.1.066.
Disciplinary orders-Transfer disciplinary orders beginning
in 2051.
Electronic licensing records-Computer output microfilm
should be created annually after the electronic database is
updated at the end of each fiscal year, according to microfilming
and electronic standards set by the State and Local Records
Management Division (13 TAC, Sections 6.91-6.99). Computer output
microfilm should then be transferred to the Archives and Information
Services Division. The output should contain basic information
about each pharmacist, but should not include any confidential
information. Upon transfer of the first microfilm, this appraisal
decision will be reviewed.
Obsolete series determined to be archival that does not appear
on the agency's retention schedule:
Registers of pharmacists-Transfer registers to the Archives
and Information Services Division.
Add archival review code R:
Litigation files-Add archival review code R to retention
schedule. The series should remain on the schedule as long as
there are case files that have not been appraised and transferred
or discarded. Transfer the narrow therapeutic drug case once
the retention period has been fulfilled. Contact the Texas State
Library and Archives Commission, Archives and Information Services
Division for review of other litigation files after the cases
are closed.
Change archival review code R to archival exception code E for
the following series:
Reports, Administrative
Publication files
Exam administration file, Exam roster-Correct the retention
period to AV+3
Add note to Remarks column for above series: "Archival
review code removed subsequent to appraisal by Archives and
Information Services Division, Texas State Library and Archives
Commission, August 11, 1999."
Other series reviewed which have been appraised as non-archival:
Deceased master list
Investigative weekly activity reports
Adjudication worksheets--Correct the retention period to
AV (administratively valuable)
Series which should be removed from the agency's retention schedule
because they do not exist:
Administrative correspondence
Conference reports and papers
Reports, studies and surveys-Final data
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Record Series Reviews
Record Series Review
Series Title: Biennial budget requests
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional cubic ft.
Agency holdings:
Retention period for biennial budget requests is after completion
plus six years. Actual agency holdings date from 1982 to 1998,
covering fiscal years 1984 to 2001; size is approximately 0.7
cubic ft. Requests are located in the Director of Administration's
office.
Description:
These records are the legislative appropriation requests of the
Texas State Board of Pharmacy submitted to the Legislative Budget
Board and others. The records date from 1982-[ongoing]. The requests
generally contain narrative statements of agency functions or
programs. Program objectives are listed, along with a description
of each objective, discussion of performance measures, statistics,
program need indicators, and expenses-expended, current, and projected,
at different funding levels. The Pharmacy Board began creating
biennial budget requests in 1982 when its funding became part
of the general appropriations bill. Until then, the board did
not have to justify to the Legislature its spending of licensing
and other fees the board collected.
Purpose:
The purpose of this series is to request appropriations from the
legislature and to provide justification for the amounts requested.
Agency Program:
Biennial budget requests are a mandatory requirement of the state
budgetary process.
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was in place, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces and
advisory committees composed of registered pharmacists to assist
in the pre-rulemaking process. Currently two task forces are studying
issues for the board: the Taskforce on Pharmacists Working Conditions
and their Impact on the Public Health and the Task Force on Technician
Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records:
Legislative Budget Board, Legislative Budget Estimates
have been published since fiscal years 1954 and 1955. This publication,
a compilation of data for all state agencies, summarizes the fiscal
information found in agency-submitted budgets or appropriations
requests, but omits most of the narrative.
Series data from agency schedule:
Title: Biennial budget requests
Series item number: 1.1.004
Agency item number: 11002
Archival code: A
Retention: AC+6
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings:
The archival requirement for this series is fulfilled by sending
the required copies to the Publications Depository Program, Texas
State Library and Archives Commission (13 Texas Administrative
Code, Section 3.4(3)). The Texas Documents Collection has biennial
budget requests dating from 1982 to 1998 covering fiscal years
1984-2001.
Gaps? None created before 1982
Appraisal Decision:
Biennial budget requests prepared by state agency boards and/or
commissions provide evidence of an agency's fiscal performance
and needs. The Texas State Board of Pharmacy's records retention
schedule is correct and sufficient. The archival requirement for
these records is fulfilled by sending the required copies to the
Publications Depository Program of the Texas State Library and
Archives Commission. Add note to Remarks column: "The archival
requirement for this series is fulfilled by sending the required
copies to the Publications Depository Program, Texas State Library
and Archives Commission (13 Texas Administrative Code, Section
3.4(3))."
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Record Series Review
Series Title: Legal opinions and advice
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
Legal opinions and advice are retained by the agency until their
purpose is served. Actual agency holdings date from May 1992-[ongoing].
Size is fractional. Legal opinions and advice are located in the
TSBP general counsel's office.
Description:
Records include correspondence, dating from May 1992-[ongoing],
from the Texas State Board of Pharmacy's general counsel to board
members, the executive director, or staff regarding agency laws
and rules, agency policy and procedure manuals, open records,
and open meetings.
Purpose:
According to the agency, legal opinions and advice interpret agency
authority and advise on pending litigation.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Subject
Access constraints:
Legal opinions and advice are confidential due to attorney-client
privilege (Texas Rules of Evidence, Rule 503. Texas Government
Code, Title 2, Subtitle G, Appendix A, Article 10, 9, Rule 1.05.);
open records exemption-certain legal matter (V.T.C.A., Government
Code, Section 552.107); open meetings exemption-closed meetings-consultation
with attorney (V.T.C.A., Government Code, Section 551.071); and
attorney work product (Texas Rev. Civ. P., Rule 192.5; V.T.C.A.,
Government Code, Section 552.111). Legal opinions and advice cannot
be used unless the agency waives confidentiality.
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: The security code on the retention schedule should
be confidential rather than open.
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Legal opinions and advice
Series item number: 1.1.015
Agency item number: 11015
Archival code: R
Retention: PS
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None before May 1992
Appraisal Decision:
Legal opinions and advice provide information about the legal
ramifications of agency policies and procedures, rules and laws.
Decisions of the board based on legal opinions and advice are
made in open meetings and are documented in the series Meeting
minutes. However, a fuller picture of the decision-making process
would be gained if researchers had access to the legal opinions
and advice. According to the Open Records Act, portions of agency
memoranda containing strictly factual information are open and
can be made available to the public as long as confidential information
is redacted. Also, the board may release to the public information
that is protected under the Open Records Act's exceptions to disclosure
but not deemed confidential by law. I recommend this series be
appraised as archival. Since there are multiple exceptions to
disclosure, only the agency can waive the exceptions. Once the
legal opinions and advice are no longer administratively valuable,
the records should be transferred to the Archives and Information
Services Division. The agency should redact confidential material
before transfer, and should send both the original uncut version
and the redacted version for use by researchers. The agency plans
to change the security code from open to confidential when the
retention schedule is submitted for re-certification. The series
item number should be changed from 1.1.015 to 1.1.014 to comply
with the State Records Retention Schedule, 2nd edition. Change
retention period from PS (purpose served) to AV (administratively
valuable). Replace archival review code R with archival code A.
Legal opinions and advice concerning litigation should be filed
in the series Litigation files, according to the State Records
Retention Schedule.
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Record Series Review
Series Title: Meeting agenda
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
Retention by the agency is permanent. Actual agency holdings date
from 1976 to present, size is fractional. Agenda from 1976 to
present are available on paper; agenda from 1982 through fiscal
year 1996 are also available on microfiche; agenda from August
1998 to present are also currently available at the agency web
site (http://www.tsbp.state.tx.us/).
Agenda are filed and filmed with the meeting minutes.
Description:
Records are meeting agenda of the Texas State Board of Pharmacy,
dating from 1976-[ongoing]. Agenda list the date, time, and location
of meetings and describe the topics that will be discussed by
the board.
Purpose:
Meeting agenda inform the public of topics to be discussed at
board meetings.
Agency Program:
Governmental bodies are required to provide written notice of
the date, hour, place, and subject of each meeting held by the
governmental body. (V.T.C.A., Government Code, Section 551.041)
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
The agency has a notebook listing dates of board meetings that
includes copies of agenda and identifies the corresponding microfiche.
Problems: None
Known related records in other agencies: Texas Register,
Secretary of State
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: Summarized in Texas Register,
Secretary of State
Series data from agency schedule:
Title: Meeting agenda
Series item number: 1.1.016
Agency item number: 11037
Archival code: A
Retention: PM
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None before 1976
Appraisal Decision:
Board meeting agenda provide a table of contents for and an overview
of the board meeting minutes. These agenda are appraised as archival
because they provide information about the board meeting minutes
and enhance access to the minutes. The Pharmacy Board should combine
this series with the board meeting minutes as recommended in the
1998 State Records Retention Schedule under the new title Meeting
agenda and minutes with the new item number 1.1.058. Add note
to Remarks column: "Agency retains permanent record copy.
The archival requirement will be met by sending a copy to the
Archives and Information Services Division, Texas State Library
and Archives Commission." The agency plans on having the
State and Local Records Management Division microfilm the agenda
from 1976-1981 and fiscal years 1997 to present and have copies
of all agenda from 1976 to present sent to the Archives on microfiche.
The agency should then continue to send minutes and agenda to
the Archives on a regular basis.
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Record Series Review
Series Title: Meeting minutes - board meetings
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: approx. 0.7 cubic ft.
Agency holdings:
The retention for meeting minutes is permanent. Actual agency
holdings date 1907-[ongoing], size is approximately 12 cubic ft.
Meeting minutes are located in the agency library (agenda are
filed with the minutes); meeting minutes from 1982 to fiscal year
1996 are also available on microfiche; minutes for the November
1998 and February 1999 board meetings are also currently available
on the agency's web site (http://www.tsbp.state.tx.us/).
Description:
Records are meeting minutes of the Texas State Board of Pharmacy
dating from 1907-[ongoing]. Minutes include summaries of board
discussion and approval of various reports (i.e., financial, committee,
activities, policies and procedures); election of officers; proposed
and adopted new rules and rule amendments; legislative matters;
notes on the beginning and ending of executive sessions; board
orders; personnel issues; and litigation. Minutes may also include
a record of public hearings before the board.
Purpose:
Meeting minutes summarize discussions and record decisions made
at board meetings.
Agency Program:
Governing bodies of state agencies are required to create meeting
minutes under the Open Meetings Act. (V.T.C.A., Government Code,
Section 551.021) The 1907 Texas Pharmacy Act required the board
to make a record of the proceedings of board meetings.
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
The agency has a notebook listing dates of board meetings that
includes copies of agenda and identifies the corresponding microfiche.
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Meeting minutes
Series item number: 1.1.017
Agency item number: 11011
Archival code: A
Retention: PM
Archival holdings:
Meeting minutes, 1984-1987, 0.24 cubic ft.
Records are minutes of the Texas State Board of Pharmacy for board
business meetings, disciplinary hearings, and annual policy meetings,
dating from March 1984 to November 1987. A few attachments from
March to August 1984 such as committee reports and board orders
are included. The minutes were received from the Legislative Reference
Library.
Gaps? None
Appraisal Decision:
Minutes of governing boards and commissions have been appraised
as archival because they provide evidence of the governing body's
decisions. The board should combine this series with the board's
meeting agenda as recommended in the 1998 State Records Retention
Schedule under the new item number 1.1.058 and title Meeting agenda
and minutes. Add note to Remarks column: "Agency retains
permanent record copy. The archival requirement will be met by
sending a copy to the Archives and Information Services Division,
Texas State Library and Archives Commission." The Pharmacy
Board plans on having the State and Local Records Management Division
prepare microfiche for the minutes from 1907-1981 and fiscal years
1997 to present and will send microfiche copies of minutes dating
1907 to present to the Archives and Information Services Division.
The agency should then continue to send agenda and minutes to
the Archives on a regular basis.
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Record Series Review
Series Title: Meeting minutes - Meetings-supporting documentation
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: filed with meeting minutes
Agency holdings:
Supporting documentation for meetings is retained by the agency
until its purpose is served. Actual agency holdings date from
1976 to present and are filed with the meeting minutes, located
in the agency "library". The supporting documentation
is available on microfiche from fiscal years 1982 to 1996.
Description:
Supporting documentation for meeting minutes of the Texas State
Board of Pharmacy date from 1976-[ongoing] and include copies
of the previous meeting's minutes for approval by the board, reports
to the board, correspondence, memoranda, and other material related
to agenda items. Materials are descriptive attachments that supplement
or explain agenda topics.
Purpose:
Supporting documentation for meetings clarify agenda topics before
the board and assist the board in making decisions by providing
background material.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological, then by agenda item.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access?
The agency has a notebook listing dates of board meetings that
includes copies of agenda and identifies the corresponding microfiche.
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Meeting minutes - Meetings-supporting documentation
Series item number: 1.1.052
Agency item number: 11011
Archival code: A
Retention: PS
Archival holdings:
The Archives and Information Services Division has attachments
to minutes for board meetings and disciplinary hearings dating
March to August 1984 included in the series Meeting minutes. These
were received from the Legislative Reference Library.
Gaps? None present before 1976
Appraisal Decision:
The series Meetings-supporting documentation has been appraised
as archival because it supplements the meeting minutes by providing
material referred to in the board's minutes. The supporting documentation
contains background information that can be used to understand
the reasoning behind the board's decisions. The Texas State Board
of Pharmacy files Meetings-supporting documentation with the minutes
and includes the series on the microfiche made by the State and
Local Records Management Division. Microfiche that includes Meetings-supporting
documentation from 1976 to present as part of the minutes will
be sent to the Archives and Information Services Division by the
Pharmacy Board. The agency should continue to send supporting
documentation to the Archives on a regular basis. Since supporting
documentation is filed and filmed with the minutes, the retention
period for the meetings supporting documentation microfiche should
match that of the minutes microfiche (permanent).
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Record Series Review
Series Title: News or press releases
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
News or press releases are to be retained by the agency for two
years. Dates of agency holdings are 1997 and unknown; size is
fractional. Releases are located in individuals' personnel files,
and two are located in the Director of Investigation's file on
Mexican drugs.
Description:
Records are press releases dating from 1997 and unknown that provide
information on the appointment of new staff and board members,
and sometimes may relate to an unusual investigative case, such
as drugs manufactured in Mexico and sold by mail order in the
United States.
Purpose:
Press releases notify interested parties of personnel changes
regarding the executive director and board members and notify
the general public of results of other important pharmacy issues.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Scattered in relevant files
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems:
The press releases regarding Mexican drugs are included in the
investigative files series which is confidential.
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: News or press releases
Series item number: 1.1.019
Agency item number: 11012
Archival code: R
Retention: 2
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? Unknown
Appraisal Decision:
Press releases are not created often and generally concern personnel
changes and appointments to the board. Two press releases were
created concerning an investigation of Mexican prescription drugs
in which the Pharmacy Board assisted the federal government. These
releases document intergovernmental cooperation. I recommend this
series be appraised as archival. The agency should begin filing
the record copy of press releases in a separate series as they
are created. Convenience copies can continue to be included in
relevant files. At the end of 1999, the Pharmacy Board should
transfer the press releases regarding the Mexican drug investigation
and other releases as they are discovered to the Archives and
Information Services Division. Archival review code R should be
replaced by archival code A on the retention schedule.
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Record Series Review
Series Title: Organization charts - Original
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
Retention of organization charts is until superseded. Actual agency
holdings date 1982 to present; size is fractional. Charts from
1982-[ongoing] are located in the agency's biennial budget requests,
strategic plans, or annual reports; charts from 1996 to present
are also kept electronically.
Description:
Records are organization charts, dating 1982-[ongoing], detailing
the structure of the Texas State Board of Pharmacy in a graphic
format. Charts from 1982-1990 are included in the biennial budget
requests for fiscal years 1984 through 1993. Charts are included
in the annual reports from 1993-[ongoing] and strategic plans
from 1990-[ongoing], although the organization chart was inadvertently
omitted from the 1998 strategic plan.
Purpose:
Organizational charts show agency structure in a graphic format.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? No
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: Included in annual reports and
other publications.
Series data from agency schedule:
Title: Organization charts - Original
Series item number: 1.1.023
Agency item number: 11016
Archival code: A
Retention: US
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings: Charts are included in the
biennial budget requests from 1982-1990, in strategic plans published
1990-1996, and in annual reports for fiscal years 1993-1996 held
by the Texas Documents Collection. The organization chart is missing
from the 1998 strategic plan.
Gaps? None before 1982
Appraisal Decision:
Organization charts show the structure of the Texas State Board
of Pharmacy in a graphic format. The series is appraised as archival
because it provides information about changes in the makeup of
the agency over a period of time. As long as the board includes
organization charts in the annual reports and continues to send
the reports to the Publications Depository Program, the archival
requirement will be met. Add note to Remarks column: "Included
in annual report. The archival requirement for this series will
be met by sending required copies of the annual report to the
Publications Depository Program, Texas State Library and Archives
Commission." If the agency prefers, it can send loose pages
of organization charts directly to the Archives and Information
Services Division, Texas State Library and Archives Commission.
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Record Series Review
Series Title: Policies and procedures manuals
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: Cubic ft., according to agency.
Agency holdings:
Policies and procedures manuals are to be retained by the agency
until superseded. Actual agency holdings date from 1983-[ongoing],
and unknown; size is 0.76 cubic ft. [Calculation based on height,
depth, and width provided by agency.] Manuals are located in each
division. An additional manual dates to the early days of the
board, date unknown, located in the office of the Director of
Administration.
Description:
Records are an employee handbook, a board member responsibilities
manual, an old agency policies and procedures manual, and job
instruction manuals for each division of the Texas State Board
of Pharmacy, dating from 1983-[ongoing], and unknown.
Purpose:
The employee handbook acquaints staff with rules and regulations
of state employment. The division manuals instruct employees in
tasks and duties. The old agency manual and board manual provide
direction to board members and staff regarding agency policies
and procedures.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement:
For job instruction manuals: by division, then by subject within
each manual; others are by subject
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Policies and procedures manuals
Series item number: 1.1.025
Agency item number: 11017
Archival code: R
Retention: US
Archival holdings:
Policies and procedures manual, 1995, fractional
The State Archives has section 2 (dealing with board members)
of the policy and procedure manual dated October 1995, received
from the TSBP when the section was superseded.
Texas Documents Collection holdings: None
Gaps? None at agency before 1983 except for one manual, date
unknown.
Appraisal Decision:
The board members' policies and procedures manual and the old
agency manual both contain information about the overall workflow
of the agency and how the Pharmacy Board's mandates are accomplished.
I recommend these two manuals be appraised as archival. The old
agency manual should be transferred immediately since it has long
been superseded. The agency should send sections of the board
members' policies and procedures manual as they are superseded.
Replace archival review code R with archival code A.
Job procedure manuals which detail specific tasks rather than
laying out policies of the agency and division provide too much
detail at too low a level. Employee handbooks which provide information
on travel, leave, and grievance policies and procedures also do
not provide information on the agency's purpose and functions.
Since these are job-specific and employee manuals, they do not
meet the informational and evidential value requirements for archival
retention. I appraise the job procedure manuals and employee handbook
as not archival. The series item number for the job procedure
manuals should be changed to 3.3.025 with the title Job procedure
records and a retention of US+3 to reflect the content of the
series. The series item number for the employee handbook should
be changed to 3.3.024 with the title Personnel policies and procedures
and a retention of US+3.
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Record Series Review
Series Title: Publication files
Agency: Texas State Board of Pharmacy, Compliance Division
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: 0.5 cubic ft.
Agency holdings:
Publication files are retained by the agency until the purpose
is served or until superseded. Actual agency holdings date from
1980 to present; size is 1.5 cubic ft. Files are located in a
file drawer in the office of the Assistant Director of Compliance.
Description:
Records are drafts of newsletters, fiscal year 1995-[ongoing]
and photographs of new board members and staff, 1980-[ongoing]
for the Texas State Board of Pharmacy. The newsletter is sent
to pharmacists and contains information on rule changes, disciplinary
cases, and other pharmacy issues. The photographs are used in
the newsletters. The agency creates a consumer brochure but no
publication files were found for it. A separate series Agency
publications exists for final copies of publications produced
by the Pharmacy Board.
Purpose:
The newsletter informs pharmacists and other interested parties
of rule changes, disciplinary cases, and other pharmacy issues.
The consumer brochure educates consumers about the Teas State
Board of Pharmacy.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Compliance Division promotes voluntary compliance with pharmacy
laws and rules, monitors compliance with pharmacy laws and rules,
enforces provisions, and provides information and compliance services
to agency customers. The division is responsible for creating
the newsletter that is sent to licensed pharmacists.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement:
Photographs are arranged alphabetically; newsletters are arranged
chronologically.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: Newsletter
Series data from agency schedule:
Title: Publication files
Series item number: 1.1.028
Agency item number: 11019
Archival code: R
Retention: PS or US
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings:
Newsletters resulting from the publication development files are
included in the Texas Documents Collection for 1979-1999.
Gaps? No drafts of newsletters before fiscal year 1995; no photographs
at agency before 1980
Appraisal Decision:
Information on the rule changes, disciplinary cases and other
pharmacy issues found in the newsletters are also included in
the archival series Meeting minutes and Meetings--supporting documentation.
Photographs are of board and staff members and do not provide
visual information on the functions of the TSBP. I recommend this
series be appraised as not archival. The agency needs to change
the series item number to 1.3.002, and replace archival review
code R with archival exception code E, adding the following note
to Remarks column for above series: "Archival review code
removed subsequent to appraisal by Archives and Information Services
Division, Texas State Library and Archives Commission, August
1999."
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Record Series Review
Series Title: Reports - Administrative
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
According to the agency's retention schedule, administrative reports
are to be maintained for three years. Actual agency holdings date
from 1983 to present and are filed with board meeting minutes
as part of meetings-supporting documentation.
Description:
Records are administrative reports dating 1983-[ongoing] which
describe the Texas State Board of Pharmacy's goals and objectives
for the current year. Activities that correspond to the goals
and objectives are described in the series Annual reports. Goals
and objectives of the board are described in the series Strategic
plans and Biennial budget requests.
Purpose:
Administrative reports document the agency's annual action plan
to carry out the strategic plan.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronologically, then by division within each report
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: Agency annual report
Series data from agency schedule:
Title: Reports - Administrative
Series item number: 1.1.031
Agency item number: 11038
Archival code: R
Retention: 3
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings: None
Gaps? None before 1983
Appraisal Decision:
Goals and objectives listed in the administrative reports correspond
to activities summarized in the agency's annual report and are
refined each year in order to implement the agency's strategic
plan. The administrative reports are included in the supporting
documentation filed with the agency's meeting minutes. Sufficient
information regarding the goals and objectives of the Pharmacy
Board are included in the annual reports, strategic plans, and
biennial budget requests. I recommend the administrative reports
be appraised as not archival. If this series were filed separately,
I would still recommend it be appraised as not archival. The agency
should remove the archival review code R from the agency's retention
schedule and replace it with archival exception code E, placing
the following note in the Remarks column: "Archival review
code removed subsequent to appraisal by Archives and Information
Services Division, Texas State Library and Archives Commission,
August 1999." The following note should also be placed in
the Remarks column: "Because the record copy is filed with
the Meetings-supporting documentation, archival code A applies."
The series item number should be changed to 1.1.067 to correspond
to the second edition of the Texas State Records Retention Schedule.
return to top
Record Series Review
Series Title: Reports, Annual and biennial agency reports
- Non-fiscal
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
Agency annual reports are to be retained permanently by the agency.
Actual holdings date from 1987-1997 and continue to be produced
by the agency; size is 0.4 cubic ft. Reports are located in the
office of the administrative assistant to the Director of Administrative
Services and Licensing.
Description:
Records are agency annual reports, dating 1987-[ongoing], of the
Texas State Board of Pharmacy. The annual reports document activities
that relate to the internal goals and objectives and accomplishments
of each division to board members and other interested parties.
Reports contain a summary of board structure, strategic goals,
philosophy and mission; a list of board members and staff; an
organization chart, a fiscal report; executive summary; and for
each division, significant accomplishments, significant disappointments
or constraints, and goals and objectives and how they were met.
The reports include lists of staff attendance at workshops and
courses, lists of speeches and other presentations by staff, and
statistics.
Purpose:
Agency annual reports are created to document the agency's activities
for a fiscal year in carrying out goals and objectives.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological, then by division within each report
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: This is a publication.
Series data from agency schedule:
Title: Reports, Annual and biennial agency reports - Non-fiscal
Series item number: 1.1.032
Agency item number: 11023
Archival code:
Retention: PM
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings:
The Texas Documents Collection contains annual reports for fiscal
years 1987-1996.
Gaps? None at agency before 1987
Appraisal Decision:
Annual reports summarize the TSBP's activities for each year.
Non-fiscal annual agency reports are archival. The agency needs
to add archival code A and change the series item number to 1.1.066
to correspond to the 2nd edition of the Texas State Records Retention
Schedule. The TSBP needs to continue sending copies of annual
reports to the Publications Depository Program of the Texas State
Library and Archives Commission. Add note to Remarks column: "The
archival requirement for this series is fulfilled by sending the
required copies to the Publications Depository Program, Texas
State Library and Archives Commission (13 Texas Administrative
Code, Section 3.4(1)(A))." The agency needs to send copies
of annual reports from 1997 forward to the Publications Depository
Program.
return to top
Record Series Review
Series Title: Reports, Consultants and committees
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: unknown
Agency holdings:
Reports are to be retained for two years according to the agency
retention schedule. Reports are maintained with the board minutes,
located in the agency "library," dating from 1984 to
present, size unknown.
Description:
Records are consultants and committees reports dating from 1984-[ongoing]
of the Texas State Board of Pharmacy. Types of reports include
the findings of task force committees created to review rules
and legislation and consultant studies regarding agency organization,
technology needs, telephone needs, and strategic planning.
Purpose:
Consultants and committees reports provide a summary of findings
to the board.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Reports, Consultants and committees
Series item number: 1.1.034 [1998 RRS# 1.1.067]
Agency item number: 11025
Archival code: R
Retention: 2
Archival holdings:
The Archives and Information Services Division has some consultants
and committees reports included as attachments to minutes, dating
March to August 1984. One report is from the Board Advisory Committee
on Intensive Outpatient Home Health Care Pharmacies.
Texas Documents Collection holdings: None
Gaps? None at agency before 1984
Appraisal Decision:
Copies of consultants and committees reports are filed with the
archival series Board meeting minutes as part of Meetings-supporting
documentation. Consultant and committee reports contain information
used by the board to make decisions. If filed separately, this
series would be appraised as archival. As it stands, the reports
are filed as part of an archival series. Change archival review
code R to archival code A. Add note to Remarks column: "Record
copy filed with Meetings-supporting documentation." Reports
will be included on the microfiche copies of agenda, minutes,
and meetings-supporting documentation that will be transferred
to the Archives and Information Services Division.
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Record Series Review
Series Title: Speeches
Agency: Texas State Board of Pharmacy, Office of the Executive
Director
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: unknown
Agency holdings:
Speeches are retained by the agency for two years plus annual
review. Speeches date from 1993 to present; size is unknown. Files
are maintained electronically on the executive assistant to the
executive director's computer in WordPerfect from 1993-1996, and
from 1996 to present on the executive director's computer in PowerPoint,
although the retention schedule lists the medium as paper.
Description:
Records consist of speeches and testimony, plus PowerPoint slide
presentations, given mainly by the executive director of the Pharmacy
Board, dating 1993-[ongoing]. The audiences for these speeches
and presentations include organizations such as the National Association
of Boards of Pharmacy, Texas Pharmacy Association, and other interested
parties. Subjects are TSBP's policies, rules and regulations.
Purpose:
Speeches inform the public, associations, etc. about the Pharmacy
Board's policies, rules and regulations.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Office of the Executive Director provides policy advice to
the board, implements board policies, and manages the agency in
a manner to accomplish the Pharmacy Board's mission, goals, and
objectives.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological
Access constraints: None
Use constraints: Ability to use PowerPoint and WordPerfect
Indexes or finding aids required for/or an aid to access? None
Problems:
Retention schedule lists medium for Speeches as paper. Electronic
records are not considered archival unless the agency complies
with 13 Texas Administrative Code, Sections 6.91 to 6.99.
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Speeches
Series item number: 1.1.040
Agency item number: 11028
Archival code: R
Retention: 2+AR
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None prior to 1993
Appraisal Decision:
These speeches provide evidence of how the agency head views the
mission of the agency, which is important since the agency does
not have an administrative correspondence series. I recommend
this series be appraised as archival. TSBP staff should print
out and transfer paper copies of speeches to the Archives and
Information Services Division that have reached the retention
period of two years plus annual review, covering the years ca.
1993 to 1996. The archival code R should be changed to A on the
agency's retention schedule. The agency should transfer speeches
yearly in paper format as the speeches fulfill their retention
period.
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Record Series Review
Series Title: Litigation files
Agency: Texas State Board of Pharmacy, Adjudication & Legal
Support Services Division
Contact: Carol Fisher, Director of Adjudication & Legal Support
Services, 305-8036
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: varies
Agency holdings:
Litigation files are to be retained until completion plus one
year. Actual agency holdings date from 1998 to present and consist
of two cases; size is 5.3 cubic ft. Files are located in the office
of the general counsel.
Description:
Records are litigation files, including court documents, a district
judge's ruling, interrogatories and other documents produced during
discovery, for two lawsuits filed against the Texas State Board
of Pharmacy, dating 1998-[ongoing]. One lawsuit filed in September
1998 concerns a pharmaceutical company unhappy with administrative
rules developed after legislation was passed requiring the board
to take part in preparing a narrow therapeutic drug index. Narrow
therapeutic drugs have a small window of effectiveness, and are
easily under- or over-dosed. Another pharmaceutical company is
an interested third party in the case. The judge's ruling clarified
rule-making procedures for administrative agencies, determining
that all board members need to sign orders approving rules for
submission to the Texas Register. In the midst of the rulemaking
process, the TSBP re-proposed a rule with an improved financial
impact statement. In the recent legislative session, a law was
passed allowing agencies to correct administrative errors during
the rule-making process. TSBP staff believes this lawsuit may
have had some effect on the creation of the law. The suit is currently
on appeal to the Court of Civil Appeals. The second case concerns
the manufacturer of an automated dispensing system for drugs.
The manufacturer wants to place the system in nursing homes without
a pharmacy license, although nursing homes are not licensed to
provide pharmacy services to patients (except in emergencies).
This suit was filed in March 1999 and little has been done in
the litigation process. The Attorney General's Office is representing
the Pharmacy Board's interests in court.
Purpose:
Litigation files are created in the process of defending the agency
against lawsuits.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Adjudication and Legal Support Services Division monitors
complaints and prosecutes violations of the Texas Pharmacy Act,
Dangerous Drug Act, Controlled Substances Act, and rules promulgated
by the agency. The division monitors compliance with board orders
and provides adjudicative information to agency customers and
legal support to the agency.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement:
By case, then chronologically by new material received/requested
in the discovery process.
Access constraints:
Any records not subject to disclosure under the Texas Public Information
Act, Texas Government Code 552.001 et seq. [Because the agency
was without a general counsel when this record series review was
completed, the division director was not able to provide legal
advice by citing exceptions to public disclosure more precisely.]
Agency must waive exceptions to public disclosure.
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems:
Earlier litigation files were destroyed. The 1st edition of the
State Recommended Retention Schedule did not assign an archival
review code to litigation files, although the Remarks column said
"some cases that set legal precedents merit a review by the
State Archives for historical reasons."
Known related records in other agencies: Office of the Attorney
General, Litigation files
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series. Documentation
for two lawsuits was destroyed on November 3, 1997.
Publications based on records: None
Series data from agency schedule:
Title: Litigation files
Series item number: 1.1.048
Agency item number: 11031
Archival code:
Retention: AC+1
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None before 1998
Appraisal Decision:
Of the litigation files currently held by the Pharmacy Board,
one has significance in that it clarified the rule-making process
for administrative agencies and possibly served as a catalyst
for additional legislation affecting the rule-making process.
The subject, narrow therapeutic drugs, may be of interest to researchers.
Most if not all material at the board relating to narrow therapeutic
drugs has ended up in the litigation file during the discovery
process. It is too early to tell if the second case will be significant,
although the case could result in changes to nursing home involvement
in providing drugs to patients. I recommend the first case be
appraised as archival and transferred after the case has fulfilled
its retention period, and that the second case be reviewed after
the retention period has been met. Litigation files need to be
appraised on a case-by-case basis, although routine matters such
as employee grievances are generally not archival. The archival
review code R should be added and remain on the retention schedule
as long as there are litigation files that have not been appraised.
Add note to Remarks column: "Do not destroy litigation files
that have fulfilled their retention period until the Texas State
Library and Archives Commission, Archives and Information Services
Division has been contacted and conducted an archival review of
the files."
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Record Series Review
Series Title: Strategic plans
Agency: Texas State Board of Pharmacy
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional cubic ft.
Agency holdings:
Strategic plans are to be retained permanently by the agency.
Actual agency holdings cover fiscal years 1991-2003; size is 0.3
cubic ft. Plans are located in the executive director's office
at the Texas State Board of Pharmacy.
Description:
Records are strategic plans of the Texas State Board of Pharmacy,
covering fiscal years 1991-[ongoing]. Strategic plans include
a statement on the missions and goals of the agency, a description
of measures for outcome and output of the agency, the identification
of groups of people served by the agency, an analysis of the use
of resources by the agency, an analysis of expected changes due
to changes in state and federal law, a description of means and
strategies to meet the agency's needs, and a description of capital
improvement needs.
Purpose:
Strategic plans state the agency's mission, goals, objectives,
strategic measures, and needs.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological, then by subject within each plan
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: This is a publication.
Series data from agency schedule:
Title: Strategic plans
Series item number: 1.1.055
Agency item number: 11055
Archival code:
Retention: PM
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Texas Documents Collection holdings:
The archival requirement for this series is fulfilled by sending
the required copies of strategic plans to the Publications Depository
Program of the Texas State Library and Archives Commission (13
Texas Administrative Code, Section 3.4(1)(C)). The Texas Documents
Collection of the Archives and Information Services Division holds
strategic plans for the TSBP dating from 1990, 1994-1998 and covering
fiscal years 1991-2003. The Texas Documents Collection is missing
the strategic plan created in 1992.
Gaps? None created before 1990
Appraisal Decision:
Agency strategic plans are appraised as archival because they
provide evidence of the board's goals and objectives in a concise
manner. The board has sent strategic plans to the Publications
Depository Program since the plans were first created and should
continue to send agency strategic plans to fulfill the archival
requirement. Add archival code A to the retention schedule. Add
note to Remarks column: "The archival requirement for this
series is fulfilled by sending the required copies to the Publications
Depository Program, Texas State Library and Archives Commission
(13 Texas Administrative Code, Section 3.4(1)(C))." The agency
needs to send the 1992 strategic plan to the Archives and Information
Services Division.
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Record Series Review
Series Title: Exam administration file - Exam rosters
Agency: Texas State Board of Pharmacy, Administrative Services
& Licensing Division
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: 0.7 cubic ft.
Agency holdings:
According to the retention schedule, exam rosters are to be retained
by the agency for 75 years. Actual agency holdings date from 1975
to present; size is 4.2 cubic ft. Files are located in the office
of the exam specialist.
Description:
Records are exam rosters of the Texas State Board of Pharmacy
dating from 1975-[ongoing]. Rosters list all persons taking the
examination to become licensed as pharmacists, including name,
applicant identification number, type of exam taken (national
or reciprocity), row and seat number. Candidates are only allowed
to take the examination three times before additional coursework
is required.
Purpose:
Exam rosters verify who sat in what spot for the licensing examinations.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Administrative Services and Licensing Division is responsible
for administering agency operations including personnel, accounting,
budgeting, purchasing, property management, and information technology.
The division also conducts a pharmacy and pharmacist licensure
system, initial licensing by exam, and ongoing renewal of licenses.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological, then alphabetical and by row and
seat number
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Exam administration file, Exam rosters
Series item number:
Agency item number: 71006
Archival code: R
Retention: 75
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None before 1975
Appraisal Decision: Pharmacists as a profession affect public
health and safety. A record of individuals licensed as pharmacists
would be an important record; however, exam rosters are not limited
to those individuals licensed as pharmacists. The rosters contain
names of all persons taking the pharmacy licensing exam as well
as their seat location. This series is appraised as not archival.
The agency plans on changing the retention period from 75 years
to AV+3. The archival review code R needs to be replaced by archival
exception code E with the following note in the Remarks column:
"Archival review code removed subsequent to appraisal by
Archives and Information Services Division, Texas State Library
and Archives Commission, August 1999."
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Record Series Review
Series Title: Deceased master list
Agency: Texas State Board of Pharmacy, Administrative Services
& Licensing Division
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: fractional
Agency holdings:
The deceased master list is retained permanently. The list was
first created in 1984 and includes deaths from 1983 to present;
size is 0.216 cubic ft. [approximately 2 inches of computer paper].
List is located in the office of the Pharmacist Licensing Technician.
Description:
The record is a list of deceased pharmacists, 1983-[ongoing],
compiled annually from the database of registered pharmacists
before the records are purged from the system. The list was first
created in 1984 and death dates begin in 1983. The list contains
names, last known address, and pharmacist license number. One
list is cumulative covering 1983-1995; since 1996, separate lists
have been created for each year. The list is not complete since
the board is not always notified when pharmacists die. The board
is working with the Department of Health, Bureau of Vital Statistics
on a method for being notified when death certificates list pharmacist
as occupation of the deceased.
Purpose:
The deceased master list is created for informational purposes,
confirming why a pharmacist does not appear in the active files.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The Administrative Services and Licensing Division is responsible
for administering agency operations including personnel, accounting,
budgeting, purchasing, property management, and information technology.
The division also conducts a pharmacy and pharmacist licensure
system, initial licensing by exam, and ongoing renewal of licenses.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Chronological, then alphabetical within each list.
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title Deceased master list
Series item number:
Agency item number: 72011
Archival code:
Retention: PM
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None
Appraisal Decision:
The practice of pharmacy is a profession that affects the health,
safety, and well-being of Texas citizens to such a degree that
basic information on pharmacists licensed by the state should
be kept. However, the deceased master list is not a comprehensive
list since pharmacists might move out of state, lose their licenses
for a number of reasons, or die without the Pharmacy Board being
notified. I recommend this series be appraised as not archival.
Since this series did not have an archival review code, no changes
need to be made to the retention schedule.
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Record Series Review
Series Title: Investigative weekly activity report
Agency: Texas State Board of Pharmacy, Investigations Division
Contact: James Moore, Director of Investigations, 305-8043
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: 0.1 cubic ft.
Agency holdings:
Records are to be maintained permanently by the agency. Investigative
weekly activity report dates are unknown; size is approximately
2 cubic ft. Reports are located in the office of the Director
of Investigations.
Description:
Records are investigative weekly activity reports of the Texas
State Board of Pharmacy dating from [19--]-[ongoing]. Reports
are submitted to the Director of Investigations by staff investigators.
Reports document investigations, joint investigations, administrative
work, court/disciplinary hearings attended, training, etc. Investigations
relate to surveillance, filing investigational prescriptions,
and attempted purchases and purchases of evidentiary drugs.
Purpose:
Reports summarize the activities of the Board's investigators.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Investigations Division investigates alleged violations and
transfers swiftly to adjudication substantial violations of the
Texas Pharmacy Act, Dangerous Drug Act, Controlled Substances
Act, and rules promulgated pursuant to the acts.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: By investigator, then chronological, then by case
within each report.
Access constraints:
Board investigative files and all information and materials compiled
by the board in connection with an investigation are confidential.
They can be disclosed to persons engaged in bona fide research
if all individual-identifying information has been deleted (V.T.C.S.,
Art. 4542a-1, Section 17(q), 27A(d), 27B(c)). Identifying information
must be removed before use by researchers.
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Investigative weekly activity report
Series item number:
Agency item number: 82004
Archival code:
Retention: PM
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? Unknown
Appraisal Decision:
Investigative weekly activity reports summarize actions of Pharmacy
Board investigators, providing information on pharmacists who
may have broken the law or acted unethically. Any investigations
that result in action taken by the board are documented in the
series Disciplinary orders from November 1976-[ongoing], and disciplinary
actions are summarized in the series Meeting minutes prior to
November 1976. The disciplinary orders provide information about
the offense and the actions taken by the board, unless confidential
under Section 17q, 27A or 27B of the Pharmacy Board. I recommend
this series be appraised as not archival since sufficient information
about pharmacists and pharmacies disciplined by the board is contained
in the archival series Meeting minutes and Disciplinary orders.
Since this series did not have an archival review code, no changes
need to be made to the retention schedule.
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Record Series Review
Series Title: Disciplinary orders
Agency: Texas State Board of Pharmacy, Adjudication & Legal
Support Services Division
Contact: Carol Fisher, Director of Adjudication & Legal Support
Services, 305-8036
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: less than one cubic ft.
Agency holdings:
Disciplinary orders are retained for 75 years. From the first
action in September 1913 to November 1976, disciplinary actions
were pasted in the meeting minutes, located in the agency's library.
Since November 1976, disciplinary orders have been separate from
the minutes and are kept in three ring binders in the office of
the legal administrative assistant. Size since November 1976 is
13.8 cubic ft.
Description:
Records are disciplinary orders dating from November 1976-[ongoing]
for the Texas State Board of Pharmacy. Orders disciplining pharmacists
and pharmacies are entered every three months at the board meetings.
Prior to November 1976, disciplinary actions were included in
the meeting minutes. Actual documents concerning disciplinary
actions taken by the board were pasted into the bound volumes
containing the minutes. After November 1976, disciplinary orders
were filed separately, although basic information about pharmacists
and pharmacies disciplined are listed in the minutes. The first
disciplinary action, recorded in September 1913, concerned the
unlawful sale of morphine, and "no action" was taken.
Purpose:
Disciplinary orders discipline licensed pharmacists and pharmacies.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
The Adjudication and Legal Support Services Division monitors
complaints and prosecutes violations of the Texas Pharmacy Act,
Dangerous Drug Act, Controlled Substances Act, and rules promulgated
by the agency. The division monitors compliance with board orders
and provides adjudicative information to agency customers and
legal support to the agency.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Alphabetical by pharmacist or pharmacy
Access constraints:
According to the agency, the following provisions affect the confidentiality
of this series.
Provisions of the Texas Pharmacy Act, Vernon's Ann. Civ. St.,
Article 4542a-1, Sections 17(q), 27A(d), 27B(c), and provisions
of the Public Information Act, V.T.C.A., Government Code, Section
552.101. The statutes cited above protect broad categories of
information relating to disciplinary orders from disclosure. Under
section 17(q) of the Texas Pharmacy Act, board investigative files
and all information and materials compiled by the board in connection
with an investigation are confidential. Under section 27A(d),
the records and proceedings of the board are confidential. There
are exceptions to section 17(q) and 27A(d) set forth in the act.
Section 27B(c) provides that the identity of a person who reports
to or assists the board and any document that could disclose the
identity of that person is confidential. Finally section 552.101
of the Public Information Act excepts information from disclosure
if it is confidential by law, either constitutional, statutory,
or by judicial decision.
Board orders and agreed board orders are public information unless
the orders are confidential pursuant to section 27A of the Texas
Pharmacy Act. In that case, section 27A(j) provides that the board
may disclose that the license of a pharmacist who is subject to
a confidential order is suspended, revoked, canceled, restricted,
or retired or that the pharmacist is in any matter limited in
the practice of pharmacy. The board may not disclose the nature
of the impairment or other information that resulted in board
action.
Confidential information must be redacted before use by researchers.
For orders resulting from pharmacist impairments, orders are confidential
and summary information can be provided. Available on microfiche,
although restricted to staff use since confidential information
cannot be redacted from the fiche.
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: The agency newsletter publishes
a summary of orders.
Series data from agency schedule:
Title: Disciplinary orders
Series item number:
Agency item number: 83002
Archival code:
Retention: 75
Archival holdings:
A few board orders and agreed board orders are included as attachments
to minutes dating March to August 1984.
Gaps? None
Appraisal Decision:
Disciplinary actions are included in minutes to November 1976
(by pasting sheets detailing each action taken into the bound
volumes of minutes). After November 1976, information about disciplinary
steps taken by the board (beyond basic information about pharmacists
and pharmacies disciplined that is listed in minutes) is found
in the series Disciplinary orders. Since pharmacy is a profession
that seriously affects the health, safety, and well being of Texas
citizens, documentation should be kept on pharmacists and pharmacies
that have endangered that well being. Because this series contains
confidential information, copies of orders may not be found in
the series Meetings-supporting documentation. I recommend this
series be appraised as archival. Archival code A should be added
to the retention schedule. Orders will not need to be transferred
until ca. 2050.
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Record Series Review
Series Title: Adjudication worksheets
Agency: Texas State Board of Pharmacy, Adjudication & Legal
Support Services Division
Contact: Carol Fisher, Director of Adjudication & Legal Support
Services, 305-8036
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: approx. 3-4 cubic ft.
Agency holdings:
According to the retention schedule, adjudication worksheets are
retained until after completion plus seventy-five years. [This
is an error; the agency plans to correct the retention to AV (administratively
valuable).] Actual agency holdings date from FY 1996, FY 1998,
and 1998 forward (corresponding to retention periods of up to
FY+1, AC+1, and FY+3 depending on the type of material). Size
is 3-4 cubic ft. Files are located in the Enforcement file room,
and offices of the division director, senior enforcement officer,
senior administrative assistant, and legal administrative assistant.
Description:
Records include complaint worksheets, route slips for complaints
and legal documents, requests for complaint forms, back-up documentation
for quarterly reports to the Legislative Budget Board regarding
agency's performance measures, director's worksheets for division's
annual reports, back-up documentation for employee performance
evaluations (employee activity reports), and reminder lists (computer
printouts of past due conditions, which are used to monitor a
licensee's compliance with disciplinary orders), and caseload
lists. Adjudication worksheets date from fiscal year 1996-[ongoing].
Most of the series consists of transitory information. Complaint
worksheets are created when a complaint against a pharmacist or
pharmacy is received at the Texas State Board of Pharmacy, and
details each action taken by the board staff in resolving the
complaint.
Complaints resulting in board action against the pharmacy or
pharmacist are documented in the series Meeting minutes before
November 1976, and in Disciplinary orders after November 1976.
Director's worksheets for division's annual reports are summarized
in the archival series Non-fiscal annual reports.
Purpose:
Adjudication worksheets are internal work products that provide
a chronological detailing of action taken by the board in working
to resolve complaints from consumers against pharmacies and pharmacists.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
The Adjudication and Legal Support Services Division monitors
complaints and prosecutes violations of the Texas Pharmacy Act,
Dangerous Drug Act, Controlled Substances Act, and rules promulgated
by the agency. The division monitors compliance with board orders
and provides adjudicative information to agency customers and
legal support to the agency.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: Generally chronological
Access constraints:
Any records relating to an impairment defined by Section 27A of
the Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1,
because agency records and proceedings that relate to impaired
licensees are confidential under Section 27A(d) of the Texas Pharmacy
Act.
Any documents that could disclose the identity of a person who
reports to or assists the board under Section 27B of the Texas
Pharmacy Act, because such records are confidential under that
provision.
Any records contained in the agency's investigative files, because
such files are confidential under Section 17(q) of the Texas Pharmacy
Act.
Any records not subject to disclosure under the Texas Public Information
Act, V.T.C.A., Government Code, Section 552.001 et seq.
These are short term internal work products and confidential
information would have to be redacted before use by researchers.
Use constraints: None
Indexes or finding aids required for/or an aid to access? None
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Adjudication worksheets
Series item number:
Agency item number: 83005
Archival code:
Retention: AC+75
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? None before ca. 1996 or 1998 for different groups of materials
Appraisal Decision:
Adjudication worksheets are short-term, internal work products.
Resulting information can be found in the series Biennial budget
requests, Annual reports, Performance measures, Disciplinary orders,
and Meeting minutes. I recommend this series be appraised as not
archival. The agency had incorrectly coded the retention period
as AC+75, but actually uses purpose served. The agency needs to
correct the retention period to AV (administratively valuable)
which is the replacement for PS (purpose served) in the 2nd edition
of the Texas State Records Retention Schedule. Since this series
did not have an archival review code, no changes need to be made
to the retention schedule.
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Record Series Review
Series Title: Registers of pharmacists
Agency: Texas State Board of Pharmacy, Administrative Services
& Licensing Division
Obsolete record series? Yes
Replaced by: Electronic licensing records
Ongoing record series? No
Annual accumulation:
Agency holdings:
Registers are not on the retention schedule. Records are two volumes-one
dating 1907 to 1926, the other 1908-1943, 1948-1975, located in
the agency's library.
Description:
Records are two registers of pharmacists. One register has a header
on each page showing it is an alphabetical list of permits issued
to pharmacists in towns of less than 1000. The permits were issued
from 1907 to 1912 while the register contains notations to ca.
1926; the volume appears to have been compiled ca. 1923. The register
includes date issued, name of pharmacist, permit number, city,
and notes. Notes include years fees paid, if special examinations
were taken, and whether a pharmacist had died (although the date
of death is not included). The second register began as a reciprocity
register, dating 1908-1943, 1948-1975, listing only those pharmacists
receiving licenses in Texas who had been licensed elsewhere. Beginning
in 1956, the register includes information on individuals licensed
by examination. The register includes date of issue, name of pharmacist,
Texas certificate number, application number, state where licensed,
number of credential certificate, address, and sometimes notes.
Lists of licensees were usually approved at board meetings, and
lists of licensees by exam were included in meeting minutes prior
to 1956. By 1919, street address was included with city and state.
Purpose:
Registers of pharmacists provide proof that pharmacists were licensed
to practice by the state.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Administrative Services and Licensing Division is responsible
for administering agency operations including personnel, accounting,
budgeting, purchasing, property management, and information technology.
The division also conducts a pharmacy and pharmacist licensure
system, initial licensing by exam, and ongoing renewal of licenses.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement:
One register is alphabetical; the other is numerical (which is
generally chronological).
Access constraints: None
Use constraints: None
Indexes or finding aids required for/or an aid to access? No
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Not on agency schedule, obsolete series. No corresponding series
on the State Records Retention Schedule.
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps?
For the first volume, no new entries were listed after July 1912;
notations not added after 1926. The second volume is missing 1944-1947,
no entries were added after 1975.
Appraisal Decision:
Registers of pharmacists provide information about pharmacists
since the profession was first regulated by the state, for that
reason the registers have historical significance. Cathy Stella
has received several genealogical requests that are answered using
these registers; more requests for information have been received
since the agency placed its web site on the Internet. The practice
of pharmacy affects the health and well being of Texas citizens
to such an extent that a record of those pharmacists licensed
by the state should be maintained. I recommend this series be
appraised as archival. The registers can be transferred immediately
to the Archives and Information Services Division since it is
an obsolete series.
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Record Series Review
Series Title: Electronic licensing records (Pharmacist)
Agency: Texas State Board of Pharmacy, Administrative Services
& Licensing Division
Obsolete record series? No
Replaced by:
Ongoing record series? Yes
Annual accumulation: approximately 800 new licensees each year
Agency holdings:
Retention period is until superseded; actual dates covered by
the database are unknown. Over 19,000 pharmacists are included
in the database.
Description:
The record is a database containing information on the more than
19,000 pharmacists licensed by the state of Texas. Data for each
pharmacist may include name, address, pharmacist license number,
social security number, and may also include information on complaints,
investigations, or orders made against the individual. The electronic
licensing records are compiled from information found in the historical
applications file, and possibly other sources.
Purpose:
The electronic licensing records provide ready access to information
on pharmacists licensed by the board.
Agency Program:
Statewide regulation of pharmacists in Texas began in 1907 with
the passage of the Texas Pharmacy Act, creating the Texas State
Board of Pharmacy. The purpose of the act is to promote, preserve
and protect public health, safety and welfare through effective
control and regulation of the practice of pharmacists and licensing
of pharmacies engaged in the sale, delivery or distribution of
prescription drugs and devices (Senate Bill 82, 30th Legislature,
Regular Session). Before the Pharmacy Act was enacted, pharmacists
were regulated locally by district boards, each composed of three
pharmaceutical examiners, beginning in 1889 (House Bill 125, 21st
Legislature, Regular Session).
The Texas State Board of Pharmacy is composed of nine members,
appointed by the governor with the advice and consent of the Senate.
Six members must be licensed pharmacists in practice for at least
five years immediately preceding appointment, and three are members
of the general public. Pharmacists must mainly represent community
and institutional pharmacies, may not be salaried faculty of colleges
of pharmacy, and may not be an officer or spouse of an officer
of a trade association in health care. The board elects a president,
vice-president, and treasurer, and selects an executive director
who is a registered pharmacist to serve as secretary and ex-officio
(non-voting) member of the board and to administer the agency.
The board is responsible for enforcing the Texas Pharmacy Act
and all laws pertaining to the practice of pharmacy, as well as
cooperating with other state and federal agencies regarding violations
of drug or drug-related laws.
The board's duties include: licensing pharmacists by examination
or by reciprocity; licensing pharmacies; renewing pharmacists'
licenses annually; maintaining a register of pharmacists; approving
degree programs for colleges of pharmacy; investigating complaints
of alleged violations of laws relating to the practice of pharmacy;
disciplining pharmacists; specifying conditions for pharmacists
administering medications (including immunizations and vaccinations);
regulating the training, qualification, and employment of pharmacist-interns;
and enforcing the Texas Pharmacy Act and rules adopted under the
act.
In 1981 the Pharmacy Board began using ad hoc task forces composed
of registered pharmacists to assist in the pre-rulemaking process.
Currently two task forces are studying issues for the board: the
Taskforce on Pharmacists Working Conditions and their Impact on
the Public Health and the Task Force on Technician Training.
The executive director of the Board of Pharmacy is a voting member
of the Health Professions Council, which was created to coordinate
administrative and regulatory efforts for health-related licensing
agencies in Texas. The Board of Pharmacy is a member of the National
Association of Boards of Pharmacy (NABP).
In 1998 the agency had approximately 42 FTE employees in the
Office of the Executive Director and four divisions: Administrative
Services and Licensing, Compliance, Investigations, and Adjudication
and Legal Support Services with headquarters in Austin. The board
licenses approximately 19,000 pharmacists and 5,400 pharmacies
annually.
The Administrative Services and Licensing Division is responsible
for administering agency operations including personnel, accounting,
budgeting, purchasing, property management, and information technology.
The division also conducts a pharmacy and pharmacist licensure
system, initial licensing by exam, and ongoing renewal of licenses.
Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1
Texas Dangerous Drug Act, V.T.C.A., Health and Safety Code, Chapter
483
Texas Controlled Substances Act, V.T.C.A., Health and Safety Code,
Chapter 481
Arrangement: By pharmacist. This database is likely searchable.
Access constraints:
Includes confidential material concerning investigations and impairments
(Texas Pharmacy Act, Vernon's Ann. Civ. St., Article 4542a-1,
Sections 17q, 27A, and 27B.). Social security numbers may be confidential
under federal law, and would be excepted from public disclosure
under the Public Information Act, V.T.C.A., Government Code, Section
552.101. Confidential material must be filtered before use by
researchers.
Use constraints: None
Indexes or finding aids required for/or an aid to access? Unknown
Problems: None
Known related records in other agencies: None
Previous destructions:
Destruction requests on file in the Archives and Information Services
Division of the Texas State Library and Archives Commission were
checked for the Texas State Board of Pharmacy and none were found
for this series or the equivalent or related series.
Publications based on records: None
Series data from agency schedule:
Title: Electronic licensing records (Pharmacist)
Series item number:
Agency item number: 72013
Archival code:
Retention: US
Archival holdings:
None at the Archives and Information Services Division of the
Library and Archives Commission
Gaps? Unknown
Appraisal Decision:
The series Electronic licensing records (Pharmacist) continues
information once found in registers and minutes of the Pharmacy
Board which date back to 1907. Because pharmacists affect the
health and safety of Texas citizens to such an extent, basic information
about licensed pharmacists is archival. The series Electronic
licensing records (pharmacist) is a convenient summary of information
found in the historical applications file, and confidential information
can easily be redacted when outputting to microfilm. The electronic
licensing records serve as an index to the historical applications
files. An alphabetical listing of pharmacists can also be used
for genealogical and biographical purposes.
Since the electronic licensing records provide the most summary
information about pharmacists with the least amount of problems,
computer output microfilm is the best way to provide access to
this archival information. In accordance with 13 Texas Administrative
Code, Sections 6.91-6.99, the agency should have the State and
Local Records Management Division create computer output microfilm
(COM) annually after records are updated. The database is updated
as needed and purged annually. The entire database should be included
the first time, after that, only records which have changed significantly
need to be included in an annual update of computer output microfilm.
A copy of the microfilm should then be transferred to the Archives
and Information Services Division. Confidential information should
not be included in the output. Upon transfer of the first microfilm,
this appraisal decision will be reviewed and any changes will
be suggested before the next re-certification process, circa 2001.
We would reappraise based on the ease of use of the computer output
microfilm, research quality of the information included, and advances
in electronic technology.
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