1. (a) Licensing by examination. Should an applicant fail to achieve the minimum grade on the NAPLEX or Texas Pharmacy Jurisprudence Examination or both, the following is applicable.

   1. (1) If the applicant fails to achieve the minimum grade on NAPLEX as specified in §283.7 of this title (relating to Examination Requirements), the applicant may retake NAPLEX two additional times for a total of three exam administrations. Prior to any subsequent retakes of NAPLEX, the applicant must:

      1. (A) request in writing an analysis of the applicant's performance on the most recent NAPLEX and provide this analysis to the Examination Retake Committee;
      2. (B) complete college course work in subject areas recommended by the Examination Retake Committee;
      3. (C) submit documentation from the Examination Retake Committee which specifies that the applicant has successfully completed the course work specified; and
      4. (D) comply with the requirements of §283.7 of this title (relating to Examination Requirements).

   2. (2) If the applicant fails to achieve the minimum grade on the Texas Pharmacy Jurisprudence Examination as specified in §283.7 of this title (relating to Examination Requirements), the applicant may retake the examination two additional times for a total of three exam administrations. Prior to any subsequent retake of the Texas Pharmacy Jurisprudence Examination, the applicant must:

      1. (A) request in writing an analysis of the applicant's performance on the most recent Texas Pharmacy Jurisprudence Examination and provide this analysis to the Examination Retake Committee;
      2. (B) complete college course work recommended by the Examination Retake Committee;
      3. (C) submit documentation from the Examination Retake Committee which specifies that the applicant has successfully completed the recommended college course work; and
      4. (D) comply with the requirements of §283.7 of this title (relating to Examination Requirements).
   3. (3) If the applicant fails to achieve the minimum grade on both NAPLEX and the Texas Pharmacy Jurisprudence Examination, the applicant shall retake the examinations until a passing grade is achieved on one of the examinations. Such retakes shall be as specified in paragraphs (1) and (2) of this subsection.

2. (b) Licensing by reciprocity. If an applicant fails to achieve the minimum grade on the Texas Pharmacy Jurisprudence Examination as specified in §283.8 of this title (relating to Reciprocity Requirements), the applicant may retake the examination two additional times for a total of three exam administrations. Prior to any subsequent retake of the Texas Pharmacy Jurisprudence Examination, the applicant must:

   1. (1) request in writing an analysis of the applicant's performance on the most recent Texas Pharmacy Jurisprudence Examination and provide this analysis to the Examination Retake Committee;
   2. (2) complete college course work recommended by the Examination Retake Committee;
   3. (3) submit documentation from the Examination Retake Committee which specifies that the applicant has successfully completed the recommended college course work; and
   4. (4) comply with the requirements of §283.8 of this title (relating to Reciprocity Requirements).

3. (c) Examination Retake Committee. The board shall appoint one representative from each Texas college of pharmacy and one current board member to serve on the Examination Retake Committee. The Examination Retake Committee shall:

   1. (1) meet as necessary but no more than twice each calendar year;
   2. (2) review the analysis of an applicant's performance on failed examination(s);
   3. (3) recommend college course work which the applicant must successfully complete before the applicant may retake the examination(s);
   4. (4) specify the requirements for completion of the recommended college course work and the documentation required to validate successful completion of the recommended college course work; and
   5. (5) once the applicant has met the requirements set out by the committee, certify to the board that the applicant has successfully completed the required college course work.

4. (d) College course work. For the purpose of this subsection, college course work shall be:

   1. (1) one or more standard courses or self-paced work offered in a college of pharmacy's academic program; or
   2. (2) one or more courses presented by a board-approved provider of continuing pharmacy education as specified in §295.8 of this title (relating to Continuing Education Requirements); or
   3. (3) any course specified by the Examination Retake Committee.

Source Note:The provisions of this §283.11 adopted to be effective March 23, 1994, 19 TexReg 1828; amended to be effective December 31, 1996, 21 TexReg 12297; amended to be effective November 24, 2011, 36 TexReg 7866.