On February 1, 2022, the Texas Board of Pharmacy voted to send proposed amendments to its central filling rule under 22 Tex. Admin. Code § 291.125 back to staff for redrafting. As our previous Customer Alert reported, Board Staff recently changed its interpretation of the rule, stating that the rule does not allow non-resident Class E pharmacies to use the centralized filling services of pharmacies located in Texas. . Several public comments generally expressed support for the proposed amendment, which expressly added Class E pharmacies to the definition of “outsourced pharmacy.” However, commentators have raised concerns about the potential for misinterpretation of the draft. Namely, commentators have expressed concern that a strict reading of the amended rule would impose licensing requirements on any nonresident pharmacy receiving centralized prescription dispensing services from a Texas pharmacy, which the whether or not a non-resident pharmacy serves patients in Texas. Staff clarified on file that this was not the intent of the change. Nonetheless, the Board directed staff to add clarifying language expressly stating that the rule is not intended to trigger additional licensing for non-resident pharmacies engaged in a central fill arrangement and not otherwise servicing Texas patients. The revised amendment will likely be heard at the next Council meeting.
Quarles & Brady will continue to monitor developments regarding the Texas Board of Pharmacy’s potential change in central fill rules.