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.