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Board removes notary requirement for pharmacy inventories despite concerns about diversion detection
Summary
The Texas State Board of Pharmacy voted to remove the rule requiring notarization of certain pharmacy inventories. A pharmacist who testified urged the board not to remove the notary requirement, saying it helps deter and detect controlled-substance diversion. The board approved the change with two members recorded as opposed.
The Texas State Board of Pharmacy voted Aug. 5 to remove a longstanding requirement that a pharmacist-in-charge’s signature on certain inventory forms be notarized within three days of completion.
Board staff said the amendment strikes through the requirement that the pharmacist-in-charge signature be notarized, a change discussed at the February meeting and included in a governor’s small business council report. The proposed change was supported in a written comment from Rob Geddes, PharmD (CVS Health); no other written comments were noted in the record.
Pharmacist Chris Demby spoke during public comment opposing the change. Speaking for himself, Demby said the notary requirement “made it clear that that is a very important document, so I took it very seriously,” and argued notarization reduces opportunities to falsify inventories and helps regulators detect diversion. He urged the board to delay or table the amendment so staff could consult enforcement and investigative personnel on the impact.
Board members debated the practical burdens and enforcement value of notarization. One member described the notarization task as a burden for small independent pharmacies and noted the governor’s small business council had recommended easing the requirement. Another board member, who said he is a notary, argued that a notary verifies the signer’s identity but would not necessarily detect changes to quantities on multi-page inventories.
After discussion, Donna Montemayor moved to adopt the amendment and Donnie Lewis seconded. The chair called the question; the motion passed, and the chair noted two members opposed. The transcript does not record a roll-call tally naming those opposed.
Why it matters: The notarization requirement had been cited as an enforcement tool to deter falsified inventories and help detect controlled-substance diversion. Supporters of removal cited administrative burden for pharmacies and the governor’s small business council recommendation; opponents warned the change could weaken an evidence-preservation mechanism used in diversion investigations.
Board action: The board adopted the amendment to remove the notarization requirement for certain inventories (agenda item c.1.3). The motion carried with two recorded oppositions; the transcript does not list the names of members who voted no.
The board and staff said they will proceed under the adopted rule text.
