1. (a) Change of pharmacist employed in a pharmacy. When a change in pharmacist employment occurs, the pharmacist shall report such change in writing to the board within 10 days. The pharmacist-in-charge shall delete or enter the name of the pharmacist changing employment on the license of such pharmacy.

2. (b) Change of pharmacist-in-charge of a pharmacy.

   1. (1) On the date of change of the pharmacist-in-charge of a Class A (community) or Class C (institutional) pharmacy, an inventory of the following shall be taken:

      1. (A) all Schedule II controlled substances;
      2. (B) all dosage forms containing pentazocine (e.g., Talwin);
      3. (C) all dosage forms containing phentermine (e.g., Ionamin, Fastin, Adipex-P, etc.);
      4. (D) all dosage forms containing diazepam (e.g., Valium);
      5. (E) all dosage forms containing phendimetrazine (e.g., Bontril, Plegine, Prelu-2, etc.);
      6. (F) all dosage forms containing codeine;
      7. (G) all dosage forms containing hydrocodone (e.g., Tussionex, Tussend, Vicodin, Hycomine, etc.);
      8. (H) all dosage forms containing alprazolam (e.g., Xanax);
      9. (I) all dosage forms containing triazolam (e.g., Halcion);
      10. (J) all dosage forms containing butorphanol (e.g., Stadol);
      11. (K) all dosage forms containing nalbuphine (e.g., Nubain); and
      12. (L) all dosage forms containing carisoprodol (e.g., Soma).
   2. (2) This inventory shall constitute, for the purpose of this section, the closing inventory of the departing pharmacist-in-charge and the beginning inventory of the incoming pharmacist-in-charge.
   3. (3) If the departing and the incoming pharmacists-in-charge are unable to conduct the inventory together, a closing inventory shall be conducted by the departing pharmacist-in-charge and a new and separate beginning inventory shall be conducted by the incoming pharmacist-in-charge.

   4. (4) The incoming pharmacist-in-charge shall be responsible for the following actions:

      1. (A) deleting the name of the departing pharmacist-in-charge on the pharmacy license;
      2. (B) entering the name of the incoming pharmacist-in-charge on the pharmacy license;

      3. (C) notifying the board within 10 days in writing on a form provided by the board, that a change of pharmacist-in-charge has occurred. The notification shall include the following:

         1. (i) the name and license number of the departing pharmacist-in-charge;
         2. (ii) the name and license number of the incoming pharmacist-in-charge;
         3. (iii) the date the incoming pharmacist-in-charge became the pharmacist-in-charge; and

         4. (iv) a statement signed by the incoming pharmacist-in-charge attesting that:

            1. (I) an inventory has been conducted by the departing and incoming pharmacists-in-charge; if the inventory was not taken by both pharmacists, the statement shall provide an explanation; and
            2. (II) the incoming pharmacist-in-charge has read and understands the laws and rules relating to this class of pharmacy.

Source Note:The provisions of this §291.7 adopted to be effective January 1, 1976; amended to be effective June 17, 1986, 11 TexReg 2553; amended to be effective September 1, 1987, 12 TexReg 2568; amended to be effective September 30, 1993, 18 TexReg 6459; amended to be effective July 16, 1999, 24 TexReg 5196; amended to be effective June 4, 2000, 25 TexReg 4777.