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Board asks staff to draft compromise after industry asks to drop notarization for controlled‑substance inventories

2218957 · February 4, 2025
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Summary

CVS and Walgreens urged removal of a Texas rule requiring notarized signatures on controlled‑substance inventories; the board asked staff to draft alternative language that would remove notarization but preserve accountability, including a second sign‑off or PIC attestation for non‑electronic inventories.

Retail pharmacy representatives asked the Texas State Board of Pharmacy to remove a long‑standing Texas rule that requires notarized signatures for controlled‑substance inventories, calling the notarization requirement an unnecessary administrative burden for pharmacists.

CVS representative Lauren Paul and Walgreens’ Janu Philip told the board that Texas is an outlier; they said an electronic inventory with a digital signature provides the same identity verification as a notarized paper signature and would reduce time and workflow disruption for pharmacists. Paul said notarization is not a DEA requirement and forces extra printing, manual signatures and extra notarization steps.

Walgreens’ Janu Philip added that notaries authenticate only the signer’s identity and do not verify the inventory’s accuracy; neither company reported examples of fraud involving contested inventory attestations.

Board members discussed options and potential safeguards. Several members favored removing the notary requirement for electronically documented inventories while keeping an attestation requirement for non‑electronic processes. One pragmatic compromise discussed was allowing an electronic signature for inventories when tracked in the system and requiring a pharmacist‑in‑charge attestation or a second supervisory signature for non‑electronic inventories.

The board directed staff to draft proposed rule language for the main meeting that would remove the notarization requirement and present replacement accountability language (for example, an electronic signature or second signature/PIC attestation for non‑electronic inventories). No final rule change was made at the meeting; staff will prepare draft language for the board’s review.