The final decision of the Attorney General states:
The Texas State Board of Pharmacy may regulate out-of-state mail-order pharmacists only to the extent that they actually engage in the practice of pharmacy or dispense, deliver, or distribute prescription drugs within the state of Texas. Such regulation is not per se unconstitutional under the Commerce Clause of the United States Constitution.
Opinion notes it has to be the "least burdensome regulation which will effect the state's objectives."
Opinion No. JM-555 To read the entire click here. Also note there have been a number of United States Supreme Court Cases addressing the Commerce Clause since this opinion was issued.
Wonder how this opinion effected the Texas State Board of Pharmacies Wish to Stop out of state compounders from shipping or mailing compounds into the state See Blog post here and TX S. 1100
and other state who are attempting to impose restrictions on out-of-state pharmacies. Will an out-of-state compounder bring a constitutional challenge to one of these new laws based on the commerce clause?
The Texas State Board of Pharmacy may regulate out-of-state mail-order pharmacists only to the extent that they actually engage in the practice of pharmacy or dispense, deliver, or distribute prescription drugs within the state of Texas. Such regulation is not per se unconstitutional under the Commerce Clause of the United States Constitution.
Opinion notes it has to be the "least burdensome regulation which will effect the state's objectives."
Opinion No. JM-555 To read the entire click here. Also note there have been a number of United States Supreme Court Cases addressing the Commerce Clause since this opinion was issued.
Wonder how this opinion effected the Texas State Board of Pharmacies Wish to Stop out of state compounders from shipping or mailing compounds into the state See Blog post here and TX S. 1100
and other state who are attempting to impose restrictions on out-of-state pharmacies. Will an out-of-state compounder bring a constitutional challenge to one of these new laws based on the commerce clause?
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