Board drops notarization requirement for pharmacy inventories after debate over enforcement and small-business burden

The Texas State Board of Pharmacy voted Aug. 5 to remove the requirement that pharmacists-in-charge obtain notarized signatures for certain inventory reports. Board staff said the change strikes the requirement that the pharmacist-in-charge signature be notarized within three business days of completing specified inventories and that the amendment had been considered in the governor's March 2025 Small Business Freedom Council report. The board received one public comment from Rob Geddes, PharmD (CVS Health) in support of removing the notary requirement. During public comment, pharmacist Chris Demby urged the board to retain the notary requirement, saying notarization helps deter and detect diversion and fraudulent documentation. “The notary prevents that. Prevents a fraudulent signature,” he said, describing scenarios in which a forged inventory could mask missing controlled substances and arguing the notary requirement aids enforcement. He recommended the board seek input from investigators and enforcement staff before removing the requirement. Board members discussed competing priorities. Several members and commentators said notarization imposes a time burden—especially on small independent pharmacies with limited staff—citing the governor's small-business review. Board member Haisha Freeman said pharmacists she consulted called notarization “the biggest headache” and reported staffing delays and longer prescription turnaround times tied to the practice. Another board member noted larger chains would face operational challenges as well. Board discussion also considered alternatives such as witness signatures, but staff noted some small pharmacies may have only one pharmacist on duty, limiting the utility of a witness option. The board took a motion to adopt the amendment. The motion passed with two members recorded as opposing; the transcript does not identify the dissenters by name. The board recorded the motion as carried. The adopted change removes the notarization requirement from Texas pharmacy inventory rules and will be reflected in the board’s rule text. Staff noted the amendment had been previously considered by a Small Business Council and had one supportive comment from a chain pharmacy clinician.