|
Senate Bill 404 |
Senate Author: Schwertner |
|
Effective: 9-1-13 |
House Sponsor: Davis, Sarah |
Senate Bill 404 amends the Occupations Code to require the Texas State Board of Pharmacy to maintain the complainant's identity for each complaint received by the board and to prohibit the board from considering or acting on a complaint involving a violation alleged to have occurred more than seven years before the date the board receives the complaint. The bill requires a rule adopted by the board governing an informal proceeding relating to a disciplinary action against the holder of a pharmacy license to require notice of the time and place of an informal meeting to be given to the license holder not later than the 45th day before the date the meeting is held and sets out requirements relating to the notice. The bill requires the license holder to provide to the board the license holder's rebuttal not later than the 15th day before the date of the meeting in order for that information to be considered at the meeting. The bill sets out requirements relating to recording of an informal meeting on request by a license holder under review, disposition of the recording, and a fee to cover the cost of making the recording.
Senate Bill 404 authorizes the board to issue and establish the terms of a remedial plan to resolve the investigation of a complaint relating to the Texas Pharmacy Act. The bill establishes the conditions under which a remedial plan may not be imposed or issued, provides for the removal of all records of a remedial plan if a license holder complies with and successfully completes the terms of the plan, and authorizes the board to assess a fee against a license holder participating in a plan. The bill requires the board to adopt rules as necessary to implement its provisions.