Texas Occupations Code 556.053 – Extent of Inspection; Confidentiality
(a) Except as otherwise provided in an inspection warrant, the person authorized to represent the board may:
(1) inspect and copy documents, including records or reports, required to be kept or made under this subtitle, Chapter 481 or 483, Health and Safety Code, or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.) or rules adopted under one of those laws;
(2) inspect, within reasonable limits and in a reasonable manner, a facility’s storage, equipment, security, prescription drugs or devices, components used in compounding, finished and unfinished products, or records; or
(3) perform an inventory of any stock of prescription drugs or devices, components used in compounding, or finished and unfinished products in a facility and obtain samples of those substances.
(b) Reports, records, formulas, and test results of samples of products compounded by pharmacies obtained by the board may be provided to the pharmacy that compounded the product but otherwise are confidential and do not constitute public information for purposes of Chapter 552, Government Code. The board may create, use, or disclose statistical information from the test results of samples of compounded products.
Terms Used In Texas Occupations Code 556.053
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) The board may disclose information confidential under Subsection (b):
(1) in a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;
(2) to a pharmacist licensing or disciplinary authority of another jurisdiction; or
(3) under a court order.
(d) The board shall require a pharmacy to recall a compounded product and may release the results of the tests of the samples of the compounded product if the board determines that:
(1) the test results indicate a patient safety problem that may involve potential harm to a patient; and
(2) the release of the test results is necessary to protect the public.
(e) The board shall release the test results described by Subsection (d) if a pharmacy is unable to or does not recall the compounded product within 48 hours after the board’s request under that subsection.