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 3, Texas Pharmacy Act (Article 4542a-1,
    1-5  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-6        Sec. 3.  Sunset provision.  The Texas State Board of Pharmacy
    1-7  is subject to Chapter 325, Government Code (Texas Sunset Act).
    1-8  Unless continued in existence as provided by that chapter, the
    1-9  board is abolished and this Act expires September 1, 2005<1993>.
   1-10        SECTION 2.  Section 5, Texas Pharmacy Act (Article 4542a-1,
   1-11  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-12        Sec. 5.  Definitions.  In this Act, unless the context of its
   1-13  use clearly indicates otherwise:
   1-14              (1)  "A.C.P.E." means the American Council on
   1-15  Pharmaceutical Education.
   1-16              (2)  "Administer" means the direct application of a
   1-17  prescription drug by injection, inhalation, ingestion, or any other
   1-18  means to the body of a patient by:
   1-19                    (A)  a practitioner or an authorized agent under
   1-20  his supervision; or
   1-21                    (B)  the patient at the direction of a
   1-22  practitioner.
   1-23              (3)  "Administrative Procedure Act" means the
    2-1  Administrative Procedure and Texas Register Act, as amended
    2-2  (Article 6252-13a, Vernon's Texas Civil Statutes).
    2-3              (4)  "Board" means the Texas State Board of Pharmacy.
    2-4              (5)  "Class A pharmacy license" or "community pharmacy
    2-5  license" means a license issued to a pharmacy dispensing drugs or
    2-6  devices to the general public pursuant to a prescription drug
    2-7  order.
    2-8              (6)  "Class B pharmacy license" or "nuclear pharmacy
    2-9  license" means a license issued to a pharmacy dispensing or
   2-10  providing radioactive drugs or devices for administration to an
   2-11  ultimate user.
   2-12              (7)  "Class C pharmacy license" or "institutional
   2-13  pharmacy license" means a license issued to a pharmacy located in a
   2-14  hospital or other in-patient facility that is licensed under
   2-15  Chapter 241, Health and Safety Code, or Chapter 6, Texas Mental
   2-16  Health Code (Article 5547-1 et seq., Vernon's Texas Civil
   2-17  Statutes), or to a pharmacy located in a hospital maintained or
   2-18  operated by the state.
   2-19              (8)  "Class D pharmacy license" or "clinic pharmacy
   2-20  license" means a license issued to a pharmacy dispensing a limited
   2-21  type of drugs or devices pursuant to a prescription drug order.
   2-22              (9)  "Class E pharmacy license" or "nonresident
   2-23  pharmacy license" means a license issued under this Act to a
   2-24  pharmacy located in a state of the United States other than this
   2-25  state whose primary business is to dispense a prescription drug or
    3-1  device under a prescription drug order and to deliver the drug or
    3-2  device to a patient, including a patient in this state, by the
    3-3  United States mail, a common carrier, or a delivery service.
    3-4              (10)  "College of pharmacy" means a school, university,
    3-5  or college of pharmacy that satisfies the accreditation standards
    3-6  of A.C.P.E. as adopted by the board; or that has degree
    3-7  requirements which meet the standards of accreditation set by the
    3-8  board.
    3-9              (11)  "Compounding" means the preparation, mixing,
   3-10  assembling, packaging, or labeling of a drug or device:
   3-11                    (A)  as the result of a practitioner's
   3-12  prescription drug order or initiative based on the
   3-13  practitioner-patient-pharmacist relationship in the course of
   3-14  professional practice;
   3-15                    (B)  in anticipation of prescription drug orders
   3-16  based on routine, regularly observed prescribing patterns; or
   3-17                    (C)  for the purpose of or as an incident to
   3-18  research, teaching, or chemical analysis and not for sale or
   3-19  dispensing.
   3-20              (12)  "Confidential record" means any health-related
   3-21  record maintained by a pharmacy or pharmacist such as a patient
   3-22  medication record, prescription drug order, or medication order.
   3-23              (13)  "Controlled substance" means a drug, immediate
   3-24  precursor, or other substance listed in Schedules I-V or Penalty
   3-25  Groups 1-4 of Chapter 481, Health and Safety Code, or a drug,
    4-1  immediate precursor, or other substance included in Schedule I, II,
    4-2  III, IV, or V of the Federal Comprehensive Drug Abuse Prevention
    4-3  and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
    4-4              (14) <(12)>  "Controlled Substances Act" means Chapter
    4-5  481, Health and Safety Code, or the Federal Comprehensive Drug
    4-6  Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et
    4-7  seq.).
    4-8              (15) <(13)>  "Dangerous drug" means any drug or device
    4-9  that is not included in Penalty Groups 1-4 of the Controlled
   4-10  Substances Act and that is unsafe for self-medication or any drug
   4-11  or device that bears or is required to bear the legend:
   4-12                    (A)  "Caution:  federal law prohibits dispensing
   4-13  without prescription"; or
   4-14                    (B)  "Caution:  federal law restricts this drug
   4-15  to use by or on the order of a licensed veterinarian."
   4-16              (16) <(14)>  "Dangerous Drug Act" means Chapter 483,
   4-17  Health and Safety Code.
   4-18              (17) <(15)>  "Deliver" or "delivery" means the actual,
   4-19  constructive, or attempted transfer of a prescription drug or
   4-20  device or controlled substance from one person to another, whether
   4-21  or not for a consideration.
   4-22              (18) <(15)>  "Designated agent" means:
   4-23                    (A)  a licensed nurse, physician assistant,
   4-24  pharmacist, or other <an> individual <under the supervision of a
   4-25  practitioner,> designated by a <the> practitioner, and for whom the
    5-1  practitioner assumes legal responsibility, who communicates
    5-2  prescription drug orders <the practitioner's instructions> to a
    5-3  pharmacist;
    5-4                    (B)  a licensed nurse, physician assistant, or
    5-5  pharmacist employed in a health care facility to whom the
    5-6  practitioner communicates a prescription drug order; or
    5-7                    (C)  a registered nurse or physician assistant
    5-8  authorized by a practitioner to carry out a prescription drug order
    5-9  for dangerous drugs under Subdivision (5), Subsection (d), Section
   5-10  3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
   5-11  Statutes).
   5-12              (19) <(16)>  "Device" means an instrument, apparatus,
   5-13  implement, machine, contrivance, implant, in vitro reagent, or
   5-14  other similar or related article, including any component part or
   5-15  accessory, that is required under federal or state law to be
   5-16  ordered or prescribed by a practitioner.
   5-17              (20) <(17)>  "Dispense" means preparing, packaging,
   5-18  compounding, or labeling for delivery a prescription drug or device
   5-19  in the course of professional practice to an ultimate user or his
   5-20  agent by or pursuant to the lawful order of a practitioner.
   5-21              (21) <(18)>  "Distribute" means the delivery of a
   5-22  prescription drug or device other than by administering or
   5-23  dispensing.
   5-24              (22) <(19)>  "Drug" means:
   5-25                    (A)  a substance recognized as drugs in the
    6-1  current official United States Pharmacopoeia, official National
    6-2  Formulary, official Homeopathic Pharmacopoeia, or other drug
    6-3  compendium or any supplement to any of them;
    6-4                    (B)  a substance intended for use in the
    6-5  diagnosis, cure, mitigation, treatment, or prevention of disease in
    6-6  man or other animals;
    6-7                    (C)  a substance, other than food, intended to
    6-8  affect the structure or any function of the body of man or other
    6-9  animals;
   6-10                    (D)  a substance intended for use as a component
   6-11  of any articles specified in Paragraph (A), (B), or (C) of this
   6-12  subdivision;
   6-13                    (E)  a dangerous drug; or
   6-14                    (F)  a controlled substance.
   6-15              (23)  "Drug regimen review" includes the following
   6-16  activities:
   6-17                    (A)  evaluation of the prescription drug orders
   6-18  and patient records for:
   6-19                          (i)  known allergies;
   6-20                          (ii)  rational therapy-contraindications;
   6-21                          (iii)  reasonable dose and route of
   6-22  administration; and
   6-23                          (iv)  reasonable directions for use;
   6-24                    (B)  evaluation of the prescription drug orders
   6-25  and patient records for duplication of therapy;
    7-1                    (C)  evaluation of the prescription drug orders
    7-2  and patient records for:
    7-3                          (i)  drug-drug interactions;
    7-4                          (ii)  drug-food interactions;
    7-5                          (iii)  drug-disease interactions;
    7-6                          (iv)  adverse drug reactions; and
    7-7                    (D)  evaluation of the prescription drug orders
    7-8  and patient records for proper utilization, including
    7-9  overutilization or underutilization, and optimal therapeutic
   7-10  outcomes.
   7-11              (24) <(20)>  "Internship" means a practical experience
   7-12  program that is approved by the board.
   7-13              (25) <(21)>  "Label" means written, printed, or graphic
   7-14  matter on the immediate container of a drug or device.
   7-15              (26) <(22)>  "Labeling" means the process of affixing a
   7-16  label including all information required by federal and state law
   7-17  or regulation to any drug or device container.  The term does not
   7-18  include the labeling by a manufacturer, packer, or distributor of a
   7-19  nonprescription drug or commercially packaged prescription drug or
   7-20  device, or unit dose packaging.
   7-21              (27)  "Manufacturing" means the production,
   7-22  preparation, propagation, conversion, or processing of a drug or
   7-23  device, either directly or indirectly, by extraction from
   7-24  substances of natural origin or independently by means of chemical
   7-25  or biological synthesis and includes any packaging or repackaging
    8-1  of the substances or labeling or relabeling of the container and
    8-2  the promotion and marketing of such drugs or devices.
    8-3  Manufacturing also includes the preparation and promotion of
    8-4  commercially available products from bulk compounds for resale by
    8-5  pharmacies, practitioners, or other persons but does not include
    8-6  compounding.
    8-7              (28) <(23)>  "Medication order" means an order from a
    8-8  practitioner or a practitioner's designated agent for
    8-9  administration of a drug or device.
   8-10              (29) <(24)>  "Nonprescription drug" means a nonnarcotic
   8-11  drug or device that may be sold without a prescription and that is
   8-12  labeled and packaged in compliance with applicable state or federal
   8-13  law.
   8-14              (30)  "Patient counseling" means the communication by
   8-15  the pharmacist of information, as specified in the rules of the
   8-16  board, to the patient or caregiver, in order to improve therapy by
   8-17  ensuring proper use of drugs and devices.
   8-18              (31) <(25)>  "Person" means an individual, corporation,
   8-19  government or governmental subdivision or agency, business trust,
   8-20  estate, trust, partnership, association, or any other legal entity.
   8-21              (32)  "Pharmaceutical care" is the provision of drug
   8-22  therapy and other services defined in the rules of the board and
   8-23  intended to assist in the cure or prevention of a disease,
   8-24  elimination or reduction of a patient's symptoms, or arresting or
   8-25  slowing of a disease process.
    9-1              (33) <(26)>  "Pharmacist" means a person licensed by
    9-2  the board to practice pharmacy.
    9-3              (34) <(27)>  "Pharmacist-in-charge" means the
    9-4  pharmacist designated on a pharmacy license as the pharmacist who
    9-5  has the authority or responsibility for a pharmacy's compliance
    9-6  with laws and rules pertaining to the practice of pharmacy.
    9-7              (35) <(28)>  "Pharmacist-intern" means an undergraduate
    9-8  student enrolled in the professional sequence of a college of
    9-9  pharmacy approved by the board and participating in a school-based,
   9-10  board-approved internship program or a graduate of a college of
   9-11  pharmacy who is participating in a board-approved internship.
   9-12              (36) <(29)>  "Pharmacy" means a facility licensed by
   9-13  the board pursuant to Section 29 of this Act <where the practice of
   9-14  pharmacy occurs>.
   9-15              (37) <(30)>  "Practice of pharmacy" means:
   9-16                    (A)  provision of those acts or services
   9-17  necessary to provide pharmaceutical care;
   9-18                    (B)  interpretation and evaluation of
   9-19  prescription drug orders or medication orders;
   9-20                    (C)  participation in drug and device selection,
   9-21  drug administration, drug regimen review, or drug or drug-related
   9-22  research;
   9-23                    (D)  provision of patient counseling; and
   9-24                    (E)  responsibility for:
   9-25                          (i)  dispensing of prescription drug orders
   10-1  or distribution of medication orders in the patient's best
   10-2  interest;
   10-3                          (ii)  compounding and labeling of drugs and
   10-4  devices, except labeling by a manufacturer, repackager, or
   10-5  distributor of nonprescription drugs and commercially packaged
   10-6  prescription drugs and devices;
   10-7                          (iii)  proper and safe storage of drugs and
   10-8  devices; and
   10-9                          (iv)  maintenance of proper records for
  10-10  drugs and devices <interpreting and evaluating prescription or
  10-11  medication orders, dispensing and labeling drugs or devices,
  10-12  selecting drugs and reviewing drug utilization, storing
  10-13  prescription drugs and devices and maintaining prescription drug
  10-14  records in a pharmacy, advising or consulting when necessary or
  10-15  required by law about therapeutic value, content, hazard, or use of
  10-16  drugs or devices, or offering or performing the services and
  10-17  transactions necessary to operate a pharmacy>.
  10-18              (38) <(31)>  "Practitioner" means:
  10-19                    (A)  a physician, dentist, podiatrist,
  10-20  veterinarian, or other person licensed or registered to prescribe,
  10-21  distribute, administer, or dispense a prescription drug or device
  10-22  in the course of professional practice in this state;
  10-23                    (B)  a person licensed by another state in a
  10-24  health field in which, under Texas law, licensees in this state may
  10-25  legally prescribe dangerous drugs or a person practicing in another
   11-1  state and licensed by another state as a physician, dentist,
   11-2  veterinarian, or podiatrist, having a current Federal Drug
   11-3  Enforcement Administration registration number, and who may legally
   11-4  prescribe Schedule II, III, IV, or V controlled substances in such
   11-5  other state; or
   11-6                    (C)  a person licensed in the Dominion of Canada
   11-7  or the United Mexican States in a health field in which, under the
   11-8  laws of this state, a licensee may legally prescribe dangerous
   11-9  drugs.  "Practitioner" does not include a person licensed under
  11-10  this Act.
  11-11              (39) <(32)>  "Preceptor" means a pharmacist in good
  11-12  standing licensed in this state to practice pharmacy and certified
  11-13  by the board to supervise and be responsible for the activities and
  11-14  functions of a pharmacist-intern in the internship program.
  11-15              (40) <(33)>  "Prescription drug" means:
  11-16                    (A)  a substance for which federal or state law
  11-17  requires a prescription before it may be legally dispensed to the
  11-18  public;
  11-19                    (B)  a drug or device that under federal law is
  11-20  required, prior to being dispensed or delivered, to be labeled with
  11-21  either of the following statements:
  11-22                          (i)  "Caution:  federal law prohibits
  11-23  dispensing without prescription"; or
  11-24                          (ii)  "Caution:  federal law restricts this
  11-25  drug to use by or on the order of a licensed veterinarian"; or
   12-1                    (C)  a drug or device that is required by any
   12-2  applicable federal or state law or regulation to be dispensed on
   12-3  prescription only or is restricted to use by a practitioner only.
   12-4              (41) <(34)>  "Prescription drug order" means:
   12-5                    (A)  an order from a practitioner or a
   12-6  practitioner's designated agent to a pharmacist for a drug or
   12-7  device to be dispensed; or
   12-8                    (B)  an order pursuant to Subdivision (5),
   12-9  Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
  12-10  Vernon's Texas Civil Statutes).
  12-11              (42)  "Prospective drug use review" means a review of
  12-12  the patient's drug therapy and prescription drug order or
  12-13  medication order, as defined in the rules of the board, prior to
  12-14  dispensing or distributing the drug.
  12-15              (43) <(35)>  "Provide" means to supply one or more unit
  12-16  doses of a nonprescription drug or dangerous drug to a patient.
  12-17              (44) <(36)>  "Radioactive drug" means a drug that
  12-18  exhibits spontaneous disintegration of unstable nuclei with the
  12-19  emission of nuclear particles or photons, including any
  12-20  nonradioactive reagent kit or nuclide generator that is intended to
  12-21  be used in the preparation of any such substance.
  12-22              (45) <(37)>  "Substitution" means the dispensing of a
  12-23  drug or a brand of drug other than that which is ordered or
  12-24  prescribed.
  12-25              (46) <(38)>  "Supportive personnel" means those
   13-1  individuals utilized in pharmacies whose responsibility it shall be
   13-2  to provide <nonjudgmental> technical services that do not require
   13-3  professional judgment concerned with the preparation and
   13-4  distribution of drugs under the direct supervision of and
   13-5  responsible to a pharmacist.
   13-6              (47) <(39)>  "Ultimate user" means a person who has
   13-7  obtained and possesses a prescription drug or device for the
   13-8  person's own use or for the use of a member of the person's
   13-9  household or for administering to an animal owned by the person or
  13-10  by a member of the person's household.
  13-11              (48) <(40)>  "Unit dose packaging" means the ordered
  13-12  amount of drug in a dosage form ready for administration to a
  13-13  particular patient, by the prescribed route at the prescribed time,
  13-14  and properly labeled with name, strength, and expiration date of
  13-15  the drug.
  13-16              <(41)  "Authorized agent" means an individual under the
  13-17  supervision of a practitioner, designated by the practitioner, and
  13-18  for whom the practitioner assumes legal responsibility, who
  13-19  communicates the practitioner's instructions to the pharmacist.>
  13-20        SECTION 3.  Section 16, Texas Pharmacy Act (Article 4542a-1,
  13-21  Vernon's Texas Civil Statutes), is amended to read as follows:
  13-22        Sec. 16.  Rules.  (a)  The board shall adopt, amend, and
  13-23  repeal rules for the proper administration and enforcement of this
  13-24  Act, consistent with this Act.  The rules shall be adopted,
  13-25  amended, or repealed in accordance with the Administrative
   14-1  Procedure Act.
   14-2              (b)  If the board determines it necessary in order to
   14-3  protect the health and welfare of the citizens of this state, it
   14-4  may make a rule concerning the operation of a licensed pharmacy
   14-5  located in this state also applicable to pharmacies licensed by the
   14-6  board that are located in another state.
   14-7              (c)  The board may not adopt rules restricting
   14-8  competitive bidding or advertising by a person regulated by the
   14-9  board except to prohibit false, misleading, or deceptive practices
  14-10  by the person.
  14-11        SECTION 4.  Subsections (b) and (q), Section 17, Texas
  14-12  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
  14-13  amended to read as follows:
  14-14        (b)  The board has the following responsibilities relating to
  14-15  the practice of pharmacy and to prescription drugs and devices used
  14-16  in this state in the diagnosis, mitigation, and treatment or
  14-17  prevention of injury, illness, and disease:
  14-18              (1)  regulation of the delivery or distribution of
  14-19  prescription drugs and devices, including the right to seize, after
  14-20  notice and hearing, any prescription drugs or devices posing a
  14-21  hazard to the public health and welfare, but the board may not
  14-22  regulate:
  14-23                    (A)  manufacturers' representatives or employees
  14-24  acting in the normal course of business;
  14-25                    (B)  persons engaged in the wholesale drug
   15-1  business and registered with the commissioner of health as provided
   15-2  by Chapter 431, Health and Safety Code; or
   15-3                    (C)  employees of persons engaged in the
   15-4  wholesale drug business and registered with the commissioner of
   15-5  health as provided by Chapter 431, Health and Safety Code, if the
   15-6  employees are acting in the normal course of business;
   15-7              (2)  specification of minimum standards for
   15-8  professional environment, technical equipment, and security in the
   15-9  prescription dispensing area;
  15-10              (3)  specification of minimum standards for drug
  15-11  storage, maintenance of prescription drug records, and procedures
  15-12  for the delivery, dispensing in a suitable container appropriately
  15-13  labeled, <or> providing of prescription drugs or devices,
  15-14  monitoring of drug therapy, and counseling of patients on proper
  15-15  use of prescription drugs and devices within the practice of
  15-16  pharmacy; and
  15-17              (4)  adoption of rules regulating a prescription drug
  15-18  order or medication order transmitted by electronic means <a
  15-19  facsimile or FAX machine>.
  15-20        (q)  Board investigative files and all information and
  15-21  materials compiled by the board in connection with an investigation
  15-22  are confidential and are not subject to disclosure under
  15-23  <considered open records for purposes of> Chapter 424, Acts of the
  15-24  63rd Legislature, Regular Session, 1973, as amended (Article
  15-25  6252-17a, Vernon's Texas Civil Statutes), and not subject to
   16-1  disclosure, discovery, subpoena, or other means of legal compulsion
   16-2  for their release to anyone other than the board or its employees
   16-3  or agents involved in licensee discipline except that this
   16-4  information may be disclosed to:
   16-5              (1)  persons involved with the board in a disciplinary
   16-6  action against the licensee;
   16-7              (2)  pharmacist or pharmacy licensing or disciplinary
   16-8  authorities of other jurisdictions;
   16-9              (3)  a pharmaceutical peer review committee as outlined
  16-10  in Section 27A of this Act;
  16-11              (4)  law enforcement agencies; and
  16-12              (5)  persons engaged in bona fide research, if all
  16-13  individual-identifying information has been deleted.
  16-14        SECTION 5.  Subsection (c), Section 21, Texas Pharmacy Act
  16-15  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  16-16  read as follows:
  16-17        (c)  The examinations for licensing required under this
  16-18  section shall be given by the board at least two times during the
  16-19  fiscal year of the state.  The board shall determine the content
  16-20  and subject matter of each examination and determine which persons
  16-21  have successfully passed the examination.  An applicant who fails
  16-22  the examination may retake the examination two additional times.
  16-23  Before an applicant who has failed the examination three times is
  16-24  allowed to retake the examination, the applicant shall provide
  16-25  documentation from a college of pharmacy that additional college
   17-1  course work in subject areas the applicant failed in the
   17-2  examination has been successfully completed.  If a person who fails
   17-3  the licensing examination administered under this Act so requests
   17-4  in writing, the board shall furnish the person an analysis of his
   17-5  performance on the examination.
   17-6        SECTION 6.  Subsection (a), Section 26, Texas Pharmacy Act
   17-7  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   17-8  read as follows:
   17-9        (a)  Grounds for Disciplining a Holder of a Pharmacist
  17-10  License:  The board shall refuse to issue a pharmacist license for
  17-11  failure to meet the requirements of Section 21 or 22 of this Act.
  17-12  The board may in its discretion refuse to issue or renew a license
  17-13  or may fine, reprimand, revoke, restrict, cancel, retire, or
  17-14  suspend any license granted by the board<,> and may probate any
  17-15  license suspension if the board finds that the applicant or
  17-16  licensee has:
  17-17              (1)  violated any provision of this Act or any of the
  17-18  rules of the board adopted under this Act;
  17-19              (2)  engaged in unprofessional conduct as that term is
  17-20  defined by the rules of the board;
  17-21              (3)  engaged in gross immorality as that term is
  17-22  defined by the rules of the board;
  17-23              (4)  developed an incapacity of a nature that prevents
  17-24  a pharmacist or applicant from engaging in the practice of pharmacy
  17-25  with reasonable skill, competence, and safety to the public.  In
   18-1  enforcing this subdivision, the board shall, on probable cause,
   18-2  request a pharmacist or applicant to submit to a mental or physical
   18-3  examination by physicians or other health care professionals
   18-4  designated by the board.  If the pharmacist or applicant refuses to
   18-5  submit to the examination, the board shall issue an order requiring
   18-6  the pharmacist or applicant to show cause why he will not submit to
   18-7  the examination and shall schedule a hearing on the order within 30
   18-8  days after notice is served on the pharmacist or applicant.  The
   18-9  pharmacist or applicant shall be notified by either personal
  18-10  service or certified mail with return receipt requested.  At the
  18-11  hearing, the pharmacist or applicant and his attorney are entitled
  18-12  to present any testimony and other evidence to show why the
  18-13  pharmacist or applicant should not be required to submit to the
  18-14  examination.  After the hearing, the board shall issue an order
  18-15  either requiring the pharmacist or applicant to submit to the
  18-16  examination or withdrawing the request for examination;
  18-17              (5)  engaged in any fraud, deceit, or misrepresentation
  18-18  as those words are defined by the rules of the board in the
  18-19  practice of pharmacy or in seeking a license to act as a
  18-20  pharmacist;
  18-21              (6)  been convicted of a felony or a misdemeanor
  18-22  involving moral turpitude by a court of competent jurisdiction;
  18-23              (7)  a drug or alcohol dependency;
  18-24              (8)  failed to keep and maintain records required by
  18-25  this Act or failed to keep and maintain complete and accurate
   19-1  records of purchases and disposals of drugs listed in the
   19-2  Controlled Substances Act or the Dangerous Drug Act;
   19-3              (9)  violated any provision of the Controlled
   19-4  Substances Act or Dangerous Drug Act or a rule relating to those
   19-5  acts or any provision of Sections 485.031-485.035, Health and
   19-6  Safety Code, or a rule adopted under Section 485.011, Health and
   19-7  Safety Code;
   19-8              (10)  aided or abetted an unlicensed individual to
   19-9  engage in the practice of pharmacy if the pharmacist knew or
  19-10  reasonably should have known that the individual was unlicensed at
  19-11  the time;
  19-12              (11)  refused an entry into any pharmacy for any
  19-13  inspection authorized by this Act if the pharmacist had received
  19-14  notification from which the pharmacist knew or reasonably should
  19-15  have known that the attempted inspection was authorized;
  19-16              (12)  violated the pharmacy or drug laws or rules of
  19-17  this state or any other state or of the United States;
  19-18              (13)  been negligent in the practice of pharmacy;
  19-19              (14)  failed to submit to an examination after hearing
  19-20  and being ordered to do so by the board pursuant to Subdivision (4)
  19-21  of this subsection;
  19-22              (15)  dispensed prescription drugs while acting outside
  19-23  the usual course and scope of professional practice; or
  19-24              (16)  had a license to practice pharmacy issued by
  19-25  another state canceled, revoked, surrendered, or suspended for
   20-1  conduct substantially equivalent to conduct described in
   20-2  Subdivisions (1) through (15) of this subsection.  A certified copy
   20-3  of the record of the state taking action as set out above shall be
   20-4  conclusive evidence of the action taken by such state.
   20-5        SECTION 7.  Subsections (a) and (b), Section 26A, Texas
   20-6  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
   20-7  amended to read as follows:
   20-8        (a)  On the entry of an initial order against an applicant
   20-9  for a license to practice pharmacy or a person licensed by the
  20-10  board to practice pharmacy, the board may refuse to issue a license
  20-11  to the applicant or suspend the person's license.  On the person's
  20-12  final conviction, the board may revoke the person's license.
  20-13        (b)  On the entry of an initial order against an applicant
  20-14  for a license for a pharmacy or a person who has been issued a
  20-15  license or renewal license for a pharmacy under this Act, or
  20-16  against a managing officer of the licensee or applicant if the
  20-17  licensee or applicant is an association, joint-stock company,
  20-18  partnership, or corporation, the board may refuse to issue the
  20-19  license or suspend the license.  On final conviction, the board may
  20-20  revoke the license.
  20-21        SECTION 8.  Subsection (a), Section 26B, Texas Pharmacy Act
  20-22  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  20-23  read as follows:
  20-24        (a)  The board may in its discretion refuse to issue or renew
  20-25  a license or may fine or reprimand any licensee or revoke,
   21-1  restrict, cancel, or suspend any license granted by the board, if
   21-2  the board finds that an applicant or licensee has:
   21-3              (1)  dispensed a drug, quantity, or strength of drug
   21-4  other than that which is ordered for the patient by a practitioner
   21-5  or labeled a prescription with incorrect directions for use;
   21-6              (2)  violated any of the following provisions of this
   21-7  Act:
   21-8                    (A)  Section 29(a), (b)(5), or (c)(5);
   21-9                    (B)  Section 30(i) or (j); or
  21-10                    (C)  Section 32(a);
  21-11              (3)  failed to comply with the following requirements
  21-12  unless compliance would violate the pharmacy or drug laws or rules
  21-13  in the state in which the pharmacy is located:
  21-14                    (A)  Section 481.074 or 481.075, Health and
  21-15  Safety Code;
  21-16                    (B)  Texas substitution requirements regarding:
  21-17                          (i)  the practitioner's directions relative
  21-18  to generic substitution;
  21-19                          (ii)  the patient's right to refuse generic
  21-20  substitution; or
  21-21                          (iii)  notification to the patient of the
  21-22  patient's right to refuse substitution; <or>
  21-23                    (C)  board rules relating to the provision of
  21-24  drug information to the patient or patient's agent in written form
  21-25  or by telephone; <or>
   22-1                    (D)  board rules adopted pursuant to Section
   22-2  16(a) of this Act and determined by the board to be applicable
   22-3  pursuant to Section 16(b) of this Act; or
   22-4              (4)  engaged in conduct which caused serious bodily
   22-5  injury to a Texas resident.
   22-6        SECTION 9.  Section 27A, Texas Pharmacy Act (Article 4542a-1,
   22-7  Vernon's Texas Civil Statutes), is amended by amending Subsection
   22-8  (d) and adding Subsection (j) to read as follows:
   22-9        (d)  The records and proceedings of the board, its authorized
  22-10  agents, or any pharmaceutical organization committee as set out in
  22-11  Subsections (a) and (b) of this section shall be confidential and
  22-12  are not considered open records for the purposes of Chapter 424,
  22-13  Acts of the 63rd Legislature, Regular Session, 1973, as amended
  22-14  (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
  22-15  however, the board may disclose this confidential information only:
  22-16              (1)  in a disciplinary hearing before the board or in a
  22-17  subsequent trial or appeal of a board action or order;
  22-18              (2)  to the pharmacist licensing or disciplinary
  22-19  authorities of other jurisdictions; <or>
  22-20              (3)  pursuant to an order of a court of competent
  22-21  jurisdiction; or
  22-22              (4)  pursuant to Subsection (j) of this section.
  22-23        (j)  The board may disclose that the license of a pharmacist
  22-24  who is the subject of an order of the board deemed confidential by
  22-25  Subsection (d) of this section is suspended, revoked, canceled,
   23-1  restricted, or retired or that the pharmacist is in any manner
   23-2  otherwise limited in the practice of pharmacy; however, the board
   23-3  may not disclose the nature of the impairment or other information
   23-4  that resulted in such action.
   23-5        SECTION 10.  Subsection (b), Section 28, Texas Pharmacy Act
   23-6  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   23-7  read as follows:
   23-8        (b)  A person whose pharmacy license or license to practice
   23-9  pharmacy in this state has been canceled, revoked, or restricted
  23-10  under this Act, whether voluntarily or by action of the board, may,
  23-11  after 12 months from the effective date of the cancellation,
  23-12  revocation, or restriction, petition the board for reinstatement or
  23-13  removal of the restriction of the license.  The petition shall be
  23-14  in writing and in the form prescribed by the board.  On
  23-15  investigation and review of the petition <hearing>, the board may
  23-16  in its discretion grant or deny the petition or it may modify its
  23-17  original finding to reflect any circumstances that have changed
  23-18  sufficiently to warrant the modification.  If such petition is
  23-19  denied by the board, a subsequent petition may not be considered by
  23-20  the board until 12 months from the date of denial of the previous
  23-21  petition.  The board in its discretion may require such person to
  23-22  pass an examination or examinations for reentry into the practice
  23-23  of pharmacy.
  23-24        SECTION 11.  Subsection (a), Section 32, Texas Pharmacy Act
  23-25  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   24-1  read as follows:
   24-2        (a)  A pharmacy shall report in writing to the board not
   24-3  later than the 10th day after the date of the occurrence, unless
   24-4  immediate notification is required by this section, any of the
   24-5  following:
   24-6              (1)  permanent closing;
   24-7              (2)  change of ownership;
   24-8              (3)  change of location;
   24-9              (4)  change of pharmacist-in-charge;
  24-10              (5)  the theft or significant loss of any controlled
  24-11  substances, immediately on discovery of the theft or loss, by
  24-12  including with the notification to the board of the theft or loss a
  24-13  list of all controlled substances stolen or lost;
  24-14              (6)  the sale or transfer of controlled substances or
  24-15  dangerous drugs on the permanent closing or change of ownership of
  24-16  the pharmacy;
  24-17              (7)  any matters and occurrences that the board may
  24-18  require by rule;
  24-19              (8)  out-of-state purchases of controlled substances as
  24-20  determined by the board; <and>
  24-21              (9)  a disaster, accident, or emergency that may affect
  24-22  the strength, purity, or labeling of a drug, medication, device, or
  24-23  other material used in the diagnosis or the treatment of injury,
  24-24  illness, and disease, immediately on the occurrence of the
  24-25  disaster, accident, or emergency;
   25-1              (10)  <.  (9)> a final order against the holder of a
   25-2  Class E pharmacy license by the regulatory or licensing agency of
   25-3  the state in which the pharmacy is located; and
   25-4              (11) <(10)>  a final order against a pharmacist who is
   25-5  designated as the pharmacist-in-charge of a Class E pharmacy by the
   25-6  regulatory or licensing agency of the state in which the pharmacy
   25-7  is located.
   25-8        SECTION 12.  Section 40, Texas Pharmacy Act (Article 4542a-1,
   25-9  Vernon's Texas Civil Statutes), is amended by amending Subsections
  25-10  (d) and (e) and relettering Subsections (f) through (k) to read as
  25-11  follows:
  25-12        (d)  With the patient's consent, a pharmacist may dispense a
  25-13  dosage form of a drug product different from that prescribed, such
  25-14  as tablet instead of capsule or liquid instead of tablet, provided
  25-15  the dosage form so dispensed contains the identical amount of the
  25-16  active ingredients as the dosage prescribed for the patient.
  25-17        (e)  Unless otherwise directed by the practitioner, the label
  25-18  on the dispensing container shall indicate the actual drug product
  25-19  dispensed, either (1)  the brand name, or if none (2)  the generic
  25-20  name, the strength, and the name of the manufacturer or
  25-21  distributor.  In instances where a drug product has been selected
  25-22  other than the one prescribed, the pharmacist shall place on the
  25-23  container the words "Substituted for brand prescribed" or
  25-24  "Substituted for 'brand name'" where "brand name" is the actual
  25-25  name of the brand name drug product prescribed.<"  The brand name
   26-1  of the prescribed drug shall not appear on the prescription
   26-2  container label unless it is the drug product actually dispensed.>
   26-3        (f) <(e)>  A pharmacist may not select a generically
   26-4  equivalent drug unless the generically equivalent drug selected
   26-5  costs the patient less than the prescribed drug product.  <A
   26-6  pharmacist may not charge a higher professional fee for dispensing
   26-7  a generically equivalent drug product than the fee he or she
   26-8  customarily charges for dispensing the brand name product
   26-9  prescribed.>
  26-10        (g)(1) <(f)>  A pharmacist who selects a generically
  26-11  equivalent drug product as authorized by this section shall:
  26-12                    (A) <(1)>  personally, or through his or her
  26-13  agent or employee and prior to delivery of a generically equivalent
  26-14  drug product, inform the patient or the patient's agent that a less
  26-15  expensive generically equivalent drug product has been substituted
  26-16  for the brand prescribed and the patient or patient's agent's right
  26-17  to refuse such substitution; or
  26-18                    (B) <(2)>  cause to be displayed, in a prominent
  26-19  place that is in clear public view where prescription drugs are
  26-20  dispensed, a sign in block letters not less than one inch in height
  26-21  that reads, in both English and Spanish:
  26-22        "TEXAS LAW ALLOWS A LESS EXPENSIVE GENERICALLY
  26-23        EQUIVALENT DRUG TO BE SUBSTITUTED FOR CERTAIN BRAND
  26-24        NAME DRUGS UNLESS YOUR PHYSICIAN DIRECTS OTHERWISE.
  26-25        YOU HAVE A RIGHT TO REFUSE SUCH SUBSTITUTION.  CONSULT
   27-1        YOUR PHYSICIAN OR PHARMACIST CONCERNING THE
   27-2        AVAILABILITY OF A SAFE, LESS EXPENSIVE DRUG FOR YOUR
   27-3        USE."
   27-4        Only one sign displayed in a pharmacy, as required above,
   27-5  shall be deemed compliance with this subsection.
   27-6              (2) <(3)>  A pharmacist complies with the requirements
   27-7  of this section if an employee or agent of the pharmacist notifies
   27-8  a purchaser as required by Paragraph (A) of Subdivision (1) of this
   27-9  subsection.  The patient or patient's agent shall have the right to
  27-10  refuse such product selection.
  27-11        (h) <(g)>  No written prescription issued by a practitioner,
  27-12  as such term is defined in Section 5(30)(A) of this Act, may be
  27-13  dispensed unless it is ordered on a form containing two signature
  27-14  lines of equal prominence, side by side, at the bottom of the form.
  27-15  Under either signature line shall be printed clearly the words
  27-16  "product selection permitted," and under the other signature line
  27-17  shall be printed clearly the words "dispense as written."  The
  27-18  practitioner shall communicate dispensing instructions to the
  27-19  pharmacist by signing on the appropriate line.  If the
  27-20  practitioner's signature does not clearly indicate that the
  27-21  prescription must be dispensed as written, generically equivalent
  27-22  drug selection is permitted.  No prescription form furnished a
  27-23  practitioner shall contain a preprinted order for a drug product by
  27-24  brand name, generic name, or manufacturer.
  27-25        (i) <(h)>  If a prescription is transmitted to a pharmacist
   28-1  orally, the pharmacist shall note any dispensing instructions by
   28-2  the practitioner or the practitioner's agent on the file copy of
   28-3  the prescription and retain the prescription for the period of time
   28-4  specified by law.  Properly authorized prescription refills shall
   28-5  follow the original dispensing instructions unless otherwise
   28-6  indicated by the practitioner or practitioner's agent.
   28-7        (j) <(i)>  A pharmacist shall record on the prescription form
   28-8  the name, strength, and manufacturer or distributor of any drug
   28-9  product dispensed as herein authorized.
  28-10        (k) <(j)>  A pharmacist who selects a generically equivalent
  28-11  drug to be dispensed pursuant to this section assumes the same
  28-12  responsibility for selecting the generically equivalent drug that
  28-13  he does in filling a prescription for a drug product prescribed by
  28-14  generic name.  There shall be no liability on the prescriber for an
  28-15  act or omission by a pharmacist in selecting, preparing, or
  28-16  dispensing a drug product pursuant to this section.
  28-17        (l) <(k)>  Drug product selection as authorized in this
  28-18  section shall not apply to enteric-coated tablets; controlled
  28-19  release products; injectable suspensions, other than antibiotics;
  28-20  suppositories containing active ingredients for which systemic
  28-21  absorption is necessary for therapeutic activity; and different
  28-22  delivery systems for aerosol or nebulizer drugs.  This subsection
  28-23  shall not apply to any drug product which is determined to be
  28-24  generically equivalent to the brand prescribed.
  28-25        SECTION 13.  The Texas Pharmacy Act (Article 4542a-1,
   29-1  Vernon's Texas Civil Statutes) is amended by adding Sections 40B
   29-2  and 40C to read as follows:
   29-3        Sec. 40B.  EMERGENCY REFILLS.  A pharmacist may exercise his
   29-4  professional judgment in refilling a prescription for a
   29-5  prescription drug, other than a controlled substance listed in
   29-6  Schedule II, without the authorization of the prescribing
   29-7  practitioner, provided:
   29-8              (1)  failure to refill the prescription might result in
   29-9  an interruption of a therapeutic regimen or create patient
  29-10  suffering;
  29-11              (2)  either:
  29-12                    (A)  a natural or manmade disaster has occurred
  29-13  which prohibits the pharmacist from being able to contact the
  29-14  practitioner; or
  29-15                    (B)  the pharmacist is unable to contact the
  29-16  practitioner after reasonable effort;
  29-17              (3)  the quantity of prescription drug dispensed does
  29-18  not exceed a 72-hour supply;
  29-19              (4)  the pharmacist informs the patient or the
  29-20  patient's agent at the time of dispensing that the refill is being
  29-21  provided without such authorization and that authorization of the
  29-22  practitioner is required for future refills; and
  29-23              (5)  the pharmacist informs the practitioner of the
  29-24  emergency refill at the earliest reasonable time.
  29-25        Sec. 40C.  RELEASE OF CONFIDENTIAL RECORDS.  Confidential
   30-1  records are privileged and may be released only to:
   30-2              (1)  the patient or the patient's agent;
   30-3              (2)  practitioners and other pharmacists when, in the
   30-4  pharmacist's professional judgment, such release is necessary to
   30-5  protect the patient's health and well-being;
   30-6              (3)  other persons, the board, or other state or
   30-7  federal agencies authorized by law to receive such confidential
   30-8  records;
   30-9              (4)  a law enforcement agency engaged in investigation
  30-10  of suspected violations of the Controlled Substances Act or
  30-11  Dangerous Drug Act;
  30-12              (5)  a person employed by any state agency which
  30-13  licenses a practitioner as defined in this Act if such person is
  30-14  engaged in the performance of the person's official duties; or
  30-15              (6)  an insurance carrier or other third party payor
  30-16  authorized by a patient to receive such information.
  30-17        SECTION 14.  Subdivision (41), Section 481.002, Health and
  30-18  Safety Code, is amended to read as follows:
  30-19              (41)  "Prescription" means an order by a practitioner
  30-20  to a pharmacist for a controlled substance for a particular patient
  30-21  that specifies:
  30-22                    (A)  the date of issue;
  30-23                    (B)  the name and address of the patient or, if
  30-24  the controlled substance is prescribed for an animal, the species
  30-25  of the animal and the name and address of its owner;
   31-1                    (C)  the name and quantity of the controlled
   31-2  substance prescribed with the quantity shown numerically followed
   31-3  by the number written as a word if the order is written or, if the
   31-4  order is communicated orally or telephonically, with the quantity
   31-5  given by the practitioner and transcribed by the pharmacist
   31-6  numerically; <and>
   31-7                    (D)  directions for the use of the drug;
   31-8                    (E)  the intended use of the controlled substance
   31-9  or the diagnosis for which the controlled substance is prescribed;
  31-10  and
  31-11                    (F)  the name, address, Federal Drug Enforcement
  31-12  Administration registration number, and telephone number of the
  31-13  practitioner at the practitioner's usual place of business, legibly
  31-14  printed or stamped.
  31-15        SECTION 15.  Section 481.074, Health and Safety Code, is
  31-16  amended by amending Subsections (d) through (i) and adding
  31-17  Subsection (k) to read as follows:
  31-18        (d)  Except as specified in Subsections (e) and (f) of this
  31-19  section, a <A> person may not fill a prescription for a controlled
  31-20  substance listed in Schedule II after the end of the seventh day
  31-21  after the date on which the prescription is issued.  A person may
  31-22  not refill a prescription for a substance listed in Schedule II.
  31-23        (e)  The partial filling of a prescription for a controlled
  31-24  substance listed in Schedule II is permissible, if the pharmacist
  31-25  is unable to supply the full quantity called for in a written or
   32-1  emergency oral prescription and the pharmacist makes a notation of
   32-2  the quantity supplied on the face of the written prescription or
   32-3  written record of the emergency oral prescription.  The remaining
   32-4  portion of the prescription may be filled within 72 hours of the
   32-5  first partial filling; however, if the remaining portion is not or
   32-6  cannot be filled within the 72-hour period, the pharmacist shall so
   32-7  notify the prescribing individual practitioner.  No further
   32-8  quantity may be supplied beyond 72 hours without a new
   32-9  prescription.
  32-10        (f)  A prescription for a Schedule II controlled substance
  32-11  written for a patient in a long-term care facility (LTCF) or for a
  32-12  patient with a medical diagnosis documenting a terminal illness may
  32-13  be filled in partial quantities to include individual dosage units.
  32-14  If there is any question about whether a patient may be classified
  32-15  as having a terminal illness, the pharmacist must contact the
  32-16  practitioner prior to partially filling the prescription.  Both the
  32-17  pharmacist and the practitioner have a corresponding responsibility
  32-18  to assure that the controlled substance is for a terminally ill
  32-19  patient.  The pharmacist must record on the prescription whether
  32-20  the patient is "terminally ill" or an "LTCF patient."  A
  32-21  prescription that is partially filled and does not contain the
  32-22  notation "terminally ill" or "LTCF patient" shall be deemed to have
  32-23  been filled in violation of this Act.  For each partial filling,
  32-24  the dispensing pharmacist shall record on the back of Copy 1 and
  32-25  Copy 2 of the prescription the date of the partial filling, the
   33-1  quantity dispensed, the remaining quantity authorized to be
   33-2  dispensed, and the identification of the dispensing pharmacist.
   33-3  Prior to any subsequent partial filling the pharmacist is to
   33-4  determine that the additional partial filling is necessary.  The
   33-5  total quantity of Schedule II controlled substances dispensed in
   33-6  all partial fillings must not exceed the total quantity prescribed.
   33-7  Schedule II prescriptions for patients in a long-term care facility
   33-8  or patients with a medical diagnosis documenting a terminal illness
   33-9  shall be valid for a period not to exceed 30 days from the issue
  33-10  date unless sooner terminated by discontinuance of the medication.
  33-11        (g)  A person may not dispense a controlled substance in
  33-12  Schedule III or IV that is a prescription drug under the Federal
  33-13  Food, Drug, and Cosmetic Act (21 U.S.C. Section 301 et seq.)
  33-14  without a written, oral, or telephonically communicated
  33-15  prescription of a practitioner defined by Section 481.002(39)(A),
  33-16  except that the practitioner may dispense the substance directly to
  33-17  an ultimate user.  A prescription for a controlled substance listed
  33-18  in Schedule III or IV may not be filled or refilled later than six
  33-19  months after the date on which the prescription is issued and may
  33-20  not be refilled more than five times, unless the prescription is
  33-21  renewed by the practitioner.
  33-22        (h) <(f)>  A pharmacist may dispense a controlled substance
  33-23  listed in Schedule III, IV, or V under an original written
  33-24  prescription issued by a practitioner defined by Section
  33-25  481.002(38)(C) and only if the pharmacist determines that the
   34-1  prescription was issued for a valid medical purpose and in the
   34-2  course of professional practice.  A prescription issued under this
   34-3  subsection may not be filled or refilled later than six months
   34-4  after the date the prescription is issued, and a prescription
   34-5  authorized to be refilled on the original prescription may not be
   34-6  refilled more than five times.
   34-7        (i) <(g)>  A person may not dispense a controlled substance
   34-8  listed in Section 481.036(1) or (2) without the prescription of a
   34-9  practitioner defined by Section 481.002(39)(A), except that a
  34-10  practitioner may dispense the substance directly to an ultimate
  34-11  user.  A prescription issued under this subsection may not be
  34-12  filled or refilled later than six months after the date the
  34-13  prescription is issued and may not be refilled more than five
  34-14  times, unless the prescription is renewed by the practitioner.
  34-15        (j) <(h)>  A practitioner or institutional practitioner may
  34-16  not allow a patient, on the patient's release from the hospital, to
  34-17  possess a controlled substance prescribed by the practitioner
  34-18  unless:
  34-19              (1)  the substance was dispensed under a medication
  34-20  order while the patient was admitted to the hospital;
  34-21              (2)  the substance is in a properly labeled container;
  34-22  and
  34-23              (3)  the patient possesses not more than a seven-day
  34-24  supply of the substance.
  34-25        (k) <(i)>  A prescription for a controlled substance must
   35-1  show:
   35-2              (1)  the quantity of the substance prescribed:
   35-3                    (A)  numerically followed by the number written
   35-4  as a word if the prescription is written; or
   35-5                    (B)  if the prescription is communicated orally
   35-6  or telephonically, as transcribed by the receiving pharmacist;
   35-7              (2)  the date of issue;
   35-8              (3)  the name and address of the patient or, if the
   35-9  controlled substance is prescribed for an animal, the species of
  35-10  the animal and the name and address of its owner;
  35-11              (4)  the name and strength of the controlled substance
  35-12  prescribed;
  35-13              (5)  the directions for use of the controlled
  35-14  substance; <and>
  35-15              (6)  the intended use of the controlled substance or
  35-16  the diagnosis for which the controlled substance is prescribed; and
  35-17              (7)  the name, address, <and> Federal Drug Enforcement
  35-18  Administration registration number, and telephone number of the
  35-19  practitioner at the practitioner's usual place of business, legibly
  35-20  printed or stamped.
  35-21        (l)  A pharmacist may exercise his professional judgment in
  35-22  refilling a prescription for a controlled substance in Schedule
  35-23  III, IV, or V without the authorization of the prescribing
  35-24  practitioner provided:
  35-25              (1)  failure to refill the prescription might result in
   36-1  an interruption of a therapeutic regimen or create patient
   36-2  suffering;
   36-3              (2)  either:
   36-4                    (A)  a natural or manmade disaster has occurred
   36-5  which prohibits the pharmacist from being able to contact the
   36-6  practitioner; or
   36-7                    (B)  the pharmacist is unable to contact the
   36-8  practitioner after reasonable effort;
   36-9              (3)  the quantity of prescription drug dispensed does
  36-10  not exceed a 72-hour supply;
  36-11              (4)  the pharmacist informs the patient or the
  36-12  patient's agent at the time of dispensing that the refill is being
  36-13  provided without such authorization and that authorization of the
  36-14  practitioner is required for future refills; and
  36-15              (5)  the pharmacist informs the practitioner of the
  36-16  emergency refill at the earliest reasonable time.
  36-17        SECTION 16.  Subsections (d), (e), and (f), Section 481.075,
  36-18  Health and Safety Code, are amended to read as follows:
  36-19        (d)  Except for oral prescriptions prescribed under Section
  36-20  481.074(b), the prescribing practitioner shall:
  36-21              (1)  legibly fill in, or direct a designated agent to
  36-22  legibly fill in, on all three copies of the form in the space
  36-23  provided:
  36-24                    (A)  the date the prescription is written;
  36-25                    (B)  the drug prescribed, the quantity (shown
   37-1  numerically followed by the number written as a word), <and>
   37-2  instructions for use, and the intended use of the drug or the
   37-3  diagnosis for which the controlled substance is prescribed; and
   37-4                    (C)  the name, address, and age of the patient
   37-5  or, in the case of an animal, its owner, for whom the controlled
   37-6  substance is prescribed;
   37-7              (2)  sign Copies 1 and 2 of the form and give them to
   37-8  the person authorized to receive the prescription; and
   37-9              (3)  retain Copy 3 of the form with the practitioner's
  37-10  records for at least two years after the date the prescription is
  37-11  written.
  37-12        (e)  In the case of an oral prescription prescribed under
  37-13  Section 481.074(b), the prescribing practitioner shall give the
  37-14  dispensing pharmacy the information needed to complete the form.
  37-15        (f)  Each dispensing pharmacist shall:
  37-16              (1)  fill in on Copies 1 and 2 of the form in the space
  37-17  provided the information not required to be filled in by the
  37-18  prescribing practitioner or the Department of Public Safety;
  37-19              (2)  indicate the total quantity dispensed on the face
  37-20  of the triplicate prescription form;
  37-21              (3)  retain Copy 2 with the records of the pharmacy for
  37-22  at least two years; <and>
  37-23              (4) <(3)>  sign Copy 1 and send it to the Department of
  37-24  Public Safety not later than the 30th day after the date the
  37-25  prescription is filled or not later than the 30th day after the
   38-1  completion of a prescription dispensed under Section 481.074(f).
   38-2        SECTION 17.  Subchapter A, Chapter 483, Health and Safety
   38-3  Code, is amended by adding Section 483.0001 and amending Section
   38-4  483.001 to read as follows:
   38-5        Sec. 483.0001.  SHORT TITLE.  This Act may be cited as the
   38-6  Texas Dangerous Drug Act.
   38-7        Sec. 483.001.  DEFINITIONS.  In this chapter:
   38-8              (1) <(2)>  "Board" means the Texas State Board of
   38-9  Pharmacy.
  38-10              (2) <(3)>  "Dangerous drug" means a device or a drug
  38-11  that is unsafe for self-medication and that is not included in
  38-12  Schedules I through V or Penalty Groups 1 through 4 of Chapter 481
  38-13  (Texas Controlled Substances Act).  The term includes a device or a
  38-14  drug that bears or is required to bear the legend:
  38-15                    (A)  Caution:  federal law prohibits dispensing
  38-16  without prescription; or
  38-17                    (B)  Caution:  federal law restricts this drug to
  38-18  use by or on the order of a licensed veterinarian.
  38-19              (3) <(4)>  "Deliver" means to sell, dispense, give
  38-20  away, or supply in any other manner.
  38-21              (4)  "Designated agent" means:
  38-22                    (A)  a licensed nurse, physician assistant,
  38-23  pharmacist, or other individual designated by a practitioner to
  38-24  communicate prescription drug orders to a pharmacist;
  38-25                    (B)  a licensed nurse, physician assistant, or
   39-1  pharmacist employed in a health care facility to whom the
   39-2  practitioner communicates a prescription drug order; or
   39-3                    (C)  a registered nurse or physician assistant
   39-4  authorized by a practitioner to carry out a prescription drug order
   39-5  for dangerous drugs under Section 3.06(d)(5), Medical Practice Act
   39-6  (Article 4495b, Vernon's Texas Civil Statutes).
   39-7              (5)  "Dispense" means to prepare, package, compound, or
   39-8  label a dangerous drug in the course of professional practice for
   39-9  delivery under the lawful order of a practitioner to an ultimate
  39-10  user or the user's agent.
  39-11              (6)  "Manufacturer" means a person, other than a
  39-12  pharmacist, who manufactures dangerous drugs.  The term includes a
  39-13  person who prepares dangerous drugs in dosage form by mixing,
  39-14  compounding, encapsulating, entableting, or any other process.
  39-15              (7)  "Patient" means:
  39-16                    (A)  an individual for whom a dangerous drug is
  39-17  prescribed or to whom a dangerous drug is administered; or
  39-18                    (B)  an owner or the agent of an owner of an
  39-19  animal for which a dangerous drug is prescribed or to which a
  39-20  dangerous drug is administered.
  39-21              (8)  "Person" includes an individual, corporation,
  39-22  partnership, and association.
  39-23              (9)  "Pharmacist" means a person licensed by the Texas
  39-24  State Board of Pharmacy to practice pharmacy.
  39-25              (10)  "Pharmacy" means a facility licensed by the board
   40-1  pursuant to Section 29, Texas Pharmacy Act (Article 4542a-1,
   40-2  Vernon's Texas Civil Statutes) <in which the practice of pharmacy
   40-3  occurs>.
   40-4              (11)  "Practice of pharmacy" means:
   40-5                    (A)  provision of those acts or services
   40-6  necessary to provide pharmaceutical care;
   40-7                    (B)  interpretation and evaluation of
   40-8  prescription drug orders or medication orders;
   40-9                    (C)  participation in drug and device selection,
  40-10  drug administration, drug regimen review, or drug or drug-related
  40-11  research;
  40-12                    (D)  provision of patient counseling; and
  40-13                    (E)  responsibility for:
  40-14                          (i)  dispensing of prescription drug orders
  40-15  or distribution of medication orders in the patient's best
  40-16  interest;
  40-17                          (ii)  compounding and labeling of drugs and
  40-18  devices, except labeling by a manufacturer, repackager, or
  40-19  distributor of nonprescription drugs and commercially packaged
  40-20  prescription drugs and devices;
  40-21                          (iii)  proper and safe storage of drugs and
  40-22  devices; and
  40-23                          (iv)  maintenance of proper records for
  40-24  drugs and devices <the interpretation and evaluation of
  40-25  prescription or medication orders, the dispensing and labeling of
   41-1  drugs or devices, the selection of drugs and the review of drug
   41-2  use, the storage of prescription drugs and devices and the
   41-3  maintenance of prescription drug records in a pharmacy, the giving
   41-4  of advice or consultation if necessary or required by law about the
   41-5  therapeutic value, content, hazard, or use of drugs or devices, or
   41-6  the offer to perform or the performance of the services and
   41-7  transactions necessary to operate a pharmacy>.  In this
   41-8  subdivision, "device" has the meaning assigned by the Texas
   41-9  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes).
  41-10              (12)  "Practitioner" means a person licensed:
  41-11                    (A)  by the Texas State Board of Medical
  41-12  Examiners, State Board of Dental Examiners, Texas State Board of
  41-13  Podiatry Examiners, Texas Optometry Board, or State Board of
  41-14  Veterinary Medical Examiners to prescribe and administer dangerous
  41-15  drugs;
  41-16                    (B)  by another state in a health field in which,
  41-17  under the laws of this state, a licensee may legally prescribe
  41-18  dangerous drugs; or
  41-19                    (C)  in Canada or Mexico in a health field in
  41-20  which, under the laws of this state, a licensee may legally
  41-21  prescribe dangerous drugs.
  41-22              (13)  "Prescription" means an order from a
  41-23  practitioner, or an agent of the practitioner designated in writing
  41-24  as authorized to communicate prescriptions, or an order made in
  41-25  accordance with Section 3.06(d)(5), Medical Practice Act (Article
   42-1  4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
   42-2  dangerous drug to be dispensed that states:
   42-3                    (A)  the date of the order's issue;
   42-4                    (B)  the name and address of the patient;
   42-5                    (C)  if the drug is prescribed for an animal, the
   42-6  species of the animal;
   42-7                    (D)  the name and quantity of the drug
   42-8  prescribed; <and>
   42-9                    (E)  the directions for the use of the drug;
  42-10                    (F)  the intended use of the drug or the
  42-11  diagnosis for which the drug is prescribed; and
  42-12                    (G)  the name, address, and telephone number of
  42-13  the practitioner at the practitioner's usual place of business,
  42-14  legibly printed or stamped.
  42-15              (14)  "Warehouseman" means a person who stores
  42-16  dangerous drugs for others and who has no control over the
  42-17  disposition of the drugs except for the purpose of storage.
  42-18              (15)  "Wholesaler" means a person engaged in the
  42-19  business of distributing dangerous drugs to a person listed in
  42-20  Sections 483.041(c)(1)-(6).
  42-21        SECTION 18.  Section 483.022, Health and Safety Code, is
  42-22  amended to read as follows:
  42-23        Sec. 483.022.  Practitioner's Designated Agent;
  42-24  Practitioner's Responsibilities.  (a)  A practitioner shall provide
  42-25  in writing the name of each<:>
   43-1              <(1)>  designated agent as defined by Section
   43-2  483.001(4) <authorized by the practitioner to communicate
   43-3  prescriptions for the practitioner; and>
   43-4              <(2)  registered nurse or physician assistant
   43-5  authorized to carry out a prescription drug order under Section
   43-6  3.06(d)(5), Medical Practice Act (Article 4495b, Vernon's Texas
   43-7  Civil Statutes)>.
   43-8        (b)  The practitioner shall maintain at the practitioner's
   43-9  usual place of business a list of the designated agents as defined
  43-10  by Section 483.001(4) <and a list of the designated registered
  43-11  nurses or physician assistants authorized to carry out a
  43-12  prescription drug order>.
  43-13        <(b)  The practitioner shall maintain at the practitioner's
  43-14  usual place of business a list of each designated agent, registered
  43-15  nurse, or physician assistant who is authorized to carry out a
  43-16  prescription drug order.>
  43-17        (c)  The practitioner shall provide a pharmacist with a copy
  43-18  of the practitioner's written authorization for a designated agent
  43-19  as defined by Section 483.001(4)<, registered nurse, or physician
  43-20  assistant> on the pharmacist's request.
  43-21        (d)  This section does not relieve a practitioner or the
  43-22  practitioner's designated agent from the requirements of Section
  43-23  40, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
  43-24  Statutes).
  43-25        (e)  A practitioner remains personally responsible for the
   44-1  actions of a designated agent who communicates a prescription to a
   44-2  pharmacist.
   44-3        SECTION 19.  Subsection (d), Section 483.041, Health and
   44-4  Safety Code, is amended to read as follows:
   44-5        (d)  An offense under this section is a felony of the third
   44-6  degree <Class B misdemeanor unless it is shown on the trial of the
   44-7  defendant that the defendant has previously been convicted of an
   44-8  offense under this section, in which event the offense is a Class A
   44-9  misdemeanor>.
  44-10        SECTION 20.  Section 483.042, Health and Safety Code, is
  44-11  amended by amending Subsections (c) and (d) to read as follows:
  44-12        (c)  The labeling provisions of Subsection (a) do not apply
  44-13  when the dangerous drug is prescribed for administration to an
  44-14  ultimate user who is institutionalized.  The board shall adopt
  44-15  rules for the labeling of such drugs.
  44-16        (d)  Proof of an offer to sell a dangerous drug must be
  44-17  corroborated by a person other than the offeree or by evidence
  44-18  other than a statement by the offeree.
  44-19        (e) <(d)>  An offense under this section is a felony of the
  44-20  third degree.
  44-21        SECTION 21.  Section 483.047, Health and Safety Code, is
  44-22  amended to read as follows:
  44-23        Sec. 483.047.  Refilling Prescription Without Authorization.
  44-24  (a)  Except as authorized by Subsection (b), a <A> pharmacist
  44-25  commits an offense if the pharmacist refills a prescription unless:
   45-1              (1)  the prescription contains an authorization by the
   45-2  practitioner for the refilling of the prescription, and the
   45-3  pharmacist refills the prescription in the manner provided by the
   45-4  authorization; or
   45-5              (2)  at the time of refilling the prescription, the
   45-6  pharmacist is authorized to do so by the practitioner who issued
   45-7  the prescription.
   45-8        (b)  A pharmacist may exercise his professional judgment in
   45-9  refilling a prescription for a dangerous drug without the
  45-10  authorization of the prescribing practitioner provided:
  45-11              (1)  failure to refill the prescription might result in
  45-12  an interruption of a therapeutic regimen or create patient
  45-13  suffering;
  45-14              (2)  either:
  45-15                    (A)  a natural or manmade disaster has occurred
  45-16  which prohibits the pharmacist from being able to contact the
  45-17  practitioner; or
  45-18                    (B)  the pharmacist is unable to contact the
  45-19  practitioner after reasonable effort;
  45-20              (3)  the quantity of drug dispensed does not exceed a
  45-21  72-hour supply;
  45-22              (4)  the pharmacist informs the patient or the
  45-23  patient's agent at the time of dispensing that the refill is being
  45-24  provided without such authorization and that authorization of the
  45-25  practitioner is required for future refills; and
   46-1              (5)  the pharmacist informs the practitioner of the
   46-2  emergency refill at the earliest reasonable time.
   46-3        (c)  An offense under this section is a Class B misdemeanor
   46-4  unless it is shown on the trial of the defendant that the defendant
   46-5  has previously been convicted under this chapter, in which event
   46-6  the offense is a Class A misdemeanor.
   46-7        SECTION 22.  This Act takes effect September 1, 1993.
   46-8        SECTION 23.  (a)  A change in law made by this Act which
   46-9  applies to a criminal offense applies only to an offense committed
  46-10  on or after the effective date of this Act.  For purposes of this
  46-11  section, an offense is committed before the effective date of this
  46-12  Act if any element of the offense occurs before that date.
  46-13        (b)  A criminal offense committed before the effective date
  46-14  of this Act is covered by the law in effect when the offense was
  46-15  committed, and the former law is continued in effect for this
  46-16  purpose.
  46-17        SECTION 24.  The importance of this legislation and the
  46-18  crowded condition of the calendars in both houses create an
  46-19  emergency and an imperative public necessity that the
  46-20  constitutional rule requiring bills to be read on three several
  46-21  days in each house be suspended, and this rule is hereby suspended.