By:  Madla                                             S.B. No. 472
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the practice of pharmacy, including the Texas State
    1-2  Board of Pharmacy, dangerous drugs, and controlled substances.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 5, Texas Pharmacy Act (Article 4542a-1,
    1-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-6        Sec. 5.  Definitions.  In this Act, unless the context of its
    1-7  use clearly indicates otherwise:
    1-8              (1)  "A.C.P.E." means the American Council on
    1-9  Pharmaceutical Education.
   1-10              (2)  "Administer" means the direct application of a
   1-11  prescription drug by injection, inhalation, ingestion, or any other
   1-12  means to the body of a patient by:
   1-13                    (A)  a practitioner, <or> an authorized agent
   1-14  under his supervision, or other person authorized by law; or
   1-15                    (B)  the patient at the direction of a
   1-16  practitioner.
   1-17              (3)  "Administrative Procedure Act" means the
   1-18  Administrative Procedure and Texas Register Act, as amended
   1-19  (Article 6252-13a, Vernon's Texas Civil Statutes).
   1-20              (4)  "Board" means the Texas State Board of Pharmacy.
   1-21              (5)  "Class A pharmacy license" or "community pharmacy
   1-22  license" means a license issued to a pharmacy dispensing drugs or
   1-23  devices to the general public pursuant to a prescription drug
    2-1  order.
    2-2              (6)  "Class B pharmacy license" or "nuclear pharmacy
    2-3  license" means a license issued to a pharmacy dispensing or
    2-4  providing radioactive drugs or devices for administration to an
    2-5  ultimate user.
    2-6              (7)  "Class C pharmacy license" or "institutional
    2-7  pharmacy license" means a license issued to a pharmacy located in a
    2-8  hospital or other in-patient facility that is licensed under
    2-9  Chapter 241, Health and Safety Code, or Chapter 6, Texas Mental
   2-10  Health Code (Article 5547-1 et seq., Vernon's Texas Civil
   2-11  Statutes), or to a pharmacy located in a hospital maintained or
   2-12  operated by the state.
   2-13              (8)  "Class D pharmacy license" or "clinic pharmacy
   2-14  license" means a license issued to a pharmacy dispensing a limited
   2-15  type of drugs or devices pursuant to a prescription drug order.
   2-16              (9)  "Class E pharmacy license" or "nonresident
   2-17  pharmacy license" means a license issued under this Act to a
   2-18  pharmacy located in a state of the United States other than this
   2-19  state whose primary business is to dispense a prescription drug or
   2-20  device under a prescription drug order and to deliver the drug or
   2-21  device to a patient, including a patient in this state, by the
   2-22  United States mail, a common carrier, or a delivery service.
   2-23              (10)  "College of pharmacy" means a school, university,
   2-24  or college of pharmacy that satisfies the accreditation standards
   2-25  of A.C.P.E. as adopted by the board; or that has degree
    3-1  requirements which meet the standards of accreditation set by the
    3-2  board.
    3-3              (11)  "Compounding" means the preparation, mixing,
    3-4  assembling, packaging, or labeling of a drug or device:
    3-5                    (A)  as the result of a practitioner's
    3-6  prescription drug order or initiative based on the
    3-7  practitioner-patient-pharmacist relationship in the course of
    3-8  professional practice;
    3-9                    (B)  in anticipation of prescription drug orders
   3-10  based on routine, regularly observed prescribing patterns; or
   3-11                    (C)  for the purpose of or as an incident to
   3-12  research, teaching, or chemical analysis and not for sale or
   3-13  dispensing.
   3-14              (12)  "Confidential record" means any health-related
   3-15  record maintained by a pharmacy or pharmacist such as a patient
   3-16  medication record, prescription drug order, or medication order.
   3-17              (13)  "Controlled substance" means a drug, immediate
   3-18  precursor, or other substance listed in Schedules I-V or Penalty
   3-19  Groups 1-4 of Chapter 481, Health and Safety Code, or a drug,
   3-20  immediate precursor, or other substance included in Schedule I, II,
   3-21  III, IV, or V of the Federal Comprehensive Drug Abuse Prevention
   3-22  and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
   3-23              (14) <(12)>  "Controlled Substances Act" means Chapter
   3-24  481, Health and Safety Code, or the Federal Comprehensive Drug
   3-25  Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
    4-1  seq.).
    4-2              (15) <(13)>  "Dangerous drug" means any drug or device
    4-3  that is not included in Penalty Groups 1-4 of the Controlled
    4-4  Substances Act and that is unsafe for self-medication or any drug
    4-5  or device that bears or is required to bear the legend:
    4-6                    (A)  "Caution:  federal law prohibits dispensing
    4-7  without prescription"; or
    4-8                    (B)  "Caution:  federal law restricts this drug
    4-9  to use by or on the order of a licensed veterinarian."
   4-10              (16) <(14)>  "Dangerous Drug Act" means Chapter 483,
   4-11  Health and Safety Code.
   4-12              (17) <(15)>  "Deliver" or "delivery" means the actual,
   4-13  constructive, or attempted transfer of a prescription drug or
   4-14  device or controlled substance from one person to another, whether
   4-15  or not for a consideration.
   4-16              (18) <(15)>  "Designated agent" means:
   4-17                    (A)  a licensed nurse, physician assistant,
   4-18  pharmacist, or other <an> individual <under the supervision of a
   4-19  practitioner,> designated by a <the> practitioner, and for whom the
   4-20  practitioner assumes legal responsibility, who communicates
   4-21  prescription drug orders <the practitioner's instructions> to a
   4-22  pharmacist;
   4-23                    (B)  a licensed nurse, physician assistant, or
   4-24  pharmacist employed in a health care facility to whom the
   4-25  practitioner communicates a prescription drug order; or
    5-1                    (C)  a registered nurse or physician assistant
    5-2  authorized by a practitioner to carry out a prescription drug order
    5-3  for dangerous drugs under Subdivision (5), Subsection (d), Section
    5-4  3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
    5-5  Statutes).
    5-6              (19) <(16)>  "Device" means an instrument, apparatus,
    5-7  implement, machine, contrivance, implant, in vitro reagent, or
    5-8  other similar or related article, including any component part or
    5-9  accessory, that is required under federal or state law to be
   5-10  ordered or prescribed by a practitioner.
   5-11              (20) <(17)>  "Dispense" means preparing, packaging,
   5-12  compounding, or labeling for delivery a prescription drug or device
   5-13  in the course of professional practice to an ultimate user or his
   5-14  agent by or pursuant to the lawful order of a practitioner.
   5-15              (21) <(18)>  "Distribute" means the delivery of a
   5-16  prescription drug or device other than by administering or
   5-17  dispensing.
   5-18              (22) <(19)>  "Drug" means:
   5-19                    (A)  a substance recognized as drugs in the
   5-20  current official United States Pharmacopoeia, official National
   5-21  Formulary, official Homeopathic Pharmacopoeia, or other drug
   5-22  compendium or any supplement to any of them;
   5-23                    (B)  a substance intended for use in the
   5-24  diagnosis, cure, mitigation, treatment, or prevention of disease in
   5-25  man or other animals;
    6-1                    (C)  a substance, other than food, intended to
    6-2  affect the structure or any function of the body of man or other
    6-3  animals;
    6-4                    (D)  a substance intended for use as a component
    6-5  of any articles specified in Paragraph (A), (B), or (C) of this
    6-6  subdivision;
    6-7                    (E)  a dangerous drug; or
    6-8                    (F)  a controlled substance.
    6-9              (23)  "Drug regimen review" includes the following
   6-10  activities:
   6-11                    (A)  evaluation of prescription drug or
   6-12  medication orders and patient medication records for:
   6-13                          (i)  known allergies;
   6-14                          (ii)  rational therapy-contraindications;
   6-15                          (iii)  reasonable dose and route of
   6-16  administration; and
   6-17                          (iv)  reasonable directions for use;
   6-18                    (B)  evaluation of prescription drug or
   6-19  medication orders and patient medication records for duplication of
   6-20  therapy;
   6-21                    (C)  evaluation of prescription drug or
   6-22  medication orders and patient medication records for:
   6-23                          (i)  drug-drug interactions;
   6-24                          (ii)  drug-food interactions;
   6-25                          (iii)  drug-disease interactions;
    7-1                          (iv)  adverse drug reactions; and
    7-2                    (D)  evaluation of prescription drug and
    7-3  medication orders and patient medication records for proper
    7-4  utilization, including overutilization or underutilization.
    7-5              (24) <(20)>  "Internship" means a practical experience
    7-6  program that is approved by the board.
    7-7              (25) <(21)>  "Label" means written, printed, or graphic
    7-8  matter on the immediate container of a drug or device.
    7-9              (26) <(22)>  "Labeling" means the process of affixing a
   7-10  label including all information required by federal and state law
   7-11  or regulation to any drug or device container.  The term does not
   7-12  include the labeling by a manufacturer, packer, or distributor of a
   7-13  nonprescription drug or commercially packaged prescription drug or
   7-14  device, or unit dose packaging.
   7-15              (27)  "Manufacturing" means the production,
   7-16  preparation, propagation, conversion, or processing of a drug or
   7-17  device, either directly or indirectly, by extraction from
   7-18  substances of natural origin or independently by means of chemical
   7-19  or biological synthesis and includes any packaging or repackaging
   7-20  of the substances or labeling or relabeling of the container and
   7-21  the promotion and marketing of such drugs or devices.
   7-22  Manufacturing also includes the preparation and promotion of
   7-23  commercially available products from bulk compounds for resale by
   7-24  pharmacies, practitioners, or other persons but does not include
   7-25  compounding.
    8-1              (28) <(23)>  "Medication order" means an order from a
    8-2  practitioner or a practitioner's designated agent for
    8-3  administration of a drug or device.
    8-4              (29) <(24)>  "Nonprescription drug" means a nonnarcotic
    8-5  drug or device that may be sold without a prescription and that is
    8-6  labeled and packaged in compliance with applicable state or federal
    8-7  law.
    8-8              (30)  "Patient counseling" means the communication by
    8-9  the pharmacist of information, as specified in the rules of the
   8-10  board, to the patient or caregiver, in order to improve therapy by
   8-11  ensuring proper use of drugs and devices.
   8-12              (31) <(25)>  "Person" means an individual, corporation,
   8-13  government or governmental subdivision or agency, business trust,
   8-14  estate, trust, partnership, association, or any other legal entity.
   8-15              (32)  "Pharmaceutical care" is the provision of drug
   8-16  therapy and other pharmaceutical services defined in the rules of
   8-17  the board and intended to assist in the cure or prevention of a
   8-18  disease, elimination or reduction of a patient's symptoms, or
   8-19  arresting or slowing of a disease process.
   8-20              (33) <(26)>  "Pharmacist" means a person licensed by
   8-21  the board to practice pharmacy.
   8-22              (34) <(27)>  "Pharmacist-in-charge" means the
   8-23  pharmacist designated on a pharmacy license as the pharmacist who
   8-24  has the authority or responsibility for a pharmacy's compliance
   8-25  with laws and rules pertaining to the practice of pharmacy.
    9-1              (35) <(28)>  "Pharmacist-intern" means an undergraduate
    9-2  student enrolled in the professional sequence of a college of
    9-3  pharmacy approved by the board and participating in a school-based,
    9-4  board-approved internship program or a graduate of a college of
    9-5  pharmacy who is participating in a board-approved internship.
    9-6              (36) <(29)>  "Pharmacy" means a facility licensed by
    9-7  the board pursuant to Section 29 of this Act <where the practice of
    9-8  pharmacy occurs>.
    9-9              (37) <(30)>  "Practice of pharmacy" means:
   9-10                    (A)  provision of those acts or services
   9-11  necessary to provide pharmaceutical care;
   9-12                    (B)  interpretation and evaluation of
   9-13  prescription drug orders or medication orders;
   9-14                    (C)  participation in drug and device selection
   9-15  as authorized by law, drug administration, drug regimen review, or
   9-16  drug or drug-related research;
   9-17                    (D)  provision of patient counseling; and
   9-18                    (E)  responsibility for:
   9-19                          (i)  dispensing of prescription drug orders
   9-20  or distribution of medication orders;
   9-21                          (ii)  compounding and labeling of drugs and
   9-22  devices, except labeling by a manufacturer, repackager, or
   9-23  distributor of nonprescription drugs and commercially packaged
   9-24  prescription drugs and devices;
   9-25                          (iii)  proper and safe storage of drugs and
   10-1  devices; or
   10-2                          (iv)  maintenance of proper records for
   10-3  drugs and devices <interpreting and evaluating prescription or
   10-4  medication orders, dispensing and labeling drugs or devices,
   10-5  selecting drugs and reviewing drug utilization, storing
   10-6  prescription drugs and devices and maintaining prescription drug
   10-7  records in a pharmacy, advising or consulting when necessary or
   10-8  required by law about therapeutic value, content, hazard, or use of
   10-9  drugs or devices, or offering or performing the services and
  10-10  transactions necessary to operate a pharmacy>.
  10-11              (38) <(31)>  "Practitioner" means:
  10-12                    (A)  a physician, dentist, podiatrist,
  10-13  veterinarian, or other person licensed or registered to prescribe,
  10-14  distribute, administer, or dispense a prescription drug or device
  10-15  in the course of professional practice in this state;
  10-16                    (B)  a person licensed by another state in a
  10-17  health field in which, under Texas law, licensees in this state may
  10-18  legally prescribe dangerous drugs or a person practicing in another
  10-19  state and licensed by another state as a physician, dentist,
  10-20  veterinarian, or podiatrist, having a current Federal Drug
  10-21  Enforcement Administration registration number, and who may legally
  10-22  prescribe Schedule II, III, IV, or V controlled substances in such
  10-23  other state; or
  10-24                    (C)  a person licensed in the Dominion of Canada
  10-25  or the United Mexican States in a health field in which, under the
   11-1  laws of this state, a licensee may legally prescribe dangerous
   11-2  drugs.  "Practitioner" does not include a person licensed under
   11-3  this Act.
   11-4              (39) <(32)>  "Preceptor" means a pharmacist in good
   11-5  standing licensed in this state to practice pharmacy and certified
   11-6  by the board to supervise and be responsible for the activities and
   11-7  functions of a pharmacist-intern in the internship program.
   11-8              (40) <(33)>  "Prescription drug" means:
   11-9                    (A)  a substance for which federal or state law
  11-10  requires a prescription before it may be legally dispensed to the
  11-11  public;
  11-12                    (B)  a drug or device that under federal law is
  11-13  required, prior to being dispensed or delivered, to be labeled with
  11-14  either of the following statements:
  11-15                          (i)  "Caution:  federal law prohibits
  11-16  dispensing without prescription"; or
  11-17                          (ii)  "Caution:  federal law restricts this
  11-18  drug to use by or on the order of a licensed veterinarian"; or
  11-19                    (C)  a drug or device that is required by any
  11-20  applicable federal or state law or regulation to be dispensed on
  11-21  prescription only or is restricted to use by a practitioner only.
  11-22              (41) <(34)>  "Prescription drug order" means:
  11-23                    (A)  an order from a practitioner or a
  11-24  practitioner's designated agent to a pharmacist for a drug or
  11-25  device to be dispensed; or
   12-1                    (B)  an order pursuant to Subdivision (5),
   12-2  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
   12-3  Vernon's Texas Civil Statutes).
   12-4              (42)  "Prospective drug use review" means a review of
   12-5  the patient's drug therapy and prescription drug order or
   12-6  medication order, as defined in the rules of the board, prior to
   12-7  dispensing or distributing the drug.
   12-8              (43) <(35)>  "Provide" means to supply one or more unit
   12-9  doses of a nonprescription drug or dangerous drug to a patient.
  12-10              (44) <(36)>  "Radioactive drug" means a drug that
  12-11  exhibits spontaneous disintegration of unstable nuclei with the
  12-12  emission of nuclear particles or photons, including any
  12-13  nonradioactive reagent kit or nuclide generator that is intended to
  12-14  be used in the preparation of any such substance.
  12-15              (45) <(37)>  "Substitution" means the dispensing of a
  12-16  drug or a brand of drug other than that which is ordered or
  12-17  prescribed.
  12-18              (46) <(38)>  "Supportive personnel" means those
  12-19  individuals utilized in pharmacies whose responsibility it shall be
  12-20  to provide <nonjudgmental> technical services that do not require
  12-21  professional judgment concerned with the preparation and
  12-22  distribution of drugs under the direct supervision of and
  12-23  responsible to a pharmacist.
  12-24              (47) <(39)>  "Ultimate user" means a person who has
  12-25  obtained and possesses a prescription drug or device for the
   13-1  person's own use or for the use of a member of the person's
   13-2  household or for administering to an animal owned by the person or
   13-3  by a member of the person's household.
   13-4              (48) <(40)>  "Unit dose packaging" means the ordered
   13-5  amount of drug in a dosage form ready for administration to a
   13-6  particular patient, by the prescribed route at the prescribed time,
   13-7  and properly labeled with name, strength, and expiration date of
   13-8  the drug.
   13-9              <(41)  "Authorized agent" means an individual under the
  13-10  supervision of a practitioner, designated by the practitioner, and
  13-11  for whom the practitioner assumes legal responsibility, who
  13-12  communicates the practitioner's instructions to the pharmacist.>
  13-13        SECTION 2.  Section 16, Texas Pharmacy Act (Article 4542a-1,
  13-14  Vernon's Texas Civil Statutes), is amended to read as follows:
  13-15        Sec. 16.  Rules.  (a)  The board shall adopt, amend, and
  13-16  repeal rules for the proper administration and enforcement of this
  13-17  Act, consistent with this Act.  The rules shall be adopted,
  13-18  amended, or repealed in accordance with the Administrative
  13-19  Procedure Act.
  13-20              (b)  If the board determines it necessary in order to
  13-21  protect the health and welfare of the citizens of this state, it
  13-22  may make a rule concerning the operation of a licensed pharmacy
  13-23  located in this state also applicable to pharmacies licensed by the
  13-24  board that are located in another state.
  13-25              (c)  The board may not adopt rules restricting
   14-1  competitive bidding or advertising by a person regulated by the
   14-2  board except to prohibit false, misleading, or deceptive practices
   14-3  by the person.
   14-4        SECTION 3.  Subsections (a), (b), and (q), Section 17, Texas
   14-5  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
   14-6  amended to read as follows:
   14-7        (a)  The board is responsible for the regulation of the
   14-8  practice of pharmacy in this state, including the following:
   14-9              (1)  the licensing by examination or by reciprocity of
  14-10  applicants who are qualified to engage in the practice of pharmacy
  14-11  and the licensing of pharmacies under this Act;
  14-12              (2)  the renewal of licenses to engage in the practice
  14-13  of pharmacy and licenses to operate pharmacies;
  14-14              (3)  the determination and issuance of standards for
  14-15  recognition and approval of degree requirements of colleges of
  14-16  pharmacy whose graduates shall be eligible for licensing in this
  14-17  state and the specification and enforcement of requirements for
  14-18  practical training, including internship;
  14-19              (4)  the enforcement of those provisions of this Act
  14-20  relating to the conduct or competence of pharmacists practicing in
  14-21  this state and the conduct of pharmacies operating in this state
  14-22  and the suspension, revocation, fining, reprimanding, cancellation,
  14-23  or restriction of licenses to engage in the practice of pharmacy or
  14-24  to operate a pharmacy;
  14-25              (5)  the specifications of conditions under which a
   15-1  pharmacist may administer medications which at a minimum shall
   15-2  include the following:
   15-3                    (A)  a licensed health care provider authorized
   15-4  to administer the medication is not reasonably available to
   15-5  administer the medication;
   15-6                    (B)  failure to administer the medication might
   15-7  result in a significant delay or interruption of a critical phase
   15-8  of drug therapy;
   15-9                    (C)  the pharmacist possesses the necessary skill
  15-10  and education to administer the medication;
  15-11                    (D)  the pharmacist notifies the appropriate
  15-12  licensed health care provider responsible for the patient's care
  15-13  within a reasonable time that the medication was administered;
  15-14                    (E)  the authority of the pharmacist to
  15-15  administer medications may not be delegated;
  15-16                    (F)  nothing in this subdivision shall be
  15-17  construed to prohibit a pharmacist from preparing or manipulating
  15-18  biotechnological agents or devices; and
  15-19                    (G)  nothing in this subdivision shall be
  15-20  construed as prohibiting a pharmacist from performing an act
  15-21  delegated by a physician in accordance with the provisions of
  15-22  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
  15-23  Vernon's Texas Civil Statutes), and the pharmacist performing such
  15-24  a delegated medical act shall be considered to be performing a
  15-25  medical act and not as engaged in the practice of pharmacy;
   16-1              (6)  the regulation of the training, qualifications,
   16-2  and employment of pharmacist-interns; and
   16-3              (7) <(6)>  the enforcement of this Act and any rules
   16-4  adopted under this Act.
   16-5        (b)  The board has the following responsibilities relating to
   16-6  the practice of pharmacy and to prescription drugs and devices used
   16-7  in this state in the diagnosis, mitigation, and treatment or
   16-8  prevention of injury, illness, and disease:
   16-9              (1)  regulation of the delivery or distribution of
  16-10  prescription drugs and devices, including the right to seize, after
  16-11  notice and hearing, any prescription drugs or devices posing a
  16-12  hazard to the public health and welfare, but the board may not
  16-13  regulate:
  16-14                    (A)  manufacturers' representatives or employees
  16-15  acting in the normal course of business;
  16-16                    (B)  persons engaged in the wholesale drug
  16-17  business and registered with the commissioner of health as provided
  16-18  by Chapter 431, Health and Safety Code; or
  16-19                    (C)  employees of persons engaged in the
  16-20  wholesale drug business and registered with the commissioner of
  16-21  health as provided by Chapter 431, Health and Safety Code, if the
  16-22  employees are acting in the normal course of business;
  16-23              (2)  specification of minimum standards for
  16-24  professional environment, technical equipment, and security in the
  16-25  prescription dispensing area;
   17-1              (3)  specification of minimum standards for drug
   17-2  storage, maintenance of prescription drug records, and procedures
   17-3  for the delivery, dispensing in a suitable container appropriately
   17-4  labeled, <or> providing of prescription drugs or devices,
   17-5  monitoring of drug therapy, and counseling of patients on proper
   17-6  use of prescription drugs and devices within the practice of
   17-7  pharmacy; and
   17-8              (4)  adoption of rules regulating a prescription drug
   17-9  order or medication order transmitted by electronic means <a
  17-10  facsimile or FAX machine>.
  17-11        (q)  Board investigative files and all information and
  17-12  materials compiled by the board in connection with an investigation
  17-13  are confidential and are not subject to disclosure under
  17-14  <considered open records for purposes of> Chapter 424, Acts of the
  17-15  63rd Legislature, Regular Session, 1973, as amended (Article
  17-16  6252-17a, Vernon's Texas Civil Statutes), and are not subject to
  17-17  disclosure, discovery, subpoena, or other means of legal compulsion
  17-18  for their release to anyone other than the board or its employees
  17-19  or agents involved in licensee discipline except that this
  17-20  information may be disclosed to:
  17-21              (1)  persons involved with the board in a disciplinary
  17-22  action against the licensee;
  17-23              (2)  pharmacist or pharmacy licensing or disciplinary
  17-24  authorities of other jurisdictions;
  17-25              (3)  a pharmaceutical peer review committee as outlined
   18-1  in Section 27A of this Act;
   18-2              (4)  law enforcement agencies; and
   18-3              (5)  persons engaged in bona fide research, if all
   18-4  individual-identifying information has been deleted.
   18-5        SECTION 4.  Subsection (c), Section 21, Texas Pharmacy Act
   18-6  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   18-7  read as follows:
   18-8        (c)  The examinations for licensing required under this
   18-9  section shall be given by the board at least two times during the
  18-10  fiscal year of the state.  The board shall determine the content
  18-11  and subject matter of each examination and determine which persons
  18-12  have successfully passed the examination.  An applicant who fails
  18-13  the examination may retake the examination two additional times.
  18-14  Before an applicant who has failed the examination three times is
  18-15  allowed to retake the examination, the applicant shall provide
  18-16  documentation from a college of pharmacy that additional college
  18-17  course work in subject areas the applicant failed in the
  18-18  examination has been successfully completed.  If a person who fails
  18-19  the licensing examination administered under this Act so requests
  18-20  in writing, the board shall furnish the person an analysis of his
  18-21  performance on the examination.
  18-22        SECTION 5.  Subsection (a), Section 26, Texas Pharmacy Act
  18-23  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  18-24  read as follows:
  18-25        (a)  Grounds for Disciplining a Holder of a Pharmacist
   19-1  License:  The board shall refuse to issue a pharmacist license for
   19-2  failure to meet the requirements of Section 21 or 22 of this Act.
   19-3  The board may in its discretion refuse to issue or renew a license
   19-4  or may fine, reprimand, revoke, restrict, cancel, retire, or
   19-5  suspend any license granted by the board<,> and may probate any
   19-6  license suspension if the board finds that the applicant or
   19-7  licensee has:
   19-8              (1)  violated any provision of this Act or any of the
   19-9  rules of the board adopted under this Act;
  19-10              (2)  engaged in unprofessional conduct as that term is
  19-11  defined by the rules of the board;
  19-12              (3)  engaged in gross immorality as that term is
  19-13  defined by the rules of the board;
  19-14              (4)  developed an incapacity of a nature that prevents
  19-15  a pharmacist or applicant from engaging in the practice of pharmacy
  19-16  with reasonable skill, competence, and safety to the public.  In
  19-17  enforcing this subdivision, the board shall, on probable cause,
  19-18  request a pharmacist or applicant to submit to a mental or physical
  19-19  examination by physicians or other health care professionals
  19-20  designated by the board.  If the pharmacist or applicant refuses to
  19-21  submit to the examination, the board shall issue an order requiring
  19-22  the pharmacist or applicant to show cause why he will not submit to
  19-23  the examination and shall schedule a hearing on the order within 30
  19-24  days after notice is served on the pharmacist or applicant.  The
  19-25  pharmacist or applicant shall be notified by either personal
   20-1  service or certified mail with return receipt requested.  At the
   20-2  hearing, the pharmacist or applicant and his attorney are entitled
   20-3  to present any testimony and other evidence to show why the
   20-4  pharmacist or applicant should not be required to submit to the
   20-5  examination.  After the hearing, the board shall issue an order
   20-6  either requiring the pharmacist or applicant to submit to the
   20-7  examination or withdrawing the request for examination;
   20-8              (5)  engaged in any fraud, deceit, or misrepresentation
   20-9  as those words are defined by the rules of the board in the
  20-10  practice of pharmacy or in seeking a license to act as a
  20-11  pharmacist;
  20-12              (6)  been convicted of a felony or a misdemeanor
  20-13  involving moral turpitude by a court of competent jurisdiction;
  20-14              (7)  a drug or alcohol dependency;
  20-15              (8)  failed to keep and maintain records required by
  20-16  this Act or failed to keep and maintain complete and accurate
  20-17  records of purchases and disposals of drugs listed in the
  20-18  Controlled Substances Act or the Dangerous Drug Act;
  20-19              (9)  violated any provision of the Controlled
  20-20  Substances Act or Dangerous Drug Act or a rule relating to those
  20-21  acts or any provision of Sections 485.031-485.035, Health and
  20-22  Safety Code, or a rule adopted under Section 485.011, Health and
  20-23  Safety Code;
  20-24              (10)  aided or abetted an unlicensed individual to
  20-25  engage in the practice of pharmacy if the pharmacist knew or
   21-1  reasonably should have known that the individual was unlicensed at
   21-2  the time;
   21-3              (11)  refused an entry into any pharmacy for any
   21-4  inspection authorized by this Act if the pharmacist had received
   21-5  notification from which the pharmacist knew or reasonably should
   21-6  have known that the attempted inspection was authorized;
   21-7              (12)  violated the pharmacy or drug laws or rules of
   21-8  this state or any other state or of the United States;
   21-9              (13)  been negligent in the practice of pharmacy;
  21-10              (14)  failed to submit to an examination after hearing
  21-11  and being ordered to do so by the board pursuant to Subdivision (4)
  21-12  of this subsection;
  21-13              (15)  dispensed prescription drugs while acting outside
  21-14  the usual course and scope of professional practice; or
  21-15              (16)  had a license to practice pharmacy issued by
  21-16  another state canceled, revoked, surrendered, or suspended for
  21-17  conduct substantially equivalent to conduct described in
  21-18  Subdivisions (1) through (15) of this subsection.  A certified copy
  21-19  of the record of the state taking action as set out above shall be
  21-20  conclusive evidence of the action taken by such state.
  21-21        SECTION 6.  Subsections (a) and (b), Section 26A, Texas
  21-22  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
  21-23  amended to read as follows:
  21-24        (a)  On the entry of an initial order against an applicant
  21-25  for a license to practice pharmacy or a person licensed by the
   22-1  board to practice pharmacy, the board may refuse to issue a license
   22-2  to the applicant or suspend the person's license.  On the person's
   22-3  final conviction, the board may revoke the person's license.
   22-4        (b)  On the entry of an initial order against an applicant
   22-5  for a license for a pharmacy or a person who has been issued a
   22-6  license or renewal license for a pharmacy under this Act, or
   22-7  against a managing officer of the licensee or applicant if the
   22-8  licensee or applicant is an association, joint-stock company,
   22-9  partnership, or corporation, the board may refuse to issue the
  22-10  license or suspend the license.  On final conviction, the board may
  22-11  revoke the license.
  22-12        SECTION 7.  Subsection (a), Section 26B, Texas Pharmacy Act
  22-13  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  22-14  read as follows:
  22-15        (a)  The board may in its discretion refuse to issue or renew
  22-16  a license or may fine or reprimand any licensee or revoke,
  22-17  restrict, cancel, or suspend any license granted by the board, if
  22-18  the board finds that an applicant or licensee has:
  22-19              (1)  dispensed a drug, quantity, or strength of drug
  22-20  other than that which is ordered for the patient by a practitioner
  22-21  or labeled a prescription with incorrect directions for use;
  22-22              (2)  violated any of the following provisions of this
  22-23  Act:
  22-24                    (A)  Section 29(a), (b)(5), or (c)(5);
  22-25                    (B)  Section 30(i) or (j); or
   23-1                    (C)  Section 32(a);
   23-2              (3)  failed to comply with the following requirements
   23-3  unless compliance would violate the pharmacy or drug laws or rules
   23-4  in the state in which the pharmacy is located:
   23-5                    (A)  Section 481.074 or 481.075, Health and
   23-6  Safety Code;
   23-7                    (B)  Texas substitution requirements regarding:
   23-8                          (i)  the practitioner's directions relative
   23-9  to generic substitution;
  23-10                          (ii)  the patient's right to refuse generic
  23-11  substitution; or
  23-12                          (iii)  notification to the patient of the
  23-13  patient's right to refuse substitution; <or>
  23-14                    (C)  board rules relating to the provision of
  23-15  drug information to the patient or patient's agent in written form
  23-16  or by telephone; or
  23-17                    (D)  board rules adopted pursuant to Section
  23-18  16(a) of this Act and determined by the board to be applicable
  23-19  pursuant to Section 16(b) of this Act; or
  23-20              (4)  engaged in conduct which caused serious bodily
  23-21  injury to a Texas resident.
  23-22        SECTION 8.  Section 27A, Texas Pharmacy Act (Article 4542a-1,
  23-23  Vernon's Texas Civil Statutes), is amended by amending Subsection
  23-24  (d) and adding Subsection (j) to read as follows:
  23-25        (d)  The records and proceedings of the board, its authorized
   24-1  agents, or any pharmaceutical organization committee as set out in
   24-2  Subsections (a) and (b) of this section shall be confidential and
   24-3  are not considered open records for the purposes of Chapter 424,
   24-4  Acts of the 63rd Legislature, Regular Session, 1973, as amended
   24-5  (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
   24-6  however, the board may disclose this confidential information only:
   24-7              (1)  in a disciplinary hearing before the board or in a
   24-8  subsequent trial or appeal of a board action or order;
   24-9              (2)  to the pharmacist licensing or disciplinary
  24-10  authorities of other jurisdictions; <or>
  24-11              (3)  pursuant to an order of a court of competent
  24-12  jurisdiction; or
  24-13              (4)  pursuant to Subsection (j) of this section.
  24-14        (j)  The board may disclose that the license of a pharmacist
  24-15  who is the subject of an order of the board deemed confidential by
  24-16  Subsection (d) of this section is suspended, revoked, canceled,
  24-17  restricted, or retired or that the pharmacist is in any manner
  24-18  otherwise limited in the practice of pharmacy; however, the board
  24-19  may not disclose the nature of the impairment or other information
  24-20  that resulted in such action.
  24-21        SECTION 9.  Subsection (b), Section 28, Texas Pharmacy Act
  24-22  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  24-23  read as follows:
  24-24        (b)  A person whose pharmacy license or license to practice
  24-25  pharmacy in this state has been canceled, revoked, or restricted
   25-1  under this Act, whether voluntarily or by action of the board, may,
   25-2  after 12 months from the effective date of the cancellation,
   25-3  revocation, or restriction, petition the board for reinstatement or
   25-4  removal of the restriction of the license.  The petition shall be
   25-5  in writing and in the form prescribed by the board.  On
   25-6  investigation and review of the petition <hearing>, the board may
   25-7  in its discretion grant or deny the petition or it may modify its
   25-8  original finding to reflect any circumstances that have changed
   25-9  sufficiently to warrant the modification.  If such petition is
  25-10  denied by the board, a subsequent petition may not be considered by
  25-11  the board until 12 months from the date of denial of the previous
  25-12  petition.  The board in its discretion may require such person to
  25-13  pass an examination or examinations for reentry into the practice
  25-14  of pharmacy.
  25-15        SECTION 10.  Subsection (a), Section 32, Texas Pharmacy Act
  25-16  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  25-17  read as follows:
  25-18        (a)  A pharmacy shall report in writing to the board not
  25-19  later than the 10th day after the date of the occurrence, unless
  25-20  immediate notification is required by this section, any of the
  25-21  following:
  25-22              (1)  permanent closing;
  25-23              (2)  change of ownership;
  25-24              (3)  change of location;
  25-25              (4)  change of pharmacist-in-charge;
   26-1              (5)  the theft or significant loss of any controlled
   26-2  substances, immediately on discovery of the theft or loss, by
   26-3  including with the notification to the board of the theft or loss a
   26-4  list of all controlled substances stolen or lost;
   26-5              (6)  the sale or transfer of controlled substances or
   26-6  dangerous drugs on the permanent closing or change of ownership of
   26-7  the pharmacy;
   26-8              (7)  any matters and occurrences that the board may
   26-9  require by rule;
  26-10              (8)  out-of-state purchases of controlled substances as
  26-11  determined by the board; <and>
  26-12              (9)  a disaster, accident, or emergency that may affect
  26-13  the strength, purity, or labeling of a drug, medication, device, or
  26-14  other material used in the diagnosis or the treatment of injury,
  26-15  illness, and disease, immediately on the occurrence of the
  26-16  disaster, accident, or emergency;
  26-17              (10)  <.  (9)> a final order against the holder of a
  26-18  Class E pharmacy license by the regulatory or licensing agency of
  26-19  the state in which the pharmacy is located; and
  26-20              (11) <(10)>  a final order against a pharmacist who is
  26-21  designated as the pharmacist-in-charge of a Class E pharmacy by the
  26-22  regulatory or licensing agency of the state in which the pharmacy
  26-23  is located.
  26-24        SECTION 11.  Section 40, Texas Pharmacy Act (Article 4542a-1,
  26-25  Vernon's Texas Civil Statutes), is amended by amending Subsections
   27-1  (d) through (k) to read as follows:
   27-2        (d)  With the patient's consent and notification to the
   27-3  practitioner, a pharmacist may dispense a dosage form of a drug
   27-4  product different from that prescribed, such as tablet instead of
   27-5  capsule or liquid instead of tablet, provided the dosage form so
   27-6  dispensed:
   27-7              (1)  contains the identical amount of the active
   27-8  ingredients as the dosage prescribed for the patient;
   27-9              (2)  is not an enteric-coated or time release product;
  27-10  and
  27-11              (3)  does not alter desired clinical outcomes.
  27-12        (e)  Unless otherwise directed by the practitioner, the label
  27-13  on the dispensing container shall indicate the actual drug product
  27-14  dispensed, either (1)  the brand name, or if none (2)  the generic
  27-15  name, the strength, and the name of the manufacturer or
  27-16  distributor.  In instances where a drug product has been selected
  27-17  other than the one prescribed, the pharmacist shall place on the
  27-18  container the words "Substituted for brand prescribed" or
  27-19  "Substituted for 'brand name'" where "brand name" is the actual
  27-20  name of the brand name drug product prescribed.<"  The brand name
  27-21  of the prescribed drug shall not appear on the prescription
  27-22  container label unless it is the drug product actually dispensed.>
  27-23        (f) <(e)>  A pharmacist may not select a generically
  27-24  equivalent drug unless the generically equivalent drug selected
  27-25  costs the patient less than the prescribed drug product.  A
   28-1  pharmacist may not charge a higher professional fee for dispensing
   28-2  a generically equivalent drug product than the fee he or she
   28-3  customarily charges for dispensing the brand name product
   28-4  prescribed.
   28-5        (g)(1) <(f)>  A pharmacist who selects a generically
   28-6  equivalent drug product as authorized by this section shall:
   28-7                    (A) <(1)>  personally, or through his or her
   28-8  agent or employee and prior to delivery of a generically equivalent
   28-9  drug product, inform the patient or the patient's agent that a less
  28-10  expensive generically equivalent drug product has been substituted
  28-11  for the brand prescribed and the patient or patient's agent's right
  28-12  to refuse such substitution; or
  28-13                    (B) <(2)>  cause to be displayed, in a prominent
  28-14  place that is in clear public view where prescription drugs are
  28-15  dispensed, a sign in block letters not less than one inch in height
  28-16  that reads, in both English and Spanish:
  28-17        "TEXAS LAW ALLOWS A LESS EXPENSIVE GENERICALLY
  28-18        EQUIVALENT DRUG TO BE SUBSTITUTED FOR CERTAIN BRAND
  28-19        NAME DRUGS UNLESS YOUR PHYSICIAN DIRECTS OTHERWISE.
  28-20        YOU HAVE A RIGHT TO REFUSE SUCH SUBSTITUTION.  CONSULT
  28-21        YOUR PHYSICIAN OR PHARMACIST CONCERNING THE
  28-22        AVAILABILITY OF A SAFE, LESS EXPENSIVE DRUG FOR YOUR
  28-23        USE."
  28-24        Only one sign displayed in a pharmacy, as required above,
  28-25  shall be deemed compliance with this subsection.
   29-1              (2) <(3)>  A pharmacist complies with the requirements
   29-2  of this section if an employee or agent of the pharmacist notifies
   29-3  a purchaser as required by Paragraph (A) of Subdivision (1) of this
   29-4  subsection.  The patient or patient's agent shall have the right to
   29-5  refuse such product selection.
   29-6        (h) <(g)>  No written prescription issued by a practitioner,
   29-7  as such term is defined in Section 5(30)(A) of this Act, may be
   29-8  dispensed unless it is ordered on a form containing two signature
   29-9  lines of equal prominence, side by side, at the bottom of the form.
  29-10  Under either signature line shall be printed clearly the words
  29-11  "product selection permitted," and under the other signature line
  29-12  shall be printed clearly the words "dispense as written."  The
  29-13  practitioner shall communicate dispensing instructions to the
  29-14  pharmacist by signing on the appropriate line.  If the
  29-15  practitioner's signature does not clearly indicate that the
  29-16  prescription must be dispensed as written, generically equivalent
  29-17  drug selection is permitted.  No prescription form furnished a
  29-18  practitioner shall contain a preprinted order for a drug product by
  29-19  brand name, generic name, or manufacturer.
  29-20        (i) <(h)>  If a prescription is transmitted to a pharmacist
  29-21  orally, the pharmacist shall note any dispensing instructions by
  29-22  the practitioner or the practitioner's agent on the file copy of
  29-23  the prescription and retain the prescription for the period of time
  29-24  specified by law.  Properly authorized prescription refills shall
  29-25  follow the original dispensing instructions unless otherwise
   30-1  indicated by the practitioner or practitioner's agent.
   30-2        (j) <(i)>  A pharmacist shall record on the prescription form
   30-3  the name, strength, and manufacturer or distributor of any drug
   30-4  product dispensed as herein authorized.
   30-5        (k) <(j)>  A pharmacist who selects a generically equivalent
   30-6  drug to be dispensed pursuant to this section assumes the same
   30-7  responsibility for selecting the generically equivalent drug that
   30-8  he does in filling a prescription for a drug product prescribed by
   30-9  generic name.  There shall be no liability on the prescriber for an
  30-10  act or omission by a pharmacist in selecting, preparing, or
  30-11  dispensing a drug product pursuant to this section.
  30-12        (l) <(k)>  Drug product selection as authorized in this
  30-13  section shall not apply to enteric-coated tablets; controlled
  30-14  release products; injectable suspensions, other than antibiotics;
  30-15  suppositories containing active ingredients for which systemic
  30-16  absorption is necessary for therapeutic activity; and different
  30-17  delivery systems for aerosol or nebulizer drugs.  This subsection
  30-18  shall not apply to any drug product which is determined to be
  30-19  generically equivalent to the brand prescribed.
  30-20        SECTION 12.  The Texas Pharmacy Act (Article 4542a-1,
  30-21  Vernon's Texas Civil Statutes) is amended by adding Sections 40B
  30-22  and 40C to read as follows:
  30-23        Sec. 40B.  EMERGENCY REFILLS.  A pharmacist may exercise his
  30-24  professional judgment in refilling a prescription for a
  30-25  prescription drug, other than a controlled substance listed in
   31-1  Schedule II, without the authorization of the prescribing
   31-2  practitioner, provided:
   31-3              (1)  failure to refill the prescription might result in
   31-4  an interruption of a therapeutic regimen or create patient
   31-5  suffering;
   31-6              (2)  either:
   31-7                    (A)  a natural or manmade disaster has occurred
   31-8  which prohibits the pharmacist from being able to contact the
   31-9  practitioner; or
  31-10                    (B)  the pharmacist is unable to contact the
  31-11  practitioner after reasonable effort;
  31-12              (3)  the quantity of prescription drug dispensed does
  31-13  not exceed a 72-hour supply;
  31-14              (4)  the pharmacist informs the patient or the
  31-15  patient's agent at the time of dispensing that the refill is being
  31-16  provided without such authorization and that authorization of the
  31-17  practitioner is required for future refills; and
  31-18              (5)  the pharmacist informs the practitioner of the
  31-19  emergency refill at the earliest reasonable time.
  31-20        Sec. 40C.  RELEASE OF CONFIDENTIAL RECORDS.  Confidential
  31-21  records are privileged and may be released only to:
  31-22              (1)  the patient or the patient's agent;
  31-23              (2)  practitioners and other pharmacists when, in the
  31-24  pharmacist's professional judgment, such release is necessary to
  31-25  protect the patient's health and well-being;
   32-1              (3)  other persons, the board, or other state or
   32-2  federal agencies authorized by law to receive such confidential
   32-3  records;
   32-4              (4)  a law enforcement agency engaged in investigation
   32-5  of suspected violations of the Controlled Substances Act or the
   32-6  Dangerous Drug Act;
   32-7              (5)  a person employed by any state agency which
   32-8  licenses a practitioner as defined in this Act if such person is
   32-9  engaged in the performance of the person's official duties; or
  32-10              (6)  an insurance carrier or other third party payor
  32-11  authorized by a patient to receive such information.
  32-12        SECTION 13.  Subdivision (41), Section 481.002, Health and
  32-13  Safety Code, is amended to read as follows:
  32-14              (41)  "Prescription" means an order by a practitioner
  32-15  to a pharmacist for a controlled substance for a particular patient
  32-16  that specifies:
  32-17                    (A)  the date of issue;
  32-18                    (B)  the name and address of the patient or, if
  32-19  the controlled substance is prescribed for an animal, the species
  32-20  of the animal and the name and address of its owner;
  32-21                    (C)  the name and quantity of the controlled
  32-22  substance prescribed with the quantity shown numerically followed
  32-23  by the number written as a word if the order is written or, if the
  32-24  order is communicated orally or telephonically, with the quantity
  32-25  given by the practitioner and transcribed by the pharmacist
   33-1  numerically; <and>
   33-2                    (D)  directions for the use of the drug;
   33-3                    (E)  the intended use of the controlled substance
   33-4  or the diagnosis for which the controlled substance is prescribed;
   33-5  and
   33-6                    (F)  the name, address, Federal Drug Enforcement
   33-7  Administration registration number, and telephone number of the
   33-8  practitioner at the practitioner's usual place of business, legibly
   33-9  printed or stamped.
  33-10        SECTION 14.  Section 481.074, Health and Safety Code, is
  33-11  amended by amending Subsections (d) through (i) and adding
  33-12  Subsection (l) to read as follows:
  33-13        (d)  Except as specified in Subsections (e) and (f) of this
  33-14  section, a <A> person may not fill a prescription for a controlled
  33-15  substance listed in Schedule II after the end of the seventh day
  33-16  after the date on which the prescription is issued.  A person may
  33-17  not refill a prescription for a substance listed in Schedule II.
  33-18        (e)  The partial filling of a prescription for a controlled
  33-19  substance listed in Schedule II is permissible, if the pharmacist
  33-20  is unable to supply the full quantity called for in a written or
  33-21  emergency oral prescription and the pharmacist makes a notation of
  33-22  the quantity supplied on the face of the written prescription or
  33-23  written record of the emergency oral prescription.  The remaining
  33-24  portion of the prescription may be filled within 72 hours of the
  33-25  first partial filling; however, if the remaining portion is not or
   34-1  cannot be filled within the 72-hour period, the pharmacist shall so
   34-2  notify the prescribing individual practitioner.  No further
   34-3  quantity may be supplied beyond 72 hours without a new
   34-4  prescription.
   34-5        (f)  A prescription for a Schedule II controlled substance
   34-6  written for a patient in a long-term care facility (LTCF) or for a
   34-7  patient with a medical diagnosis documenting a terminal illness may
   34-8  be filled in partial quantities to include individual dosage units.
   34-9  If there is any question about whether a patient may be classified
  34-10  as having a terminal illness, the pharmacist must contact the
  34-11  practitioner prior to partially filling the prescription.  Both the
  34-12  pharmacist and the practitioner have a corresponding responsibility
  34-13  to assure that the controlled substance is for a terminally ill
  34-14  patient.  The pharmacist must record on the prescription whether
  34-15  the patient is "terminally ill" or an "LTCF patient."  A
  34-16  prescription that is partially filled and does not contain the
  34-17  notation "terminally ill" or "LTCF patient" shall be deemed to have
  34-18  been filled in violation of this Act.  For each partial filling,
  34-19  the dispensing pharmacist shall record on the back of Copy 1 and
  34-20  Copy 2 of the prescription the date of the partial filling, the
  34-21  quantity dispensed, the remaining quantity authorized to be
  34-22  dispensed, and the identification of the dispensing pharmacist.
  34-23  Prior to any subsequent partial filling the pharmacist is to
  34-24  determine that the additional partial filling is necessary.  The
  34-25  total quantity of Schedule II controlled substances dispensed in
   35-1  all partial fillings must not exceed the total quantity prescribed.
   35-2  Schedule II prescriptions for patients in a long-term care facility
   35-3  or patients with a medical diagnosis documenting a terminal illness
   35-4  shall be valid for a period not to exceed 30 days from the issue
   35-5  date unless sooner terminated by discontinuance of the medication.
   35-6        (g)  A person may not dispense a controlled substance in
   35-7  Schedule III or IV that is a prescription drug under the Federal
   35-8  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.)
   35-9  without a written, oral, or telephonically communicated
  35-10  prescription of a practitioner defined by Section 481.002(39)(A),
  35-11  except that the practitioner may dispense the substance directly to
  35-12  an ultimate user.  A prescription for a controlled substance listed
  35-13  in Schedule III or IV may not be filled or refilled later than six
  35-14  months after the date on which the prescription is issued and may
  35-15  not be refilled more than five times, unless the prescription is
  35-16  renewed by the practitioner.
  35-17        (h) <(f)>  A pharmacist may dispense a controlled substance
  35-18  listed in Schedule III, IV, or V under an original written
  35-19  prescription issued by a practitioner defined by Section
  35-20  481.002(38)(C) and only if the pharmacist determines that the
  35-21  prescription was issued for a valid medical purpose and in the
  35-22  course of professional practice.  A prescription issued under this
  35-23  subsection may not be filled or refilled later than six months
  35-24  after the date the prescription is issued, and a prescription
  35-25  authorized to be refilled on the original prescription may not be
   36-1  refilled more than five times.
   36-2        (i) <(g)>  A person may not dispense a controlled substance
   36-3  listed in Section 481.036(1) or (2) without the prescription of a
   36-4  practitioner defined by Section 481.002(39)(A), except that a
   36-5  practitioner may dispense the substance directly to an ultimate
   36-6  user.  A prescription issued under this subsection may not be
   36-7  filled or refilled later than six months after the date the
   36-8  prescription is issued and may not be refilled more than five
   36-9  times, unless the prescription is renewed by the practitioner.
  36-10        (j) <(h)>  A practitioner or institutional practitioner may
  36-11  not allow a patient, on the patient's release from the hospital, to
  36-12  possess a controlled substance prescribed by the practitioner
  36-13  unless:
  36-14              (1)  the substance was dispensed under a medication
  36-15  order while the patient was admitted to the hospital;
  36-16              (2)  the substance is in a properly labeled container;
  36-17  and
  36-18              (3)  the patient possesses not more than a seven-day
  36-19  supply of the substance.
  36-20        (k) <(i)>  A prescription for a controlled substance must
  36-21  show:
  36-22              (1)  the quantity of the substance prescribed:
  36-23                    (A)  numerically, followed by the number written
  36-24  as a word, if the prescription is written; or
  36-25                    (B)  if the prescription is communicated orally
   37-1  or telephonically, as transcribed by the receiving pharmacist;
   37-2              (2)  the date of issue;
   37-3              (3)  the name and address of the patient or, if the
   37-4  controlled substance is prescribed for an animal, the species of
   37-5  the animal and the name and address of its owner;
   37-6              (4)  the name and strength of the controlled substance
   37-7  prescribed;
   37-8              (5)  the directions for use of the controlled
   37-9  substance; <and>
  37-10              (6)  the intended use of the controlled substance or
  37-11  the diagnosis for which the controlled substance is prescribed; and
  37-12              (7)  the name, address, <and> Federal Drug Enforcement
  37-13  Administration registration number, and telephone number of the
  37-14  practitioner at the practitioner's usual place of business, legibly
  37-15  printed or stamped.
  37-16        (l)  A pharmacist may exercise his professional judgment in
  37-17  refilling a prescription for a controlled substance in Schedule
  37-18  III, IV, or V without the authorization of the prescribing
  37-19  practitioner provided:
  37-20              (1)  failure to refill the prescription might result in
  37-21  an interruption of a therapeutic regimen or create patient
  37-22  suffering;
  37-23              (2)  either:
  37-24                    (A)  a natural or manmade disaster has occurred
  37-25  which prohibits the pharmacist from being able to contact the
   38-1  practitioner; or
   38-2                    (B)  the pharmacist is unable to contact the
   38-3  practitioner after reasonable effort;
   38-4              (3)  the quantity of prescription drug dispensed does
   38-5  not exceed a 72-hour supply;
   38-6              (4)  the pharmacist informs the patient or the
   38-7  patient's agent at the time of dispensing that the refill is being
   38-8  provided without such authorization and that authorization of the
   38-9  practitioner is required for future refills; and
  38-10              (5)  the pharmacist informs the practitioner of the
  38-11  emergency refill at the earliest reasonable time.
  38-12        SECTION 15.  Subsections (d), (e), and (f), Section 481.075,
  38-13  Health and Safety Code, are amended to read as follows:
  38-14        (d)  Except for oral prescriptions prescribed under Section
  38-15  481.074(b), the prescribing practitioner shall:
  38-16              (1)  legibly fill in, or direct a designated agent to
  38-17  legibly fill in, on all three copies of the form in the space
  38-18  provided:
  38-19                    (A)  the date the prescription is written;
  38-20                    (B)  the drug prescribed, the quantity (shown
  38-21  numerically followed by the number written as a word), <and>
  38-22  instructions for use, and the intended use of the drug or the
  38-23  diagnosis for which the controlled substance is prescribed; and
  38-24                    (C)  the name, address, and age of the patient
  38-25  or, in the case of an animal, its owner, for whom the controlled
   39-1  substance is prescribed;
   39-2              (2)  sign Copies 1 and 2 of the form and give them to
   39-3  the person authorized to receive the prescription; and
   39-4              (3)  retain Copy 3 of the form with the practitioner's
   39-5  records for at least two years after the date the prescription is
   39-6  written.
   39-7        (e)  In the case of an oral prescription prescribed under
   39-8  Section 481.074(b), the prescribing practitioner shall give the
   39-9  dispensing pharmacy the information needed to complete the form.
  39-10        (f)  Each dispensing pharmacist shall:
  39-11              (1)  fill in on Copies 1 and 2 of the form in the space
  39-12  provided the information not required to be filled in by the
  39-13  prescribing practitioner or the Department of Public Safety;
  39-14              (2)  indicate the total quantity dispensed on the face
  39-15  of the triplicate prescription form;
  39-16              (3)  retain Copy 2 with the records of the pharmacy for
  39-17  at least two years; and
  39-18              (4) <(3)>  sign Copy 1 and send it to the Department of
  39-19  Public Safety not later than the 30th day after the date the
  39-20  prescription is filled or not later than the 30th day after the
  39-21  completion of a prescription dispensed under Section 481.074(f).
  39-22        SECTION 16.  Subchapter A, Chapter 483, Health and Safety
  39-23  Code, is amended by adding Section 483.0001 and amending Section
  39-24  483.001 to read as follows:
  39-25        Sec. 483.0001.  SHORT TITLE.  This Act may be cited as the
   40-1  Texas Dangerous Drug Act.
   40-2        Sec. 483.001.  DEFINITIONS.  In this chapter:
   40-3              (1) <(2)>  "Board" means the Texas State Board of
   40-4  Pharmacy.
   40-5              (2) <(3)>  "Dangerous drug" means a device or a drug
   40-6  that is unsafe for self-medication and that is not included in
   40-7  Schedules I through V or Penalty Groups 1 through 4 of Chapter 481
   40-8  (Texas Controlled Substances Act).  The term includes a device or a
   40-9  drug that bears or is required to bear the legend:
  40-10                    (A)  Caution:  federal law prohibits dispensing
  40-11  without prescription; or
  40-12                    (B)  Caution:  federal law restricts this drug to
  40-13  use by or on the order of a licensed veterinarian.
  40-14              (3) <(4)>  "Deliver" means to sell, dispense, give
  40-15  away, or supply in any other manner.
  40-16              (4)  "Designated agent" means:
  40-17                    (A)  a licensed nurse, physician assistant,
  40-18  pharmacist, or other individual designated by a practitioner to
  40-19  communicate prescription drug orders to a pharmacist;
  40-20                    (B)  a licensed nurse, physician assistant, or
  40-21  pharmacist employed in a health care facility to whom the
  40-22  practitioner communicates a prescription drug order; or
  40-23                    (C)  a registered nurse or physician assistant
  40-24  authorized by a practitioner to carry out a prescription drug order
  40-25  for dangerous drugs under Section 3.06(d)(5), Medical Practice Act
   41-1  (Article 4495b, Vernon's Texas Civil Statutes).
   41-2              (5)  "Dispense" means to prepare, package, compound, or
   41-3  label a dangerous drug in the course of professional practice for
   41-4  delivery under the lawful order of a practitioner to an ultimate
   41-5  user or the user's agent.
   41-6              (6)  "Manufacturer" means a person, other than a
   41-7  pharmacist, who manufactures dangerous drugs.  The term includes a
   41-8  person who prepares dangerous drugs in dosage form by mixing,
   41-9  compounding, encapsulating, entableting, or any other process.
  41-10              (7)  "Patient" means:
  41-11                    (A)  an individual for whom a dangerous drug is
  41-12  prescribed or to whom a dangerous drug is administered; or
  41-13                    (B)  an owner or the agent of an owner of an
  41-14  animal for which a dangerous drug is prescribed or to which a
  41-15  dangerous drug is administered.
  41-16              (8)  "Person" includes an individual, corporation,
  41-17  partnership, and association.
  41-18              (9)  "Pharmacist" means a person licensed by the Texas
  41-19  State Board of Pharmacy to practice pharmacy.
  41-20              (10)  "Pharmacy" means a facility licensed by the board
  41-21  pursuant to Section 29, Texas Pharmacy Act (Article 4542a-1,
  41-22  Vernon's Texas Civil Statutes) <in which the practice of pharmacy
  41-23  occurs>.
  41-24              (11)  "Practice of pharmacy" means:
  41-25                    (A)  provision of those acts or services
   42-1  necessary to provide pharmaceutical care;
   42-2                    (B)  interpretation and evaluation of
   42-3  prescription drug orders or medication orders;
   42-4                    (C)  participation in drug and device selection
   42-5  as authorized by law, drug administration, drug regimen review, or
   42-6  drug or drug-related research;
   42-7                    (D)  provision of patient counseling; and
   42-8                    (E)  responsibility for:
   42-9                          (i)  dispensing of prescription drug orders
  42-10  or distribution of medication orders in the patient's best
  42-11  interest;
  42-12                          (ii)  compounding and labeling of drugs and
  42-13  devices, except labeling by a manufacturer, repackager, or
  42-14  distributor of nonprescription drugs and commercially packaged
  42-15  prescription drugs and devices;
  42-16                          (iii)  proper and safe storage of drugs and
  42-17  devices; and
  42-18                          (iv)  maintenance of proper records for
  42-19  drugs and devices <the interpretation and evaluation of
  42-20  prescription or medication orders, the dispensing and labeling of
  42-21  drugs or devices, the selection of drugs and the review of drug
  42-22  use, the storage of prescription drugs and devices and the
  42-23  maintenance of prescription drug records in a pharmacy, the giving
  42-24  of advice or consultation if necessary or required by law about the
  42-25  therapeutic value, content, hazard, or use of drugs or devices, or
   43-1  the offer to perform or the performance of the services and
   43-2  transactions necessary to operate a pharmacy>.  In this
   43-3  subdivision, "device" has the meaning assigned by the Texas
   43-4  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).
   43-5              (12)  "Practitioner" means a person licensed:
   43-6                    (A)  by the Texas State Board of Medical
   43-7  Examiners, State Board of Dental Examiners, Texas State Board of
   43-8  Podiatry Examiners, Texas Optometry Board, or State Board of
   43-9  Veterinary Medical Examiners to prescribe and administer dangerous
  43-10  drugs;
  43-11                    (B)  by another state in a health field in which,
  43-12  under the laws of this state, a licensee may legally prescribe
  43-13  dangerous drugs; or
  43-14                    (C)  in Canada or Mexico in a health field in
  43-15  which, under the laws of this state, a licensee may legally
  43-16  prescribe dangerous drugs.
  43-17              (13)  "Prescription" means an order from a
  43-18  practitioner, or an agent of the practitioner designated in writing
  43-19  as authorized to communicate prescriptions, or an order made in
  43-20  accordance with Section 3.06(d)(5), Medical Practice Act (Article
  43-21  4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
  43-22  dangerous drug to be dispensed that states:
  43-23                    (A)  the date of the order's issue;
  43-24                    (B)  the name and address of the patient;
  43-25                    (C)  if the drug is prescribed for an animal, the
   44-1  species of the animal;
   44-2                    (D)  the name and quantity of the drug
   44-3  prescribed; <and>
   44-4                    (E)  the directions for the use of the drug;
   44-5                    (F)  the intended use of the drug or the
   44-6  diagnosis for which the drug is prescribed; and
   44-7                    (G)  the name, address, and telephone number of
   44-8  the practitioner at the practitioner's usual place of business,
   44-9  legibly printed or stamped.
  44-10              (14)  "Warehouseman" means a person who stores
  44-11  dangerous drugs for others and who has no control over the
  44-12  disposition of the drugs except for the purpose of storage.
  44-13              (15)  "Wholesaler" means a person engaged in the
  44-14  business of distributing dangerous drugs to a person listed in
  44-15  Sections 483.041(c)(1)-(6).
  44-16        SECTION 17.  Section 483.022, Health and Safety Code, is
  44-17  amended to read as follows:
  44-18        Sec. 483.022.  Practitioner's Designated Agent;
  44-19  Practitioner's Responsibilities.  (a)  A practitioner shall provide
  44-20  in writing the name of each<:>
  44-21              <(1)>  designated agent as defined by Section
  44-22  483.001(4)(A) and (C), and the name of each healthcare facility
  44-23  which employs persons defined by Section 483.001(4)(B) <authorized
  44-24  by the practitioner to communicate prescriptions for the
  44-25  practitioner; and>
   45-1              <(2)  registered nurse or physician assistant
   45-2  authorized to carry out a prescription drug order under Section
   45-3  3.06(d)(5), Medical Practice Act (Article 4495b, Vernon's Texas
   45-4  Civil Statutes)>.
   45-5        (b)  The practitioner shall maintain at the practitioner's
   45-6  usual place of business a list of the designated agents or
   45-7  healthcare facilities as defined by Section 483.001(4) <and a list
   45-8  of the designated registered nurses or physician assistants
   45-9  authorized to carry out a prescription drug order>.
  45-10        <(b)  The practitioner shall maintain at the practitioner's
  45-11  usual place of business a list of each designated agent, registered
  45-12  nurse, or physician assistant who is authorized to carry out a
  45-13  prescription drug order.>
  45-14        (c)  The practitioner shall provide a pharmacist with a copy
  45-15  of the practitioner's written authorization for a designated agent
  45-16  as defined by Section 483.001(4)<, registered nurse, or physician
  45-17  assistant> on the pharmacist's request.
  45-18        (d)  This section does not relieve a practitioner or the
  45-19  practitioner's designated agent from the requirements of Section
  45-20  40, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
  45-21  Statutes).
  45-22        (e)  A practitioner remains personally responsible for the
  45-23  actions of a designated agent who communicates a prescription to a
  45-24  pharmacist.
  45-25        SECTION 18.  Subsection (d), Section 483.041, Health and
   46-1  Safety Code, is amended to read as follows:
   46-2        (d)  An offense under this section is a felony of the third
   46-3  degree <Class B misdemeanor unless it is shown on the trial of the
   46-4  defendant that the defendant has previously been convicted of an
   46-5  offense under this section, in which event the offense is a Class A
   46-6  misdemeanor>.
   46-7        SECTION 19.  Section 483.042, Health and Safety Code, is
   46-8  amended by amending Subsections (c) and (d) to read as follows:
   46-9        (c)  The labeling provisions of Subsection (a) do not apply
  46-10  when the dangerous drug is prescribed for administration to an
  46-11  ultimate user who is institutionalized.  The board shall adopt
  46-12  rules for the labeling of such drugs.
  46-13        (d)  Proof of an offer to sell a dangerous drug must be
  46-14  corroborated by a person other than the offeree or by evidence
  46-15  other than a statement by the offeree.
  46-16        (e) <(d)>  An offense under this section is a felony of the
  46-17  third degree.
  46-18        SECTION 20.  Section 483.047, Health and Safety Code, is
  46-19  amended to read as follows:
  46-20        Sec. 483.047.  Refilling Prescription Without Authorization.
  46-21  (a)  Except as authorized by Subsection (b), a <A> pharmacist
  46-22  commits an offense if the pharmacist refills a prescription unless:
  46-23              (1)  the prescription contains an authorization by the
  46-24  practitioner for the refilling of the prescription, and the
  46-25  pharmacist refills the prescription in the manner provided by the
   47-1  authorization; or
   47-2              (2)  at the time of refilling the prescription, the
   47-3  pharmacist is authorized to do so by the practitioner who issued
   47-4  the prescription.
   47-5        (b)  A pharmacist may exercise his professional judgment in
   47-6  refilling a prescription for a dangerous drug without the
   47-7  authorization of the prescribing practitioner provided:
   47-8              (1)  failure to refill the prescription might result in
   47-9  an interruption of a therapeutic regimen or create patient
  47-10  suffering;
  47-11              (2)  either:
  47-12                    (A)  a natural or manmade disaster has occurred
  47-13  which prohibits the pharmacist from being able to contact the
  47-14  practitioner; or
  47-15                    (B)  the pharmacist is unable to contact the
  47-16  practitioner after reasonable effort;
  47-17              (3)  the quantity of drug dispensed does not exceed a
  47-18  72-hour supply;
  47-19              (4)  the pharmacist informs the patient or the
  47-20  patient's agent at the time of dispensing that the refill is being
  47-21  provided without such authorization and that authorization of the
  47-22  practitioner is required for future refills; and
  47-23              (5)  the pharmacist informs the practitioner of the
  47-24  emergency refill at the earliest reasonable time.
  47-25        (c)  An offense under this section is a Class B misdemeanor
   48-1  unless it is shown on the trial of the defendant that the defendant
   48-2  has previously been convicted under this chapter, in which event
   48-3  the offense is a Class A misdemeanor.
   48-4        SECTION 21.  This Act takes effect September 1, 1993.
   48-5        SECTION 22.  (a)  A change in law made by this Act which
   48-6  applies to a criminal offense applies only to an offense committed
   48-7  on or after the effective date of this Act.  For purposes of this
   48-8  section, an offense is committed before the effective date of this
   48-9  Act if any element of the offense occurs before that date.
  48-10        (b)  A criminal offense committed before the effective date
  48-11  of this Act is covered by the law in effect when the offense was
  48-12  committed, and the former law is continued in effect for this
  48-13  purpose.
  48-14        SECTION 23.  The importance of this legislation and the
  48-15  crowded condition of the calendars in both houses create an
  48-16  emergency and an imperative public necessity that the
  48-17  constitutional rule requiring bills to be read on three several
  48-18  days in each house be suspended, and this rule is hereby suspended.