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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of pharmacy. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 562.0541(d), Occupations Code, is |
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amended to read as follows: |
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(d) The quantity of an emergency refill of insulin may not |
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exceed a 30-day supply unless the smallest commercially available |
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package exceeds a 30-day supply. A pharmacist may dispense |
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multiple packages of insulin for an emergency refill if the total |
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quantity dispensed does not exceed a 30-day supply. The [quantity |
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of an] emergency refill of insulin-related equipment or supplies |
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may not exceed [the lesser of a 30-day supply or] the smallest |
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commercially available package necessary for a 30-day supply. |
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SECTION 2. Section 565.003, Occupations Code, as amended by |
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Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th |
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Legislature, Regular Session, 2019, is reenacted to read as |
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follows: |
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Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING |
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APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless |
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compliance would violate the pharmacy or drug statutes or rules in |
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the state in which the pharmacy is located, the board may discipline |
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an applicant for or the holder of a nonresident pharmacy license if |
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the board finds that the applicant or license holder has failed to |
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comply with: |
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(1) Section 481.074, 481.075, 481.0755, 481.0756, |
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481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, |
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481.0764, 481.0765, or 481.0766, Health and Safety Code; |
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(2) Texas substitution requirements regarding: |
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(A) the practitioner's directions concerning |
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generic substitution; |
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(B) the patient's right to refuse generic |
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substitution; or |
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(C) notification to the patient of the patient's |
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right to refuse substitution; |
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(3) any board rule relating to providing drug |
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information to the patient or the patient's agent in written form or |
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by telephone; or |
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(4) any board rule adopted under Section 554.051(a) |
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and determined by the board to be applicable under Section |
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554.051(b). |
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SECTION 3. Section 568.003(a), Occupations Code, is amended |
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to read as follows: |
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(a) The board may take disciplinary action under Section |
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568.0035 against an applicant for or the holder of a current or |
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expired pharmacy technician or pharmacy technician trainee |
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registration if the board determines that the applicant or |
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registrant has: |
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(1) violated this subtitle or a rule adopted under |
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this subtitle; |
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(2) engaged in gross immorality, as that term is |
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defined by the rules of the board; |
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(3) engaged in any fraud, deceit, or |
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misrepresentation, as those terms are defined by the rules of the |
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board, in practicing as a pharmacy technician or pharmacy |
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technician trainee or in seeking a registration to act as a pharmacy |
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technician or pharmacy technician trainee; |
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(4) been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition or the |
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applicable federal equivalent for: |
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(A) a misdemeanor: |
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(i) involving moral turpitude; or |
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(ii) under Chapter 481 or 483, Health and |
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Safety Code, or the Comprehensive Drug Abuse Prevention and Control |
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Act of 1970 (21 U.S.C. Section 801 et seq.); or |
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(B) a felony; |
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(5) developed an incapacity that prevents the |
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applicant or registrant from practicing as a pharmacy technician or |
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pharmacy technician trainee with reasonable skill, competence, and |
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safety to the public; |
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(6) violated: |
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(A) Chapter 481 or 483, Health and Safety Code, |
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or rules relating to those chapters; |
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(B) Sections 485.031-485.034 [485.031-485.035], |
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Health and Safety Code; or |
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(C) a rule adopted under Section 485.002 |
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[485.011], Health and Safety Code; |
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(7) violated the pharmacy or drug laws or rules of this |
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state, another state, or the United States; |
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(8) performed duties in a pharmacy that only a |
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pharmacist may perform, as defined by the rules of the board; |
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(9) used alcohol or drugs in an intemperate manner |
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that, in the board's opinion, could endanger a patient's life; |
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(10) engaged in negligent, unreasonable, or |
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inappropriate conduct when working in a pharmacy; |
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(11) violated a disciplinary order; |
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(12) been convicted or adjudicated of a criminal |
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offense that requires registration as a sex offender under Chapter |
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62, Code of Criminal Procedure; or |
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(13) been disciplined by a pharmacy or other health |
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regulatory board of this state or another state for conduct |
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substantially equivalent to conduct described by this subsection. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. Section 568.003(a), Occupations Code, as amended |
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by this Act, applies only to disciplinary action regarding conduct |
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that occurs on or after the effective date of this Act. Conduct |
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that occurs before the effective date of this Act is governed by the |
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law in effect on the date the conduct occurred, and the former law |
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is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |