Section 2.3: Inactive Status, Reinstatement, and Administrative Changes

Inactive Status, Reinstatement, and Administrative Changes

Pharmacists may encounter changes in their practice status or personal circumstances that require communication with the Texas State Board of Pharmacy (TSBP). Whether placing a license on inactive status, dealing with an expired license, seeking reinstatement after disciplinary action, or updating basic contact details, strict legal procedures must be followed to avoid administrative penalties or allegations of unlicensed practice.

1. Inactive License Status

If a pharmacist is not actively practicing pharmacy in the state of Texas (e.g., they have retired, moved out of state, or taken a career break), they can request that their license be placed on inactive status.

• How to Request: The pharmacist must apply for inactive status before their license expires, typically during their regular renewal cycle.
• Renewal Fees: Inactive pharmacists must still pay the standard biennial renewal fee. Placing a license on inactive status does not excuse the pharmacist from paying the licensing fee; it only excuses them from the continuing education requirement.
• Practice Restriction: An inactive pharmacist cannot practice pharmacy in Texas. Any attempt to dispense medications, counsel patients, or perform other pharmacist duties while inactive is considered unlicensed practice and is a third-degree felony under the Texas Pharmacy Act.
• Reactivation Process: To return to active practice, the inactive pharmacist must:
  1. Submit a reactivation application to the Board.
  2. Pay the reactivation fee (if applicable).
  3. Provide proof of completion of the required continuing education hours. The number of CE hours required is equal to the hours they would have completed had they remained active (typically 30 hours, including 1 hour of Texas law and the HHSC human trafficking course).
  4. If the pharmacist has been inactive for more than two years, the Board may require them to complete additional internship hours (as an extended-intern) or take clinical competency exams to ensure they can practice safely.

2. The Expired License Ladder

Practicing pharmacy with an expired license is strictly prohibited. If a pharmacist fails to renew their license on time, it automatically enters delinquent/expired status. The consequences and procedures for renewal escalate based on how long the license has been expired:

• Expired 90 Days or Less: The pharmacist can renew their license by completing the required 30 hours of CE, submitting the renewal application, and paying a fee equal to 1.5 times the standard renewal fee.
• Expired 91 Days to 364 Days (Less than 1 Year): The pharmacist can renew their license by completing the required 30 hours of CE, submitting the renewal application, and paying a fee equal to 2 times the standard renewal fee.
• Expired 1 Year or More: If a license has been expired for 1 year or more, it cannot be renewed. The license is officially canceled. To practice again, the individual must apply for a new license.
  • Relicensure by Examination: If the individual does not hold an active license in another state, they must reapply for licensure, pass the NAPLEX (if required by the Board), pass the Texas MPJE, and complete additional internship hours under an extended-intern registration to prove current clinical competency.
  • Relicensure by Reciprocity: If the individual holds an active, unrestricted license in another state obtained by examination, they may apply for licensure by reciprocity, which requires passing the Texas MPJE.

3. Reinstatement of Revoked or Suspended Licenses

"Reinstatement" is a formal legal process distinct from renewing an expired license or reactivating an inactive one. Reinstatement applies to individuals whose licenses were revoked, canceled, or suspended as a result of disciplinary action by the Board.

• Waiting Period: A pharmacist whose license has been revoked or restricted must wait a minimum of 12 months (one year) from the effective date of the disciplinary order before they can petition the Board for reinstatement or modification of the restriction, unless the Board's disciplinary order specifies a different timeframe.
• The Petition: The applicant must submit a formal petition detailing why they are fit to return to practice. The petition must include evidence of rehabilitation, clinical competency, and compliance with all terms of the disciplinary order.
• The Reinstatement Hearing: The petitioner must appear before the Board in an administrative hearing. The burden of proof rests entirely on the petitioner to demonstrate that they can practice pharmacy safely and that reinstating their license is in the best interest of the public. The Board has full discretion to grant, deny, or place conditions (such as probation, practice limits, or monitoring) on the reinstated license.

4. Administrative Changes: The 10-Day Rule

Pharmacists are required to maintain accurate administrative records with the Board. Any changes to a pharmacist's name, residential address, mailing address, or employment must be reported to the TSBP within 10 days of the change.

• Change of Address: Pharmacists must notify the Board in writing or online of any change in their residential or mailing address within 10 days. This ensures they receive official notices, including renewal reminders and potential audit notifications.
• Change of Name: If a pharmacist legally changes their name (e.g., due to marriage, divorce, or court order), they must notify the Board within 10 days. The notification must include a copy of the official legal document reflecting the name change. Pharmacists can request an updated wall certificate and license pocket card for an administrative fee (typically $35).
• Change of Employment: A pharmacist must report any change in their place of employment within 10 days. This is critical for tracking who is practicing where, especially for regulatory oversight. The pharmacist must ensure their name is removed from the roster of their previous employer and added to the roster of the new employer.
• PIC Changes: While a general pharmacist has 10 days to report a change in employment, a Pharmacist-in-Charge (PIC) has unique responsibilities:
  • The outgoing PIC must notify the Board in writing immediately of their departure.
  • The incoming PIC must be officially designated, and a change of PIC form must be filed with the Board immediately. A pharmacy cannot operate without a designated PIC.

The Status and Administrative Changes Summary Table