73R9638 CAG-D
By Black, Berlanga H.B. No. 1513
Substitute the following for H.B. No. 1513:
By Berlanga C.S.H.B. No. 1513
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas State Board
1-3 of Pharmacy and to the regulation of the practice of pharmacy;
1-4 providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3, Texas Pharmacy Act (Article 4542a-1,
1-7 Vernon's Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 3. Sunset provision. The Texas State Board of Pharmacy
1-9 is subject to Chapter 325, Government Code (Texas Sunset Act).
1-10 Unless continued in existence as provided by that chapter, the
1-11 board is abolished and this Act expires September 1, 2005 <1993>.
1-12 SECTION 2. Section 7, Texas Pharmacy Act (Article 4542a-1,
1-13 Vernon's Texas Civil Statutes), is amended to read as follows:
1-14 Sec. 7. Membership. (a) The board consists of nine
1-15 members, six <seven> of whom must be licensed pharmacists and three
1-16 <two> of whom must be representatives of the general public. There
1-17 shall be representation on the board for licensed pharmacists who
1-18 are primarily employed in Class A and Class C pharmacies.
1-19 (b) A person <who is required to register as a lobbyist
1-20 under Chapter 305, Government Code, by virtue of his activities as
1-21 a member of a trade or professional association in the regulated
1-22 profession> may not act as general counsel or serve as a member of
1-23 the board if the person is required to register as a lobbyist under
1-24 Chapter 305, Government Code, and its subsequent amendments,
2-1 because of the person's activities for compensation on behalf of a
2-2 profession related to the operation of the board.
2-3 SECTION 3. Section 8, Texas Pharmacy Act (Article 4542a-1,
2-4 Vernon's Texas Civil Statutes), is amended to read as follows:
2-5 Sec. 8. Qualifications. (a) A licensed pharmacist member
2-6 of the board may not be a salaried faculty member at a college of
2-7 pharmacy and must at the time of his appointment:
2-8 (1) be a resident of this state;
2-9 (2) be licensed for the five years immediately
2-10 preceding appointment and be in good standing to engage in the
2-11 practice of pharmacy in this state; and
2-12 (3) be engaged in the practice of pharmacy in this
2-13 state<; and>
2-14 <(4) not be an officer, employee, or paid consultant
2-15 of a trade association in the regulated industry or be related
2-16 within the second degree by affinity or consanguinity, as
2-17 determined under Article 5996h, Revised Statutes, to a person who
2-18 is an officer, employee, or paid consultant of a trade association
2-19 in the regulated industry>.
2-20 (b) A person is not eligible for appointment as a public
2-21 member of the board if the person or the person's spouse:
2-22 (1) is registered, certified, or licensed by an
2-23 occupational regulatory agency in the field of health care;
2-24 (2) is employed by or participates in the management
2-25 of a <an agency or> business entity or other organization regulated
2-26 by the board or receiving funds from the board <that provides
2-27 health care services or that sells, manufactures, or distributes
3-1 health care supplies or equipment>; <or>
3-2 (3) owns or<,> controls<, or has an interest in>,
3-3 directly or indirectly, more than a 10 percent interest in <of> a
3-4 business entity or other organization regulated by the board or
3-5 receiving funds from the board; or
3-6 (4) uses or receives a substantial amount of tangible
3-7 goods, services, or funds from the board, other than compensation
3-8 or reimbursement authorized by law for board membership,
3-9 attendance, or expenses <that provides health care services or that
3-10 sells, manufactures, or distributes health care supplies or
3-11 equipment>.
3-12 (c) It is a ground for removal from the board if a member:
3-13 (1) does not have at the time of appointment or does
3-14 not maintain during his service on the board the qualifications
3-15 required by Sections 7(a) and (b) of this Act; <Subsection (a) or
3-16 (b) of this section, as appropriate; or>
3-17 (2) violates the prohibition prescribed by Section
3-18 7(b) of this Act or Subsection (a) of this section;
3-19 (3) cannot discharge the member's duties for a
3-20 substantial part of the term for which the member is appointed
3-21 because of illness or disability; or
3-22 (4) is absent from more than half of the regularly
3-23 scheduled board meetings that the member is eligible to attend
3-24 during a calendar year unless the absence is excused by majority
3-25 vote of the board.
3-26 (d) The validity of an action of the board is not affected
3-27 by the fact that it is taken when a ground for removal of a board
4-1 member exists.
4-2 (e) If the executive director has knowledge that a potential
4-3 ground for removal exists, the executive director shall notify the
4-4 president of the board of the ground. The president shall then
4-5 notify the governor that a potential ground for removal exists.
4-6 SECTION 4. Section 9(a), Texas Pharmacy Act (Article
4-7 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
4-8 follows:
4-9 (a) The governor shall appoint the members of the board with
4-10 the advice and consent of the senate. Appointments to the board
4-11 shall be made without regard to the race, color, disability
4-12 <creed>, sex, religion, age, or national origin of the appointee.
4-13 SECTION 5. Section 12, Texas Pharmacy Act (Article 4542a-1,
4-14 Vernon's Texas Civil Statutes), is amended by amending Subsections
4-15 (c), (d), and (e) and by adding Subsection (f) to read as follows:
4-16 (c) The board shall employ a licensed pharmacist who shall
4-17 serve as a secretary to and be an ex officio member of the board
4-18 without vote to serve as a full-time employee of the board in the
4-19 position of executive director. The executive director shall be
4-20 responsible for the performance of the regular administrative
4-21 functions of the board and other duties as the board may direct.
4-22 The executive director may not perform any discretionary or
4-23 decision-making functions for which the board is solely
4-24 responsible. The board shall develop and implement policies that
4-25 clearly define the respective responsibilities of the board and the
4-26 staff of the board.
4-27 (d) The executive director or the executive director's <his>
5-1 designee shall develop within one year of the effective date of
5-2 this Act an intra-agency career ladder program, one part of which
5-3 shall be the intra-agency posting of all nonentry level positions
5-4 concurrently with <for at least 10 days prior to> any public
5-5 posting.
5-6 (e) The executive director or the executive director's <his>
5-7 designee shall develop <within one year of the effective date of
5-8 this Act> a system of annual performance evaluations <based on
5-9 measurable job tasks>. All <Within two years of the effective date
5-10 of this Act, all> merit pay for board employees <authorized by the
5-11 executive director> must be based on the system established by this
5-12 subsection.
5-13 (f) Each board member shall comply with the board member
5-14 training requirements established by any other state agency that is
5-15 given authority to establish the requirements for the board.
5-16 SECTION 6. Section 15, Texas Pharmacy Act (Article 4542a-1,
5-17 Vernon's Texas Civil Statutes), is amended by amending Subsection
5-18 (c) and by adding Subsections (d), (e), and (f) to read as follows:
5-19 (c) An <employee of the board may not be an> officer,
5-20 employee, or paid consultant of a Texas trade association in the
5-21 field of health care may not be a member or employee of the board
5-22 who is exempt from the state's position classification plan or is
5-23 compensated at or above the amount prescribed by the General
5-24 Appropriations Act for step 1, salary group 17, of the position
5-25 classification salary schedule <regulated industry or be related
5-26 within the second degree by affinity or consanguinity, as
5-27 determined under Article 5996h, Revised Statutes, to a person who
6-1 is an officer, employee, or paid consultant of a trade association
6-2 in the regulated industry>.
6-3 (d) A person who is the spouse of an officer, manager, or
6-4 paid consultant of a Texas trade association in the field of health
6-5 care may not be a board member and may not be a board employee who
6-6 is exempt from the state's position classification plan or is
6-7 compensated at or above the amount prescribed by the General
6-8 Appropriations Act for step 1, salary group 17, of the position
6-9 classification salary schedule.
6-10 (e) For the purposes of this section, a Texas trade
6-11 association is a nonprofit, cooperative, and voluntarily joined
6-12 association of business or professional competitors in this state
6-13 designed to assist its members and its industry or profession in
6-14 dealing with mutual business or professional problems and in
6-15 promoting their common interest.
6-16 (f) The board shall provide to its members and employees, as
6-17 often as necessary, information regarding their qualification for
6-18 office or employment under this Act and their responsibilities
6-19 under applicable laws relating to standards of conduct for state
6-20 officers or employees.
6-21 SECTION 7. The Texas Pharmacy Act (Article 4542a-1, Vernon's
6-22 Texas Civil Statutes) is amended by adding Section 15A to read as
6-23 follows:
6-24 Sec. 15A. EQUAL EMPLOYMENT OPPORTUNITIES. (a) The
6-25 executive director or the executive director's designee shall
6-26 prepare and maintain a written policy statement to assure
6-27 implementation of a program of equal employment opportunity under
7-1 which all personnel transactions are made without regard to race,
7-2 color, disability, sex, religion, age, or national origin. The
7-3 policy statement must include:
7-4 (1) personnel policies, including policies relating to
7-5 recruitment, evaluation, selection, appointment, training, and
7-6 promotion of personnel that are in compliance with requirements of
7-7 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
7-8 Civil Statutes) and its subsequent amendments;
7-9 (2) a comprehensive analysis of the board work force
7-10 that meets federal and state guidelines;
7-11 (3) procedures by which a determination can be made of
7-12 significant underuse in the board work force of all persons for
7-13 whom federal or state guidelines encourage a more equitable
7-14 balance; and
7-15 (4) reasonable methods to appropriately address those
7-16 areas of significant underuse.
7-17 (b) A policy statement prepared under Subsection (a) of this
7-18 section must cover an annual period, be updated annually and
7-19 reviewed by the Commission on Human Rights for compliance with
7-20 Subsection (a)(1) of this section, and be filed with the governor's
7-21 office.
7-22 (c) The governor's office shall deliver a biennial report to
7-23 the legislature based on the information received under Subsection
7-24 (b) of this section. The report may be made separately or as a
7-25 part of other biennial reports made to the legislature.
7-26 SECTION 8. Section 16, Texas Pharmacy Act (Article 4542a-1,
7-27 Vernon's Texas Civil Statutes), is amended by adding Subsection (c)
8-1 to read as follows:
8-2 (c) The board may not include in its rules to prohibit
8-3 false, misleading, or deceptive practices by a person regulated by
8-4 the board a rule that:
8-5 (1) restricts the use of any medium for advertising;
8-6 (2) restricts the person's personal appearance or use
8-7 of the person's voice in an advertisement;
8-8 (3) relates to the size or duration of an
8-9 advertisement by the person; or
8-10 (4) restricts the person's advertisement under a trade
8-11 name.
8-12 SECTION 9. Section 17(f), Texas Pharmacy Act (Article
8-13 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
8-14 follows:
8-15 (f) The board shall submit whatever reports are required by
8-16 state law. The <Before December 1 of each year, the> board shall
8-17 file annually with the governor and the presiding officer of each
8-18 house of the legislature a complete and detailed <a> written report
8-19 accounting <with the legislature and the governor in which the
8-20 board accounts> for all funds received and disbursed by the board
8-21 during the preceding fiscal year. The annual report must be in the
8-22 form and reported in the time provided by the General
8-23 Appropriations Act.
8-24 SECTION 10. Section 17(m), Texas Pharmacy Act (Article
8-25 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
8-26 follows:
8-27 (m) The board shall maintain an office where permanent
9-1 records are kept and preserve a record of its proceedings. <The
9-2 board shall maintain an information file about each complaint filed
9-3 with the board relating to a licensee. If a written complaint is
9-4 filed with the board relating to a licensee, the board shall, at
9-5 least semiannually, notify the parties to the complaint as to the
9-6 status of the complaint until final disposition, unless the
9-7 notification would jeopardize an undercover investigation.>
9-8 SECTION 11. The Texas Pharmacy Act (Article 4542a-1,
9-9 Vernon's Texas Civil Statutes) is amended by adding Sections 17A,
9-10 17B, 17C, 17D, and 17E to read as follows:
9-11 Sec. 17A. PUBLIC INTEREST INFORMATION AND COMPLAINTS; PUBLIC
9-12 ACCESS TO BOARD FUNCTIONS. (a) The board shall prepare
9-13 information of public interest describing the functions of the
9-14 board and the board's procedures by which complaints are filed with
9-15 and resolved by the board. The board shall make the information
9-16 available to the public and appropriate state agencies.
9-17 (b) The board by rule shall establish methods by which
9-18 consumers and service recipients are notified of the name, mailing
9-19 address, and telephone number of the board for the purpose of
9-20 directing complaints to the board. The board may provide for that
9-21 notification:
9-22 (1) on each registration form, application, or written
9-23 contract for services of an individual or entity regulated under
9-24 this Act;
9-25 (2) on a sign prominently displayed in the place of
9-26 business of each individual or entity regulated under this Act; or
9-27 (3) in a bill for service provided by an individual or
10-1 entity regulated under this Act.
10-2 (c) The board shall list along with its regular telephone
10-3 number the toll-free telephone number that may be called to present
10-4 a complaint about a health professional if the toll-free number is
10-5 established under other state law.
10-6 (d) The board shall develop and implement policies that
10-7 provide the public with a reasonable opportunity to appear before
10-8 the board and to speak on any issue under the jurisdiction of the
10-9 board.
10-10 (e) The board shall prepare and maintain a written plan that
10-11 describes how a person who does not speak English can be provided
10-12 reasonable access to the board's programs. The board shall also
10-13 comply with federal and state laws for program and facility
10-14 accessibility.
10-15 Sec. 17B. RECORDS OF COMPLAINTS. (a) The board shall keep
10-16 an information file about each complaint filed with the board. The
10-17 board's information file shall be kept current and contain a record
10-18 for each complaint of:
10-19 (1) all persons contacted in relation to the
10-20 complaint;
10-21 (2) a summary of the results of the review or
10-22 investigation of the complaint;
10-23 (3) for complaints for which the board took no action,
10-24 an explanation of the reason the complaint was closed without
10-25 action; and
10-26 (4) other relevant information.
10-27 (b) If a written complaint is filed with the board that the
11-1 board has authority to resolve, the board, at least as frequently
11-2 as every four months and until final disposition of the complaint,
11-3 shall notify the parties to the complaint of the status of the
11-4 complaint unless the notice would jeopardize an undercover
11-5 investigation.
11-6 (c) The board by rule shall adopt a form for the filing of
11-7 complaints made to the board. The board shall notify the
11-8 complainant not later than the 30th day after the date of receipt
11-9 by the board of the complaint and shall provide an estimated time
11-10 for resolution of the complaint.
11-11 (d) The board shall provide reasonable assistance to a
11-12 person who wishes to file a complaint with the board.
11-13 Sec. 17C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
11-14 board shall adopt policies and procedures concerning the
11-15 investigation of a complaint filed with the board. The policies
11-16 and procedures adopted under this subsection shall:
11-17 (1) determine the seriousness of the complaint;
11-18 (2) ensure that complaints are not closed without
11-19 appropriate consideration;
11-20 (3) ensure that a letter is sent to the person who
11-21 filed the complaint explaining the action taken on the complaint;
11-22 (4) ensure that the person who filed the complaint has
11-23 an opportunity to explain the allegations made in the complaint;
11-24 and
11-25 (5) prescribe guidelines concerning the types of
11-26 complaints that require the use of a private investigator and the
11-27 procedures for the board to obtain the services of a private
12-1 investigator.
12-2 (b) The board shall dispose of all complaints in a timely
12-3 manner. The board shall establish a timeline for conducting each
12-4 phase of a complaint that is under the control of the board. The
12-5 timeline shall be kept in the information file for the complaint.
12-6 A change in the timeline must be noted in the complaint information
12-7 file.
12-8 (c) The executive director of the board shall notify the
12-9 board of the number of complaints that extend beyond two years
12-10 after the date of the filing of the complaint. The executive
12-11 director shall provide the board with an explanation of the reason
12-12 that the complaints have not been resolved. The notice and
12-13 explanation shall be provided to the board periodically at
12-14 regularly scheduled board meetings.
12-15 Sec. 17D. INFORMAL PROCEEDINGS. (a) The board by rule
12-16 shall adopt procedures governing:
12-17 (1) informal disposition of a contested case under
12-18 Section 13(e), Administrative Procedure and Texas Register Act
12-19 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
12-20 subsequent amendments; and
12-21 (2) informal proceedings held in compliance with
12-22 Section 18(c), Administrative Procedure and Texas Register Act
12-23 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
12-24 subsequent amendments.
12-25 (b) Rules adopted under this section must provide the
12-26 complainant, when applicable and permitted by law, and the licensee
12-27 an opportunity to be heard and must require the presence of an
13-1 attorney to advise the board or the board's employees. The
13-2 attorney must be a member of the board's legal staff, if the board
13-3 has a legal staff. If the board does not have a legal staff, the
13-4 attorney must be an employee of the office of the attorney general.
13-5 Sec. 17E. MONITORING OF LICENSE HOLDER. The board shall
13-6 develop policies and procedures for monitoring license holders'
13-7 compliance with the requirements of this Act. Policies and
13-8 procedures adopted under this section shall include procedures for
13-9 monitoring a license holder who is ordered by the board to perform
13-10 certain acts to ascertain that the license holder performs the
13-11 required acts and to identify and monitor license holders who
13-12 represent a risk to the public.
13-13 SECTION 12. Sections 21(c) and (d), Texas Pharmacy Act
13-14 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
13-15 read as follows:
13-16 (c) The examinations for licensing required under this
13-17 section shall be given by the board at least two times during the
13-18 fiscal year of the state. The board shall determine the content
13-19 and subject matter of each examination and determine which persons
13-20 have successfully passed the examination. An applicant who fails
13-21 the examination may retake the examination two additional times.
13-22 Before an applicant who has failed the examination three times is
13-23 allowed to retake the examination, the applicant shall provide
13-24 documentation from a college of pharmacy that additional college
13-25 course work in subject areas the applicant failed in the
13-26 examination have been successfully completed. If requested in
13-27 writing by a person who fails the licensing examination
14-1 administered under this Act <so requests in writing>, the board
14-2 shall furnish the person with an analysis of the person's <his>
14-3 performance on the examination.
14-4 (d) The examination shall be prepared to measure the
14-5 competence of the applicant to engage in the practice of pharmacy.
14-6 The board may employ and cooperate with any organization or
14-7 consultant in the preparation and grading of an appropriate
14-8 examination, but shall retain the sole discretion and
14-9 responsibility of determining which applicants have successfully
14-10 passed the examination. A written examination prepared or offered
14-11 by the board, including standardized national examinations, shall
14-12 be validated by an independent testing professional.
14-13 SECTION 13. The Texas Pharmacy Act (Article 4542a-1,
14-14 Vernon's Texas Civil Statutes) is amended by adding Section 22A to
14-15 read as follows:
14-16 Sec. 22A. PROVISIONAL LICENSE. (a) The State Board of
14-17 Pharmacy may, in the discretion of the board in each instance, upon
14-18 payment by the applicant for registration of a fee set by the
14-19 board, grant a provisional license to an applicant who presents
14-20 proof of current licensure in another state, including the District
14-21 of Columbia, or territory of the United States that maintains
14-22 professional standards considered by the board to be equivalent to
14-23 those set forth in this Act. An applicant for the provisional
14-24 license under this article must:
14-25 (1) be licensed in good standing as a pharmacist in
14-26 another state, the District of Columbia, or a territory of the
14-27 United States that has licensing requirements that are
15-1 substantially equivalent to the requirements of this Act;
15-2 (2) have passed a national or other examination
15-3 recognized by the board relating to pharmacy; and
15-4 (3) be sponsored by a person licensed by the board
15-5 under this Act with whom the provisional license holder may
15-6 practice under this section.
15-7 (b) An applicant for a provisional license may be excused
15-8 from Subsection (a)(3) of this section if the board determines that
15-9 compliance with that section constitutes a hardship to the
15-10 applicant.
15-11 (c) A provisional license is valid until the date the board
15-12 approves or denies the provisional license holder's application for
15-13 a license. The board shall issue a license under this Act to the
15-14 holder of a provisional license under this section if:
15-15 (1) the provisional license holder passes the
15-16 jurisprudence examination required by this Act;
15-17 (2) the board verifies that the provisional license
15-18 holder has the academic and experience requirements for a license
15-19 under this Act; and
15-20 (3) the provisional license holder satisfies any other
15-21 license requirements under this Act.
15-22 (d) The board must complete the processing of a provisional
15-23 license holder's application for a license not later than the 180th
15-24 day after the date the provisional license is issued or at the time
15-25 licenses are issued following the successful completion of the
15-26 examination, whichever is later.
15-27 SECTION 14. Section 24, Texas Pharmacy Act (Article 4542a-1,
16-1 Vernon's Texas Civil Statutes), is amended to read as follows:
16-2 Sec. 24. License renewal. (a) A license to practice
16-3 pharmacy expires on December 31 of each year or of every other
16-4 year, as determined by the board. To be eligible to renew the
16-5 license, a licensee must comply with the continuing education
16-6 requirements prescribed by the board.
16-7 (b) The license may be renewed for one or two years, as
16-8 determined by the board, by payment of a renewal fee as determined
16-9 by the board and by filing a completed application, given under
16-10 oath, with the board for a license renewal certificate before the
16-11 expiration date of the license. The application must state that
16-12 the mandatory <number of hours of> continuing education
16-13 requirements have been completed by the licensee during the
16-14 preceding license period.
16-15 (c) On timely receipt of the completed application, the
16-16 renewal fee, and proof of completion of the continuing education
16-17 requirements prescribed by Section 24A of this Act, the board shall
16-18 issue a license renewal certificate bearing the pharmacist's
16-19 license number, the period for which it is renewed, and other
16-20 information the board determines necessary.
16-21 (d) If a person's license has been expired for <not more
16-22 than> 90 days or less, the person may renew the license by paying
16-23 to the board the required renewal fee and a fee that is one-half of
16-24 the examination fee for the license.
16-25 (e) If a person's license has been expired for more than 90
16-26 days but less than one year <two years>, the person may renew the
16-27 license by paying to the board all unpaid renewal fees and a fee
17-1 that is equal to the examination fee for the license.
17-2 (f) If a person's license has been expired for one year <two
17-3 years> or more, the person may not renew the license <and must
17-4 apply for a new license>. The board may issue a new license to
17-5 that person if the person has not had a license granted by any
17-6 other state suspended, revoked, canceled, surrendered, or otherwise
17-7 restricted for any reason, and if the person:
17-8 (1) was licensed as a pharmacist in this state, moved
17-9 to another state, is licensed in the other state and has been
17-10 engaged in the practice of pharmacy in the other state for the two
17-11 years preceding the application for a new license, pays to the
17-12 board an amount equal to the examination fee for the license, and
17-13 passes the Texas Drug and Pharmacy Jurisprudence examination;
17-14 (2) was licensed as a pharmacist in this state, pays
17-15 to the board an amount equal to the examination fee for the
17-16 license, successfully passes the Texas Drug and Pharmacy
17-17 Jurisprudence examination and any other examination required by the
17-18 board, and, in addition to or in lieu of passing the examination as
17-19 required by the board, participates in continuing pharmacy
17-20 education and practices under conditions set by the board; or
17-21 (3) submits to reexamination and complies with the
17-22 requirements and procedures for obtaining an original license.
17-23 (g) At least 30 days before the expiration of a person's
17-24 license, the board shall send written notice of the impending
17-25 license expiration to the person at the licensee's last known
17-26 address according to the records of the board. <The board shall
17-27 notify each licensee in writing of the licensee's impending license
18-1 expiration at least 60 days before the expiration date and again
18-2 two weeks before the expiration date. The notice must state the
18-3 number of continuing education hours the licensee must complete to
18-4 be eligible to renew the license. If the licensee exceeded the
18-5 number of hours of continuing education required for renewal during
18-6 the preceding license period, the notice must include the number of
18-7 hours the licensee may carry forward.>
18-8 <(h) The board shall specify by rule the procedures to be
18-9 followed and the fees to be paid for renewal and penalties for late
18-10 renewal of licenses.>
18-11 (h) <(i)> Practicing pharmacy without an annual or biennial
18-12 renewal certificate for the current year, as provided by this Act,
18-13 shall have the same effect and be subject to all penalties of
18-14 practicing pharmacy without a license.
18-15 (i) <(j)> A license to practice pharmacy or annual or
18-16 biennial renewal certificate issued by the board may not be
18-17 duplicated in any manner except as expressly provided by this Act.
18-18 The board may in its discretion issue duplicate copies of either
18-19 the license to practice pharmacy or the annual or biennial renewal
18-20 certificate on request from the holder and on payment of a fee as
18-21 determined by the board.
18-22 SECTION 15. Section 24A, Texas Pharmacy Act (Article
18-23 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
18-24 follows:
18-25 Sec. 24A. MANDATORY CONTINUING EDUCATION REQUIREMENTS.
18-26 (a) To renew a license to practice pharmacy, a licensee must
18-27 demonstrate to the satisfaction of the board completion of the
19-1 requirement for continuing professional education as required by
19-2 this section. Each licensee shall execute a certified statement at
19-3 the time of renewal attesting that the licensee has satisfied the
19-4 continuing education requirement.
19-5 (b) The continuing education requirement may be met either
19-6 by completing continuing education programs approved by the board
19-7 or by taking and passing a standardized pharmacy examination
19-8 approved by the board. A licensee who elects to take the
19-9 examination must pay the examination fee assessed by the board
19-10 under Section 39 of this Act.
19-11 (c) The board shall adopt rules relating to the approval of
19-12 continuing education programs and providers. In adopting the
19-13 rules, the board may consider providers approved by the American
19-14 Council on Pharmaceutical Education and programs approved by the
19-15 Texas Pharmacy Foundation. The board shall approve home study
19-16 courses, correspondence courses, or other similar programs. Each
19-17 program approved by the board shall issue a certificate of
19-18 completion to a licensee who completes the program in a
19-19 satisfactory manner.
19-20 (d) An applicant who satisfies the continuing education
19-21 requirement through completion of approved programs must present
19-22 evidence satisfactory to the board of completion of at least 12
19-23 hours of continuing education during the preceding license period.
19-24 A licensee who completes more than 12 hours during the preceding
19-25 license period may carry forward a maximum of 12 hours for the next
19-26 license period.
19-27 (e) Each licensee shall maintain records for three years
20-1 evidencing completion of the continuing education programs
20-2 completed by the licensee. On an audit by the board, a licensee is
20-3 considered in compliance with the continuing education requirements
20-4 if the licensee submits to the board:
20-5 (1) an affidavit stating that the licensee has
20-6 complied with those requirements; and
20-7 (2) records evidencing completion of the continuing
20-8 education programs.
20-9 (f) The board shall adopt rules relating to the operation of
20-10 the mandatory continuing education programs. In establishing the
20-11 requirement for continuing education, the board shall consider:
20-12 (1) factors that lead to the competent performance of
20-13 professional duties; and
20-14 (2) the continuing education needs of licensees.
20-15 (g) The board shall adopt rules relating to the adoption or
20-16 approval of mandatory continuing education programs and providers
20-17 and shall adopt rules to evaluate the effectiveness of the programs
20-18 and a licensee's participation and performance in the programs.
20-19 (h) The board by rule may grant an extension to the
20-20 mandatory continuing education requirements for good cause.
20-21 (i) <(g)> The board may adopt rules to exempt persons from
20-22 all or a portion of the mandatory continuing education requirements
20-23 <during their initial license period>.
20-24 SECTION 16. Section 24B(a), Texas Pharmacy Act (Article
20-25 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
20-26 follows:
20-27 (a) The board by rule shall adopt a system for the placement
21-1 on inactive status of a license held by a person who is licensed by
21-2 the board to practice pharmacy but who is not eligible to renew the
21-3 license for failure to comply with the mandatory continuing
21-4 education requirements of Section 24A of this Act and who is not
21-5 engaged in the practice of pharmacy in this state. The board may
21-6 restrict the length of time a license holder may remain on inactive
21-7 status.
21-8 SECTION 17. The Texas Pharmacy Act (Article 4542a-1,
21-9 Vernon's Texas Civil Statutes) is amended by adding Section 24C to
21-10 read as follows:
21-11 Sec. 24C. TEMPORARY LICENSE. The board by rule may provide
21-12 for the issuance of a temporary license.
21-13 SECTION 18. Section 26, Texas Pharmacy Act (Article 4542a-1,
21-14 Vernon's Texas Civil Statutes), is amended to read as follows:
21-15 Sec. 26. GROUNDS FOR DISCIPLINE. (a) Grounds for
21-16 Disciplining a Holder of or Applicant for a Pharmacist License:
21-17 The board shall refuse to issue a pharmacist license for failure to
21-18 meet the requirements of Section 21 or 22 of this Act. The board
21-19 may in its discretion refuse to issue or renew a license or may
21-20 assess a penalty <fine>, reprimand, revoke, restrict, cancel,
21-21 retire, or suspend any license granted by the board, and may
21-22 probate any license suspension if the board finds that the
21-23 applicant or licensee has:
21-24 (1) violated any provision of this Act or any of the
21-25 rules of the board adopted under this Act;
21-26 (2) engaged in unprofessional conduct as that term is
21-27 defined by the rules of the board;
22-1 (3) engaged in gross immorality as that term is
22-2 defined by the rules of the board;
22-3 (4) developed an incapacity of a nature that prevents
22-4 a pharmacist or applicant from engaging in the practice of pharmacy
22-5 with reasonable skill, competence, and safety to the public. In
22-6 enforcing this subdivision, the board shall, on probable cause,
22-7 request a pharmacist or applicant to submit to a mental or physical
22-8 examination by physicians designated by the board. If the
22-9 pharmacist or applicant refuses to submit to the examination, the
22-10 board shall issue an order requiring the pharmacist or applicant to
22-11 show cause why he will not submit to the examination and shall
22-12 schedule a hearing on the order within 30 days after notice is
22-13 served on the pharmacist or applicant. The pharmacist or applicant
22-14 shall be notified by either personal service or certified mail with
22-15 return receipt requested. At the hearing, the pharmacist or
22-16 applicant and an <his> attorney are entitled to present any
22-17 testimony and other evidence to show why the pharmacist or
22-18 applicant should not be required to submit to the examination.
22-19 After the hearing, the board shall issue an order either requiring
22-20 the pharmacist or applicant to submit to the examination or
22-21 withdrawing the request for examination;
22-22 (5) engaged in any fraud, deceit, or misrepresentation
22-23 as those words are defined by the rules of the board in the
22-24 practice of pharmacy or in seeking a license to act as a
22-25 pharmacist;
22-26 (6) been convicted of a felony or a misdemeanor
22-27 involving moral turpitude by a court of competent jurisdiction;
23-1 (7) a drug or alcohol dependency;
23-2 (8) failed to keep and maintain records required by
23-3 this Act or failed to keep and maintain complete and accurate
23-4 records of purchases and disposals of drugs listed in the
23-5 Controlled Substances Act or the Dangerous Drug Act;
23-6 (9) violated any provision of the Controlled
23-7 Substances Act or Dangerous Drug Act or a rule relating to those
23-8 acts or any provision of Sections 485.031-485.035, Health and
23-9 Safety Code, or a rule adopted under Section 485.011, Health and
23-10 Safety Code;
23-11 (10) aided or abetted an unlicensed individual to
23-12 engage in the practice of pharmacy if the pharmacist knew or
23-13 reasonably should have known that the individual was unlicensed at
23-14 the time;
23-15 (11) refused an entry into any pharmacy for any
23-16 inspection authorized by this Act if the pharmacist had received
23-17 notification from which the pharmacist knew or reasonably should
23-18 have known that the attempted inspection was authorized;
23-19 (12) violated the pharmacy or drug laws or rules of
23-20 this state or any other state or of the United States;
23-21 (13) been negligent in the practice of pharmacy;
23-22 (14) failed to submit to an examination after hearing
23-23 and being ordered to do so by the board pursuant to Subdivision (4)
23-24 of this subsection;
23-25 (15) dispensed prescription drugs while acting outside
23-26 the usual course and scope of professional practice; or
23-27 (16) had a license to practice pharmacy issued by
24-1 another state canceled, revoked, surrendered, or suspended for
24-2 conduct substantially equivalent to conduct described in
24-3 Subdivisions (1) through (15) of this subsection. A certified copy
24-4 of the record of the state taking action as set out above shall be
24-5 conclusive evidence of the action taken by such state.
24-6 (b) Grounds for Disciplining a Holder of a Pharmacy License:
24-7 The board shall refuse to issue a pharmacy license for failure to
24-8 meet the requirements of Section 29 or 30 of this Act. The board
24-9 may in its discretion refuse to issue or renew a license or may
24-10 assess a penalty <fine>, reprimand, revoke, restrict, cancel, or
24-11 suspend any license granted by the board, and may probate any
24-12 license suspension if the board finds that the applicant or
24-13 licensee has:
24-14 (1) been convicted of a felony or a misdemeanor
24-15 involving moral turpitude, or if the applicant or licensee is an
24-16 association, joint stock company, partnership, or corporation, that
24-17 a managing officer has been convicted of a felony or a misdemeanor
24-18 involving moral turpitude under the law of this state, another
24-19 state, or the United States;
24-20 (2) advertised any prescription drugs or devices in a
24-21 deceitful, misleading, or fraudulent manner;
24-22 (3) violated any provision of this Act or any rule
24-23 adopted under this Act or that any owner or employee of a pharmacy
24-24 has violated any provision of this Act or any rule adopted under
24-25 this Act;
24-26 (4) sold without legal authorization prescription
24-27 drugs or devices to persons other than:
25-1 (A) a pharmacy licensed by the board;
25-2 (B) a practitioner;
25-3 (C) a person who procures prescription drugs or
25-4 devices for the purpose of lawful research, teaching, or testing,
25-5 and not for resale;
25-6 (D) a manufacturer or wholesaler registered with
25-7 the commissioner of health as required by Chapter 431, Health and
25-8 Safety Code; or
25-9 (E) a carrier or warehouseman;
25-10 (5) allowed an employee who is not a licensed
25-11 pharmacist to practice pharmacy;
25-12 (6) sold adulterated or misbranded prescription or
25-13 nonprescription drugs;
25-14 (7) failed to engage in or ceased to engage in the
25-15 business described in the application for a license;
25-16 (8) failed to keep and maintain records as required by
25-17 this Act, the Controlled Substances Act, Dangerous Drug Act, or
25-18 rules adopted under this Act or the Dangerous Drug Act; or
25-19 (9) failed to establish and maintain effective
25-20 controls against diversion of prescription drugs into other than
25-21 legitimate medical, scientific, or industrial channels as provided
25-22 by this Act or other state or federal laws or rules.
25-23 SECTION 19. Sections 26A(a) and (b), Texas Pharmacy Act
25-24 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
25-25 read as follows:
25-26 (a) On the entry of an initial order against a person
25-27 licensed by the board to practice pharmacy, the board may refuse to
26-1 issue a license to an applicant or suspend the person's license.
26-2 On the person's final conviction, the board may revoke the person's
26-3 license.
26-4 (b) On the entry of an initial order against an applicant
26-5 for a pharmacy license or a person who has been issued a license or
26-6 renewal license for a pharmacy under this Act, or against a
26-7 managing officer of the licensee or applicant if the licensee or
26-8 applicant is an association, joint-stock company, partnership, or
26-9 corporation, the board may refuse to issue the license or may
26-10 suspend the license. On final conviction, the board may revoke the
26-11 license.
26-12 SECTION 20. Sections 26B(a) and (b), Texas Pharmacy Act
26-13 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
26-14 read as follows:
26-15 (a) The board may in its discretion refuse to issue or renew
26-16 a license or may assess a penalty <fine> or reprimand any licensee
26-17 or revoke, restrict, cancel, or suspend any license granted by the
26-18 board, if the board finds that an applicant or licensee has:
26-19 (1) dispensed a drug, quantity, or strength of drug
26-20 other than that which is ordered for the patient by a practitioner
26-21 or labeled a prescription with incorrect directions for use;
26-22 (2) violated any of the following provisions of this
26-23 Act:
26-24 (A) Section 29(a), (b)(5), or (c)(5);
26-25 (B) Section 30(i) or (j); or
26-26 (C) Section 32(a);
26-27 (3) failed to comply with the following requirements
27-1 unless compliance would violate the pharmacy or drug laws or rules
27-2 in the state in which the pharmacy is located:
27-3 (A) Section 481.074 or 481.075, Health and
27-4 Safety Code;
27-5 (B) Texas substitution requirements regarding:
27-6 (i) the practitioner's directions relative
27-7 to generic substitution;
27-8 (ii) the patient's right to refuse generic
27-9 substitution; or
27-10 (iii) notification to the patient of the
27-11 patient's right to refuse substitution; or
27-12 (C) board rules relating to the provision of
27-13 drug information to the patient or patient's agent in written form
27-14 or by telephone; or
27-15 (4) engaged in conduct which caused serious bodily
27-16 injury to a Texas resident.
27-17 (b) A Class E pharmacy is subject to all rules and
27-18 regulations that are applicable to a Class A, B, C, or D pharmacy
27-19 <Except in the case of an emergency that creates an immediate
27-20 danger to the public health or safety, prior to initiating a
27-21 disciplinary action against a Class E pharmacy, the board must file
27-22 a complaint against a Class E pharmacy with the regulatory or
27-23 licensing agency of the state in which the Class E pharmacy is
27-24 located>.
27-25 SECTION 21. Section 27A, Texas Pharmacy Act (Article
27-26 4542a-1, Vernon's Texas Civil Statutes), is amended by amending
27-27 Subsection (d) and adding Subsection (j) to read as follows:
28-1 (d) The records and proceedings of the board, its authorized
28-2 agents, or any pharmaceutical organization committee as set out in
28-3 Subsections (a) and (b) of this section shall be confidential and
28-4 are not considered open records for the purposes of Chapter 424,
28-5 Acts of the 63rd Legislature, Regular Session, 1973, as amended
28-6 (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
28-7 however, the board may disclose this confidential information only:
28-8 (1) in a disciplinary hearing before the board or in a
28-9 subsequent trial or appeal of a board action or order;
28-10 (2) to the pharmacist licensing or disciplinary
28-11 authorities of other jurisdictions; <or>
28-12 (3) pursuant to an order of a court of competent
28-13 jurisdiction; or
28-14 (4) pursuant to Subsection (j) of this section.
28-15 (j) The board may disclose that the license of a pharmacist
28-16 who is the subject of an order of the board that is confidential
28-17 under Subsection (d) of this section is suspended, revoked,
28-18 canceled, restricted, or retired or that the pharmacist is in any
28-19 manner otherwise limited in the practice of pharmacy. The board
28-20 may not disclose the nature of the impairment or other information
28-21 that resulted in the board's action.
28-22 SECTION 22. Section 28(a), Texas Pharmacy Act (Article
28-23 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
28-24 follows:
28-25 (a) On the finding of the existence of grounds for
28-26 discipline of any person holding a license or seeking a license or
28-27 a renewal license under this Act, the board may impose one or more
29-1 of the following penalties:
29-2 (1) suspension of the offender's license;
29-3 (2) revocation of the offender's license;
29-4 (3) restriction of the offender's license to prohibit
29-5 the offender from performing certain acts or from engaging in the
29-6 practice of pharmacy or operating a pharmacy in a particular manner
29-7 for a term and under conditions to be determined by the board;
29-8 (4) imposition of an administrative penalty under
29-9 Section 28B of this Act <a fine not to exceed $1,000 for each
29-10 offense involving diversion of controlled substances or a fine not
29-11 to exceed $250 for any other offense>;
29-12 (5) refusal to issue or renew the offender's license;
29-13 (6) placement of the offender's license on probation
29-14 and supervision by the board for a period to be determined by the
29-15 board and imposition of a requirement that the practitioner:
29-16 (A) report regularly to the board on matters
29-17 that are the basis of the probation;
29-18 (B) limit practice to the areas prescribed by
29-19 the board; or
29-20 (C) continue or review professional education
29-21 until the practitioner attains a degree of skill satisfactory to
29-22 the board in those areas that are the basis of the probation;
29-23 (7) reprimand;
29-24 (8) cancellation of the offender's license; <or>
29-25 (9) retirement of the offender's license as provided
29-26 by board rule; or
29-27 (10) imposition of a civil penalty that does not
30-1 exceed $1,000 for each day of each violation and that may be
30-2 collected in a suit initiated by the board.
30-3 SECTION 23. The Texas Pharmacy Act (Article 4542a-1,
30-4 Vernon's Texas Civil Statutes) is amended by adding Section 28A to
30-5 read as follows:
30-6 Sec. 28A. TEMPORARY SUSPENSION OF LICENSE. If the majority
30-7 of the board or a three-member committee of board members
30-8 designated by the board determines from the evidence or information
30-9 presented to it that a pharmacist by continuation in practice would
30-10 constitute a continuing threat to the public welfare, the board or
30-11 the three-member committee shall temporarily suspend the license of
30-12 the pharmacist. The license may be temporarily suspended without
30-13 notice or hearing if, at the time the suspension is ordered, a
30-14 hearing before the board on whether disciplinary proceedings under
30-15 this Act should be initiated against the license holder is
30-16 scheduled to be held not later than the 14th day after the date of
30-17 the suspension. A second hearing on the suspended license shall be
30-18 held by the State Office of Administrative Hearings not later than
30-19 the 60th day after the date of the suspension. If the second
30-20 hearing is not held in the time required by this subsection, the
30-21 suspended license is automatically reinstated.
30-22 SECTION 24. The Texas Pharmacy Act (Article 4542a-1,
30-23 Vernon's Texas Civil Statutes) is amended by adding Section 28B to
30-24 read as follows:
30-25 Sec. 28B. ADMINISTRATIVE PENALTY. (a) The board may impose
30-26 an administrative penalty against a person licensed or regulated
30-27 under this Act who violates this Act or a rule or order adopted
31-1 under this Act.
31-2 (b) The penalty for a violation involving the diversion of
31-3 controlled substances may be in an amount not to exceed $5,000 for
31-4 each day of each violation. The penalty for other violations may
31-5 be in an amount not to exceed $2,500 for each day of each
31-6 violation. Each day a violation continues or occurs is a separate
31-7 violation for purposes of imposing a penalty.
31-8 (c) The amount of the penalty, to the extent possible, shall
31-9 be based on:
31-10 (1) the seriousness of the violation, including the
31-11 nature, circumstances, extent, and gravity of any prohibited acts,
31-12 and the hazard or potential hazard created to the health, safety,
31-13 or economic welfare of the public;
31-14 (2) the economic harm to property or the environment
31-15 caused by the violation;
31-16 (3) the history of previous violations;
31-17 (4) the amount necessary to deter future violations;
31-18 (5) efforts to correct the violation; and
31-19 (6) any other matter that justice may require.
31-20 (d) The executive director, or staff designee, upon
31-21 determination that a violation has occurred may issue to the board
31-22 a report that states the facts on which the determination is based
31-23 and the director's recommendation on the imposition of a penalty,
31-24 including a recommendation on the amount of the penalty.
31-25 (e) Within 14 days after the date the report is approved by
31-26 the board and issued, the executive director shall give written
31-27 notice of the report to the person. The notice may be given by
32-1 certified mail. The notice must include a brief summary of the
32-2 alleged violation and a statement of the amount of the recommended
32-3 penalty and must inform the person that the person has a right to a
32-4 hearing on the occurrence of the violation, the amount of the
32-5 penalty, or both the occurrence of the violation and the amount of
32-6 the penalty.
32-7 (f) Within 20 days after the date the person receives the
32-8 notice, the person in writing may accept the determination and
32-9 recommended penalty of the executive director or may make a written
32-10 request for a hearing on the occurrence of the violation, the
32-11 amount of the penalty, or both the occurrence of the violation and
32-12 the amount of the penalty.
32-13 (g) If the person accepts the determination and recommended
32-14 penalty of the executive director, the board by order shall approve
32-15 the determination and impose the recommended penalty.
32-16 (h) If the person requests a hearing or fails to respond
32-17 timely to the notice, the executive director shall set a hearing
32-18 and give notice of the hearing to the person. The hearing shall be
32-19 held by the board, except that a hearing involving the diversion of
32-20 controlled substances shall be held by an administrative law judge
32-21 of the State Office of Administrative Hearings. The board or the
32-22 administrative law judge, as appropriate, shall make findings of
32-23 fact and conclusions of law and, if the hearing is held by an
32-24 administrative law judge, the judge promptly shall issue to the
32-25 board a proposal for a decision about the occurrence of the
32-26 violation and the amount of a proposed penalty. Based on the
32-27 findings of fact, conclusions of law, and any proposal for a
33-1 decision, the board by order may find that a violation has occurred
33-2 and impose a penalty or may find that no violation occurred.
33-3 (i) The notice of the board's order given to the person
33-4 under the Administrative Procedure and Texas Register Act (Article
33-5 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
33-6 amendments must include a statement of the right of the person to
33-7 judicial review of the order.
33-8 (j) Within 30 days after the date the board's order is final
33-9 as provided by Section 16(c), Administrative Procedure and Texas
33-10 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
33-11 its subsequent amendments, the person shall:
33-12 (1) pay the amount of the penalty;
33-13 (2) pay the amount of the penalty and file a petition
33-14 for judicial review contesting the occurrence of the violation, the
33-15 amount of the penalty, or both the occurrence of the violation and
33-16 the amount of the penalty; or
33-17 (3) without paying the amount of the penalty, file a
33-18 petition for judicial review contesting the occurrence of the
33-19 violation, the amount of the penalty, or both the occurrence of the
33-20 violation and the amount of the penalty.
33-21 (k) Within the 30-day period, a person who acts under
33-22 Subsection (j)(3) of this section may:
33-23 (1) stay enforcement of the penalty by:
33-24 (A) paying the amount of the penalty to the
33-25 court for placement in an escrow account; or
33-26 (B) giving to the court a supersedeas bond
33-27 approved by the court for the amount of the penalty and that is
34-1 effective until all judicial review of the board's order is final;
34-2 or
34-3 (2) request the court to stay enforcement of the
34-4 penalty by:
34-5 (A) filing with the court a sworn affidavit of
34-6 the person stating that the person is financially unable to pay the
34-7 amount of the penalty and is financially unable to give the
34-8 supersedeas bond; and
34-9 (B) giving a copy of the affidavit to the
34-10 executive director by certified mail.
34-11 (l) An executive director who receives a copy of an
34-12 affidavit under Subsection (k)(2) of this section may file with the
34-13 court, within five days after the date the copy is received, a
34-14 contest to the affidavit. The court shall hold a hearing on the
34-15 facts alleged in the affidavit as soon as practicable and shall
34-16 stay the enforcement of the penalty on finding that the alleged
34-17 facts are true. The person who files an affidavit has the burden
34-18 of proving that the person is financially unable to pay the amount
34-19 of the penalty and to give a supersedeas bond.
34-20 (m) If the person does not pay the amount of the penalty and
34-21 the enforcement of the penalty is not stayed, the executive
34-22 director may refer the matter to the attorney general for
34-23 collection of the amount of the penalty.
34-24 (n) Judicial review of the order of the board:
34-25 (1) is instituted by filing a petition as provided by
34-26 Section 19, Administrative Procedure and Texas Register Act
34-27 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
35-1 subsequent amendments; and
35-2 (2) is under the substantial evidence rule.
35-3 (o) If the court sustains the occurrence of the violation,
35-4 the court may uphold or reduce the amount of the penalty and order
35-5 the person to pay the full or reduced amount of the penalty. If
35-6 the court does not sustain the occurrence of the violation, the
35-7 court shall order that no penalty is owed.
35-8 (p) When the judgment of the court becomes final, the court
35-9 shall proceed under this subsection. If the person paid the amount
35-10 of the penalty and if that amount is reduced or is not upheld by
35-11 the court, the court shall order that the appropriate amount plus
35-12 accrued interest be remitted to the person. The rate of the
35-13 interest is the rate charged on loans to depository institutions by
35-14 the New York Federal Reserve Bank, and the interest shall be paid
35-15 for the period beginning on the date the penalty was paid and
35-16 ending on the date the penalty is remitted. If the person gave a
35-17 supersedeas bond and if the amount of the penalty is not upheld by
35-18 the court, the court shall order the release of the bond. If the
35-19 person gave a supersedeas bond and if the amount of the penalty is
35-20 reduced, the court shall order the release of the bond after the
35-21 person pays the amount.
35-22 (q) A penalty collected under this section shall be remitted
35-23 to the comptroller for deposit in the general revenue fund.
35-24 (r) All proceedings under this section are subject to the
35-25 Administrative Procedure and Texas Register Act (Article 6252-13a,
35-26 Vernon's Texas Civil Statutes) and its subsequent amendments.
35-27 (s) This section does not limit the ability of the board to
36-1 impose an administrative penalty pursuant to a consent order
36-2 entered in accordance with board rules and requirements of Section
36-3 17D of this Act.
36-4 SECTION 25. Section 33, Texas Pharmacy Act (Article 4542a-1,
36-5 Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
36-6 to read as follows:
36-7 (e) A practitioner may not issue a prescription to be
36-8 dispensed unless the prescription contains the following typed,
36-9 printed, or stamped information:
36-10 (1) the practitioner's name, address, and phone
36-11 number; and
36-12 (2) the practitioner's required identification number.
36-13 SECTION 26. Section 39, Texas Pharmacy Act (Article 4542a-1,
36-14 Vernon's Texas Civil Statutes), is amended to read as follows:
36-15 Sec. 39. Fees. The board by rule shall establish reasonable
36-16 and necessary fees so that the fees, in the aggregate, produce
36-17 sufficient revenue to cover the cost of administering this Act <may
36-18 not charge more than the following fees for the performance of the
36-19 following duties and functions to carry out the purposes of this
36-20 Act:>
36-21 <(1) for processing application and administration of
36-22 examination for licensure--$250;>
36-23 <(2) for processing application for licensure by
36-24 reciprocity--$250 (plus the applicable license fee);>
36-25 <(3) for processing application and issuance of a
36-26 pharmacist license or renewal of a pharmacist license--$100 a year;>
36-27 <(4) for processing of an application and issuance of
37-1 a pharmacy license or renewal of a pharmacy license--$150; and>
37-2 <(5) for processing an application and the issuance or
37-3 renewal of a pharmacist license for a pharmacist who has been
37-4 licensed by the board for at least 50 years and who does not
37-5 actively practice pharmacy--$75 a year>.
37-6 SECTION 27. Section 481.002(41), Health and Safety Code, is
37-7 amended to read as follows:
37-8 (41) "Prescription" means an order by a practitioner
37-9 to a pharmacist for a controlled substance for a particular patient
37-10 that specifies:
37-11 (A) the date of issue;
37-12 (B) the name and address of the patient or, if
37-13 the controlled substance is prescribed for an animal, the species
37-14 of the animal and the name and address of its owner;
37-15 (C) the name and quantity of the controlled
37-16 substance prescribed with the quantity shown numerically followed
37-17 by the number written as a word if the order is written or, if the
37-18 order is communicated orally or telephonically, with the quantity
37-19 given by the practitioner and transcribed by the pharmacist
37-20 numerically; <and>
37-21 (D) directions for the use of the drug; and
37-22 (E) the legibly printed or stamped name,
37-23 address, Federal Drug Enforcement Administration registration
37-24 number, and telephone number of the practitioner at the
37-25 practitioner's usual place of business.
37-26 SECTION 28. Section 481.074(i), Health and Safety Code, is
37-27 amended to read as follows:
38-1 (i) A prescription for a controlled substance must show:
38-2 (1) the quantity of the substance prescribed:
38-3 (A) written as a word if the prescription is
38-4 written; or
38-5 (B) if the prescription is communicated orally
38-6 or telephonically, as transcribed by the receiving pharmacist;
38-7 (2) the date of issue;
38-8 (3) the name and address of the patient or, if the
38-9 controlled substance is prescribed for an animal, the species of
38-10 the animal and the name and address of its owner;
38-11 (4) the name and strength of the controlled substance
38-12 prescribed;
38-13 (5) the directions for use of the controlled
38-14 substance; and
38-15 (6) the legibly stamped or printed name, address,
38-16 <and> Federal Drug Enforcement Administration registration number,
38-17 and telephone number of the practitioner at the practitioner's
38-18 usual place of business.
38-19 SECTION 29. Section 483.001(13), Health and Safety Code, is
38-20 amended to read as follows:
38-21 (13) "Prescription" means an order from a
38-22 practitioner, or an agent of the practitioner designated in writing
38-23 as authorized to communicate prescriptions, or an order made in
38-24 accordance with Section 3.06(d)(5), Medical Practice Act (Article
38-25 4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
38-26 dangerous drug to be dispensed that states:
38-27 (A) the date of the order's issue;
39-1 (B) the name and address of the patient;
39-2 (C) if the drug is prescribed for an animal, the
39-3 species of the animal;
39-4 (D) the name and quantity of the drug
39-5 prescribed; <and>
39-6 (E) the directions for the use of the drug; and
39-7 (F) the legibly printed or stamped name,
39-8 address, Federal Drug Enforcement Administration registration
39-9 number, and telephone number of the practitioner at the
39-10 practitioner's usual place of business.
39-11 SECTION 30. (a) The changes in law made by this Act
39-12 relating to an administrative or civil penalty that may be imposed
39-13 apply only to a violation of the Texas Pharmacy Act (Article
39-14 4542a-1, Vernon's Texas Civil Statutes) or a rule adopted by the
39-15 Texas State Board of Pharmacy that occurs on or after the effective
39-16 date of this Act. A violation occurs on or after the effective
39-17 date of this Act only if each element of the violation occurs on or
39-18 after that date. A violation that occurs before the effective
39-19 date of this Act is governed by the law in effect on the date the
39-20 violation occurred, and the former law is continued in effect for
39-21 this purpose.
39-22 (b)(1) As the terms of members of the Texas State Board of
39-23 Pharmacy expire or as a vacancy occurs on the board, the governor
39-24 shall appoint members to the board to achieve, as soon as possible,
39-25 the membership plan prescribed for the board by this Act.
39-26 (2) As the terms of members expire or as a vacancy
39-27 occurs on the board, the governor shall appoint members to the
40-1 board and designate members to serve terms so that every two years
40-2 the terms of one public member and two licensed pharmacist members
40-3 expire on the same date.
40-4 (c) The changes in law made by this Act in the
40-5 qualifications of members of the Texas State Board of Pharmacy do
40-6 not affect the entitlement of a member appointed before September
40-7 1, 1993, to continue to hold office on the board for the term for
40-8 which the member was appointed. The changes in the qualifications
40-9 apply only to a member appointed on or after September 1, 1993.
40-10 SECTION 31. Section 17(v), Texas Pharmacy Act (Article
40-11 4542a-1, Vernon's Texas Civil Statutes), is repealed.
40-12 SECTION 32. This Act takes effect September 1, 1993.
40-13 SECTION 33. The importance of this legislation and the
40-14 crowded condition of the calendars in both houses create an
40-15 emergency and an imperative public necessity that the
40-16 constitutional rule requiring bills to be read on three several
40-17 days in each house be suspended, and this rule is hereby suspended.