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Texas MPJE February 2024 Updated Already
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What is the Texas Pharmacy Act? - correct answer Primary law governing the practice of pharmacy in Texas. It establishes the Texas State Board of Pharmacy and its authorities/responsibilities in regulating the practice of Pharmacy Purpose of the Texas Pharmacy Act and the Texas Board of Pharmacy? - correct answer To promote, preserve, and protect the public health, safety, and welfare through: effectively controlling and regulating the practice of pharmacy and licensing pharmacies engaged in the sale, delivery, or distribution of prescription drugs and devices used in diagnosing and treating injury, illness, and disease How many board members does the Texas State Board of Pharmacy have? - correct answer Eleven (11) members -Seven (7) pharmacists -One (1) pharmacy technician -Three (3) public members What are the qualifications for Texas's seven (7) pharmacist board members? - correct answer Must: -represent Class A (community) or Class C (institutional) -be a resident of Texas -have been licensed in Texas for at least 5 years prior -be actively practicing pharmacy Are the board members appointed or elected? - correct answer Appointed by the governor of Texas with advice and consent of the senate How long do board members serve? - correct answer Six (6) year term No more than 2 consecutive terms
How often shall the board hold a meeting? - correct answer Quarterly (four times per year) Explain the rule making authority of the Texas Board of Pharmacy? - correct answer 1) Administering and enforcing the Texas Pharmacy Act, rules, and other laws related to the practice of pharmacy
- Regulating the practice of pharmacy by: issuing & renewing licenses; determining and issuing standards for recognizing and approving degree requirements of college of pharmacy; specifying and enforcing requirements for practical training including internship; regulating the training, qualifications, and employment of pharmacist interns and pharmacy technicians What is unlawful practice of pharmacy? - correct answer It is unlawful to practice pharmacy without a license or fraudulently obtain a license Discuss PHARMACIST-INTERN registration? - correct answer A person must register with the board before beginning a board-approved internship in this state. An application for registration as a pharmacist-intern must be on a form prescribed by the board. A person 's registration as a pharmacist-intern remains in effect as long as the person meets the qualifications for an internship specified by board rule. How many times can a licensing exam be taken? - correct answer a total of 5 times Licensure by examination qualifications of a Pharmacist - correct answer at least 18 years old completed internship (1740+ hours) graduated and received professional practice degree passed NAPLEX and MPJE has not had a license in another state restricted, suspended, revoked or surrendered What is the license renewal period for pharmacists? - correct answer -Initially, a temporary thirty (30) day license is issued -Then, license renews every two (2) years on the last day of assigned month (applicant's birth month)
Human Trafficking Prevention - 1 Texas HHSC-approved Discuss the unlawful use of the word "pharmacy" - correct answer The use of the word pharmacy or apothecary that would lead the public to believe that the business is a pharmacy is not permitted unless the business is a licensed pharmacy Describe the procedure for placing a pharmacist license on inactive status - correct answer A license holder may place the holder 's license on inactive status by: (1)Applying for inactive status before the expiration date of the license (2)Complying with all other requirements for renewal of a license other than the continuing education requirements under Subchapter B. A holder of a license that is on inactive status may not practice pharmacy in this state What are the grounds for disciplinary action against a pharmacist's license? - correct answer (1) violated this subtitle or a board rule adopted under TPA (2) engaged in unprofessional conduct as defined by board (3) engaged in gross immorality as defined by board (4) developed an incapacity that prevents or could prevent the applicant or license holder from practicing pharmacy with reasonable skill, competence, and safety to the public; (5) engaged in fraud, deceit, or misrepresentation, as defined by board rule, in practicing pharmacy or in seeking a license to practice pharmacy; (6) been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for:
(7) used alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life; (8) failed to maintain records required by this subtitle or failed to maintain complete and accurate records of purchases or disposals of drugs (10) aided or abetted an unlicensed person in the practice of pharmacy (11) refused entry into a pharmacy for an inspection authorized by this subtitle (12) violated any pharmacy or drug statute or rule of this state, another state, or the United States; (13) been negligent in the practice of pharmacy; (14) failed to submit to an examination after hearing and being ordered to do so by the board under Section 565.052; (15) dispensed a prescription drug while acting outside the usual course and scope of professional practice; (16) been disciplined by a pharmacy board or by another health regulatory board of this state or another state for conduct substantially equivalent to conduct described under this subsection; Describe requirements for the display of pharmacist license - correct answer Pharmacies shall display their pharmacy license in public view (pharmacist and technicians are no longer required to display licenses or renewal certificate) The board may discipline an applicant for or the holder of a pharmacy license, including a Class E pharmacy license subject to Section 565.003, if the board finds that the applicant or license holder has: - correct answer 1) been convicted of or placed on deferred adjudication community supervision or deferred disposition or the applicable federal equivalent for: (A) a misdemeanor involving moral turpitude; or
(12) been responsible for a drug audit shortage; (13) been disciplined by the regulatory board of another state (14) waived, discounted, or reduced, or offered a patient copayment or deductible for a compounded drug in the absence of: (A) a legitimate, documented financial hardship of the patient; or evidence of a good faith effort Discuss the temporary suspension or restriction of a license - correct answer The president of the board shall appoint a three-member disciplinary panel consisting of board members to determine whether a license under this subtitle should be temporarily suspended or restricted If a majority of the disciplinary panel determines from evidence or information presented to the panel that the holder of a license by continuation in the practice of pharmacy or in the operation of a pharmacy would constitute a continuing threat to the public welfare, the panel shall temporarily suspend or restrict the license (1) after a hearing conducted by the panel after the 10th day after the date notice of the hearing is provided to the license holder; or (2) without notice or hearing if, at the time the suspension or restriction is ordered, a hearing before the panel is scheduled to be held not later than the 14th day after the date of the temporary suspension or restriction to determine whether the suspension or restriction should be continued. A pharmacist may dispense a generically equivalent drug or interchangeably equivalent biological drug product (permissive substitution) if: - correct answer 1) The product costs less than the brand name
- The patient does not refuse the substitution
- The provider has not prohibited substitution by a dispensing directive A Pharmacist may exercise their professional judgement in refilling prescriptions for a drug other than a CII controlled substance with respect to emergency refills without authorization from the prescriber if: - correct answer 1) The quantity dispensed does not exceed a 72-hr supply
- Failure to refill may result in treatment interruption or create patient suffering 2)Natural or manmade disaster has occurred that prohibits pharmacist from contact the prescribe after reasonable effort
- The Governor declares a disaster and if notified by TSBP the pharmacist may dispense a 30-day supply
- Pharmacist informs patient that refill has not been authorized and requires authorization in the future and; -notifies the prescriber at the earliest reasonable time -pharmacist maintains a record of the refill -labels refill as prescription Discuss the administration and provision of dangerous drugs by practitioners: - correct answer Texas generally does not permit practitioner dispensing unless except in the case of:
- Physician may provide 72 hr supply in office to meet patients immediate need (no controlled substances)
- Physicians in certain rural areas where there is no pharmacy may dispense dangerous drugs to patients and be reimbursed for the cost
- Veterinarians are allowed to dispense to their own patients without being licensed as a pharmacy+ A confidential record is privileged and a pharmacist may release a confidential record only to: - correct answer (1) the patient or the patient's agent (2) a practitioner or another pharmacist if the release is necessary to protect the patient's health and well-being
- Engaging in act which is a felony
- Engaging in sexually deviant behavior
- Having to register as a sex offender Discuss what constitutes "fraud, deceit, or misrepresentation" - correct answer (1) "Fraud" means an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him, or to surrender a legal right, or to issue a license; a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives or is intended to deceive another. (2) "Deceit" means the assertion, as a fact, of that which is not true by any means whatsoever to deceive or defraud another. (3) "Misrepresentation" means a manifestation by words or other conduct which is a false representation of a matter of fact. What are the grounds for disciplining a pharmacy's license? - correct answer (1) the pharmacy employs or allows such an individual with revoked/suspended/surrendered license access to prescription drugs; (2) the pharmacy possesses or engages in the sale, purchase, or trade or the offer to sell, purchase, or trade prescription drug samples (3) the pharmacy engages in the sale, purchase, or trade or the offer to sell, purchase, or trade of: (A) misbranded prescription drugs; or (B) prescription drugs beyond the manufacturer's expiration date. (5) the owner or managing officer has previously been disciplined by the board (6) a non-resident pharmacy fails to reimburse the board or its designee for all expenses, including travel, incurred by the board in inspecting the non-resident pharmacy as specified in
(7) the owner, managing officer(s), or other pharmacy employee(s) displays abusive, intimidating, or threatening behavior toward a board member or employee during the performance of such member's or employee's lawful duties; or (8) the pharmacy waived, discounted, or reduced, or offered to waive, discount, or reduce, a patient copayment or deductible for a compounded drug in the absence of: (A) a legitimate, documented financial hardship of the patient; or (B) evidence of a good faith effort to collect the copayment or deductible from the patient. A pharmacy fails to establish and maintain effective controls against diversion of prescription drugs when: - correct answer (1) there is inadequate security or procedures to prevent unauthorized access to prescription drugs; OR (2) there is inadequate security or procedures to prevent the diversion of prescription drugs. Describe the boards disciplinary procedures against a license - correct answer (1) "Probation" means a period of supervision by the board imposed against a license or registration for a term and under conditions as determined by the board, including a probation fee. (2) "Reprimand" means a public and formal censure against a license or registration. (3) "Restrict" means to limit, confine, or restrain a license for a term and under conditions determined by the board. (4) "Revoke" means a license or registration is void and may not be reissued; provided, however, upon the expiration of 12 months from and after the effective date of the order revoking a license or registration, the license or registration may be reinstated by the board upon the successful completion of any requirements determined by the board. (5) "Suspend" means a license is not in effect for a period of time as determined by the board.
What are the goals of pharmacy internship? - correct answer The goal of internship is for the pharmacist-intern to attain the knowledge, skills, and abilities to safely, efficiently, and effectively provide pharmacist-delivered patient care to a diverse patient population and practice pharmacy under the laws and regulations of the State of Texas What are the competency objectives of internship - correct answer A) Provides drug products. (B) Communicates with patients and patients' agents about prescription drugs . (C) Communicates with patients and patients' agents about nonprescription products, devices, dietary supplements, diet, nutrition, traditional nondrug therapies, complementary and alternative therapies, and diagnostic aids. D) Communicates with healthcare professionals, patients and patients' agents. (F) Maintains professional-ethical standards (G) Drug Compounding (H) Retrieves and evaluates drug information (I) Manages general pharmacy operations. (J) Participates in public health, community service or professional activities (K) Demonstrates scientific inquiry. A person may be designated an extended-intern provided they have met one of the following requirements - correct answer (A) passed the NAPLEX and Texas MPJE but lacks the required number of internship hours for licensure;
(B) applied to the board to take the NAPLEX and Texas Pharmacy Jurisprudence Examination within six calendar months after graduation and has: (i) graduated and received a professional degree from a college/school of pharmacy; or (ii) completed all of the requirements for graduation and receipt of a professional degree from a college/school of pharmacy. (C) applied to the board to take the NAPLEX and Texas MPJE within six calendar months after obtaining full certification from the Foreign Pharmacy Graduate Equivalency Commission; (D) Applied to the board for re-issuance of a pharmacist license which has expired for more than two years but less than ten years and has successfully passed the Texas MPJE, but lacks the required number of hours of internship or continuing education required for licensure; (E) is a resident in a residency program in the state of Texas and has not previously failed more than once either the NAPLEX or Texas Pharmacy Jurisprudence Examination; or (F) been ordered by the Board to complete an internship. Minimum intern hours for pharmacist licensure? - correct answer 1740 A pharmacist-intern participating in a board-approved internship program may perform any duty of a pharmacist provided the duties are delegated by and under the supervision of: - correct answer (1) a pharmacist licensed by the board and approved as a preceptor by the board; or (2) a healthcare professional preceptor When not under the supervision of a pharmacist preceptor, a pharmacist-intern may function as a pharmacy technician and perform all of the duties of a pharmacy technician without registering as a pharmacy technician provided the pharmacist-intern: - correct answer (1) is registered with the board as a pharmacist-intern; (2) is under the direct supervision of a pharmacist; (3) has completed the pharmacy's on-site technician training program;
A person whose pharmacy license, license to practice pharmacy, pharmacy technician registration, or pharmacy technician trainee registration in this state has been revoked or restricted whether voluntarily or by board action, may, after the first anniversary of the effective date of the revocation or restriction, petition the board for reinstatement or removal of the restriction of the license or registration. (b) The petition must be in writing and in the form prescribed by the board. (c) A person petitioning for reinstatement or removal of a restriction has the burden of proof. Requirements for Application for a Pharmacist License Which Has Expired - correct answer <90 days, the person may renew the license by: (1) paying to the board a renewal fee that is equal to 1.5x the renewal fee for the license
90 days but >1 year, the person may renew the license by: (1) paying to the board a renewal fee that is equal 2x the renewal fee for the license 1 year or more. If a person's license to practice pharmacy in Texas has been expired for one year or more, the person may not renew the license and shall apply for a new license. What is the minimum requirement for security of the pharmacy (i.e., alarms)? - correct answer At a minimum, the pharmacy must have a basic alarm system with off-site monitoring and perimeter and motion sensors How shall prescription hard copies be separated/stored according to TSBP rules? 291.34 (a)(2)(3) - correct answer Three (3) separate files *CII *CIII, IV, and V *Non-controlled substances Must storage area be on site for hard copies of prescriptions? 291.34 (a)(1)(A)(B) - correct answer YES
*Shall be kept by the pharmacy at the pharmacy's licensed location and be available, for at least two years If an inventory or other record is requested by an authorized agent of the Texas State Board of Pharmacy, how long does the pharmacy have to supply the records? 291.34 (a)(1)(B) - correct answer Supplied by the pharmacy within seventy-two (72) hours What are the sign requirements for counseling? - correct answer Pharmacy SHALL post a sign: *No smaller than 8.5 inches by 11 inches *That states: "Do you have questions about your prescription? Ask the pharmacist." *In both English and Spanish When a pharmacy changes its name, the following is applicable - correct answer A new completed pharmacy application must be filed with the board within 10 days of the change of name of the pharmacy When a pharmacy changes location, a new completed pharmacy application must be filed with the board not more than how many days? 291.3 (a)(1)(A) - correct answer Thirty (30) days before the date of the change When a pharmacy changes location, the PIC shall post a sign in a conspicuous place indicating that the pharmacy is changing locations. What is the timeframe? 291.3 (a)(2) - correct answer At least 14 days prior to the change of location What is the timeframe to notify the board when there is a change of managing officers of a partnership or corporation which owns a pharmacy? 291.3 (c)(1) - correct answer Within ten (10) days - owner of the pharmacy shall notify The incoming PIC shall be responsible for notifying the board in writing on a form provided by the board that a change of PIC has occurred. What is the timeframe? 291.3 (e)(2) - correct answer Within ten (10) days in writing
The inventory shall be kept in the pharmacy and shall be available for inspection for two years. The inventory of Schedule II controlled substances shall be listed separately from the inventory of Schedules III-V controlled substances The inventory shall be filed separately from all other records. The inventory may be taken either as of the opening of business or as of the close of business on the inventory date. CII count must be EXACT CIII-V count can be an estimate unless the container holds more than 1,000 tablets or capsules in which case, an exact count of the contents must be made. Perpetual Inventory: - correct answer Class C or Class C-S pharmacy shall maintain a perpetual inventory of all Schedule II controlled substances. (B) The perpetual inventory shall be reconciled on the date of the annual inventory What are the responsibilities of a PIC (Pharmacist in Charge)? - correct answer The legal operation of a pharmacy Educating and training pharmacy technicians Maintenance of all records What is the responsibility of the owner of a Class A pharmacy? - correct answer All administrative and operational functions of the pharmacy. If the owner is not a Texas licensed pharmacist, the owner shall consult with the pharmacist-in-charge or another Texas licensed pharmacist for establishing policies and procedures Generally a PIC can only be the PIC of one Class A Pharmacy, the exception to this is when.... - correct answer - Can be a PIC of more than one pharmacy if the additional class A pharmacy is not open at the same time
OR
- During an emergency, can be the PIC of up to two Class A pharmacies open simultaneously if the PIC works at least 10 hours per week in each pharmacy for no more than a period of 30 consecutive days What are the responsibilities of Pharmacists in Class A Pharmacy? - correct answer Pharmacists are solely responsible for the direct supervision of pharmacy technician/trainees. Each pharmacist is responsible for any delegated act performed by pharmacy technicians/trainees under his or her supervision. While on duty, all pharmacist are responsible for the legal operation of the pharmacy and for complying with all state and federal laws or rules governing the practice of pharmacy. A dispensing pharmacist (pharmacist who does final check) is responsible for ensuring drugs are dispensed and delivered safely and accurately as prescribed. What duties can only be performed by a Pharmacist? - correct answer 1. Receiving verbal RX for controlled substances
- Interpreting prescription drug orders
- Selecting drug products (generic substitutions)
- Performing final check of dispensed RX
- Patient/Patient's agent Counseling
- Assuring that a reasonable effort is made to obtain, record, and maintain patient medication records
