By:  Carriker                                          S.B. No. 621
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the continuation and functions of the Texas State Board
    1-2  of Pharmacy and to the regulation of the practice of pharmacy;
    1-3  providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3, Texas Pharmacy Act (Article 4542a-1,
    1-6  Vernon's Texas Civil Statutes), is amended to read as follows:
    1-7        Sec. 3.  Sunset provision.  The Texas State Board of Pharmacy
    1-8  is subject to Chapter 325, Government Code (Texas Sunset Act).
    1-9  Unless continued in existence as provided by that chapter, the
   1-10  board is abolished and this Act expires September 1, 2005 <1993>.
   1-11        SECTION 2.  Section 7, Texas Pharmacy Act (Article 4542a-1,
   1-12  Vernon's Texas Civil Statutes), is amended to read as follows:
   1-13        Sec. 7.  Membership.  (a)  The board consists of nine
   1-14  members, six <seven> of whom must be licensed pharmacists and three
   1-15  <two> of whom must be representatives of the general public.  There
   1-16  shall be representation on the board for licensed pharmacists who
   1-17  are primarily employed in Class A and Class C pharmacies.
   1-18        (b)  A person <who is required to register as a lobbyist
   1-19  under Chapter 305, Government Code, by virtue of his activities as
   1-20  a member of a trade or professional association in the regulated
   1-21  profession> may not act as general counsel or serve as a member of
   1-22  the board if the person is required to register as a lobbyist under
   1-23  Chapter 305, Government Code, and its subsequent amendments,
   1-24  because of the person's activities for compensation on behalf of a
    2-1  profession related to the operation of the board.
    2-2        SECTION 3.  Section 8, Texas Pharmacy Act (Article 4542a-1,
    2-3  Vernon's Texas Civil Statutes), is amended to read as follows:
    2-4        Sec. 8.  Qualifications.  (a)  A licensed pharmacist member
    2-5  of the board may not be a salaried faculty member at a college of
    2-6  pharmacy and must at the time of his appointment:
    2-7              (1)  be a resident of this state;
    2-8              (2)  be licensed for the five years immediately
    2-9  preceding appointment and be in good standing to engage in the
   2-10  practice of pharmacy in this state; and
   2-11              (3)  be engaged in the practice of pharmacy in this
   2-12  state<; and>
   2-13              <(4)  not be an officer, employee, or paid consultant
   2-14  of a trade association in the regulated industry or be related
   2-15  within the second degree by affinity or consanguinity, as
   2-16  determined under Article 5996h, Revised Statutes, to a person who
   2-17  is an officer, employee, or paid consultant of a trade association
   2-18  in the regulated industry>.
   2-19        (b)  A person is not eligible for appointment as a public
   2-20  member of the board if the person or the person's spouse:
   2-21              (1)  is registered, certified, or licensed by an
   2-22  occupational regulatory agency in the field of health care;
   2-23              (2)  is employed by or participates in the management
   2-24  of a <an agency or> business entity or other organization regulated
   2-25  by the board or receiving funds from the board <that provides
   2-26  health care services or that sells, manufactures, or distributes
   2-27  health care supplies or equipment>; <or>
    3-1              (3)  owns or<,> controls<, or has an interest in>,
    3-2  directly or indirectly, more than a 10 percent interest in <of> a
    3-3  business entity or other organization regulated by the board or
    3-4  receiving funds from the board; or
    3-5              (4)  uses or receives a substantial amount of tangible
    3-6  goods, services, or funds from the board, other than compensation
    3-7  or reimbursement authorized by law for board membership,
    3-8  attendance, or expenses <that provides health care services or that
    3-9  sells, manufactures, or distributes health care supplies or
   3-10  equipment>.
   3-11        (c)  It is a ground for removal from the board if a member:
   3-12              (1)  does not have at the time of appointment or does
   3-13  not maintain during his service on the board the qualifications
   3-14  required by Sections 7(a) and (b) of this Act; <Subsection (a) or
   3-15  (b) of this section, as appropriate; or>
   3-16              (2)  violates the prohibition prescribed by Section
   3-17  7(b) of this Act or Subsection (a) of this section;
   3-18              (3)  cannot discharge the member's duties for a
   3-19  substantial part of the term for which the member is appointed
   3-20  because of illness or disability; or
   3-21              (4)  is absent from more than half of the regularly
   3-22  scheduled board meetings that the member is eligible to attend
   3-23  during a calendar year unless the absence is excused by majority
   3-24  vote of the board.
   3-25        (d)  The validity of an action of the board is not affected
   3-26  by the fact that it is taken when a ground for removal of a board
   3-27  member exists.
    4-1        (e)  If the executive director has knowledge that a potential
    4-2  ground for removal exists, the executive director shall notify the
    4-3  president of the board of the ground.  The president shall then
    4-4  notify the governor that a potential ground for removal exists.
    4-5        SECTION 4.  Subsection (a), Section 9, Texas Pharmacy Act
    4-6  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
    4-7  read as follows:
    4-8        (a)  The governor shall appoint the members of the board with
    4-9  the advice and consent of the senate.  Appointments to the board
   4-10  shall be made without regard to the race, color, disability
   4-11  <creed>, sex, religion, age, or national origin of the appointee.
   4-12        SECTION 5.  Section 12, Texas Pharmacy Act (Article 4542a-1,
   4-13  Vernon's Texas Civil Statutes), is amended by amending Subsections
   4-14  (c), (d), and (e) and by adding Subsection (f) to read as follows:
   4-15        (c)  The board shall employ a licensed pharmacist who shall
   4-16  serve as a secretary to and be an ex officio member of the board
   4-17  without vote to serve as a full-time employee of the board in the
   4-18  position of executive director.  The executive director shall be
   4-19  responsible for the performance of the regular administrative
   4-20  functions of the board and other duties as the board may direct.
   4-21  The executive director may not perform any discretionary or
   4-22  decision-making functions for which the board is solely
   4-23  responsible.  The board shall develop and implement policies that
   4-24  clearly define the respective responsibilities of the board and the
   4-25  staff of the board.
   4-26        (d)  The executive director or the executive director's <his>
   4-27  designee shall develop within one year of the effective date of
    5-1  this Act an intra-agency career ladder program, one part of which
    5-2  shall be the intra-agency posting of all nonentry level positions
    5-3  concurrently with <for at least 10 days prior to> any public
    5-4  posting.
    5-5        (e)  The executive director or the executive director's <his>
    5-6  designee shall develop <within one year of the effective date of
    5-7  this Act> a system of annual performance evaluations <based on
    5-8  measurable job tasks>.  All <Within two years of the effective date
    5-9  of this Act, all> merit pay for board employees <authorized by the
   5-10  executive director> must be based on the system established by this
   5-11  subsection.
   5-12        (f)  Each board member shall comply with the board member
   5-13  training requirements established by any other state agency that is
   5-14  given authority to establish the requirements for the board.
   5-15        SECTION 6.  Section 15, Texas Pharmacy Act (Article 4542a-1,
   5-16  Vernon's Texas Civil Statutes), is amended by amending Subsection
   5-17  (c) and by adding Subsections (d), (e), and (f) to read as follows:
   5-18        (c)  An <employee of the board may not be an> officer,
   5-19  employee, or paid consultant of a Texas trade association in the
   5-20  field of health care may not be a member or employee of the board
   5-21  who is exempt from the state's position classification plan or is
   5-22  compensated at or above the amount prescribed by the General
   5-23  Appropriations Act for step 1, salary group 17, of the position
   5-24  classification salary schedule <regulated industry or be related
   5-25  within the second degree by affinity or consanguinity, as
   5-26  determined under Article 5996h, Revised Statutes, to a person who
   5-27  is an officer, employee, or paid consultant of a trade association
    6-1  in the regulated industry>.
    6-2        (d)  A person who is the spouse of an officer, manager, or
    6-3  paid consultant of a Texas trade association in the field of health
    6-4  care may not be a board member and may not be a board employee who
    6-5  is exempt from the state's position classification plan or is
    6-6  compensated at or above the amount prescribed by the General
    6-7  Appropriations Act for step 1, salary group 17, of the position
    6-8  classification salary schedule.
    6-9        (e)  For the purposes of this section, a Texas trade
   6-10  association is a nonprofit, cooperative, and voluntarily joined
   6-11  association of business or professional competitors in this state
   6-12  designed to assist its members and its industry or profession in
   6-13  dealing with mutual business or professional problems and in
   6-14  promoting their common interest.
   6-15        (f)  The board shall provide to its members and employees, as
   6-16  often as necessary, information regarding their qualification for
   6-17  office or employment under this Act and their responsibilities
   6-18  under applicable laws relating to standards of conduct for state
   6-19  officers or employees.
   6-20        SECTION 7.  The Texas Pharmacy Act (Article 4542a-1, Vernon's
   6-21  Texas Civil Statutes) is amended by adding Section 15A to read as
   6-22  follows:
   6-23        Sec. 15A.  EQUAL EMPLOYMENT OPPORTUNITIES.  (a)  The
   6-24  executive director or the executive director's designee shall
   6-25  prepare and maintain a written policy statement to assure
   6-26  implementation of a program of equal employment opportunity under
   6-27  which all personnel transactions are made without regard to race,
    7-1  color, disability, sex, religion, age, or national origin.  The
    7-2  policy statement must include:
    7-3              (1)  personnel policies, including policies relating to
    7-4  recruitment, evaluation, selection, appointment, training, and
    7-5  promotion of personnel that are in compliance with requirements of
    7-6  the Commission on Human Rights Act (Article 5221k, Vernon's Texas
    7-7  Civil Statutes) and its subsequent amendments;
    7-8              (2)  a comprehensive analysis of the board work force
    7-9  that meets federal and state guidelines;
   7-10              (3)  procedures by which a determination can be made of
   7-11  significant underutilization in the board work force of all persons
   7-12  for whom federal or state guidelines encourage a more equitable
   7-13  balance; and
   7-14              (4)  reasonable methods to address those areas of
   7-15  significant underutilization appropriately.
   7-16        (b)  A policy statement prepared under Subsection (a) of this
   7-17  section must cover an annual period, be updated annually and
   7-18  reviewed by the Commission on Human Rights for compliance with
   7-19  Subsection (a)(1) of this section, and be filed with the governor's
   7-20  office.
   7-21        (c)  The governor's office shall deliver a biennial report to
   7-22  the legislature based on the information received under Subsection
   7-23  (b) of this section.  The report may be made separately or as a
   7-24  part of other biennial reports made to the legislature.
   7-25        SECTION 8.  Section 16, Texas Pharmacy Act (Article 4542a-1,
   7-26  Vernon's Texas Civil Statutes), is amended by adding Subsection (c)
   7-27  to read as follows:
    8-1        (c)  The board may not include in its rules to prohibit
    8-2  false, misleading, or deceptive practices by a person regulated by
    8-3  the board a rule that:
    8-4              (1)  restricts the use of any medium for advertising;
    8-5              (2)  restricts the person's personal appearance or use
    8-6  of the person's voice in an advertisement;
    8-7              (3)  relates to the size or duration of an
    8-8  advertisement by the person; or
    8-9              (4)  restricts the person's advertisement under a trade
   8-10  name.
   8-11        (d)  If the board determines it necessary in order to protect
   8-12  the health and welfare of the citizens of this state, it may make a
   8-13  rule concerning the operation of a licensed pharmacy located in
   8-14  this state also applicable to pharmacies licensed by the board that
   8-15  are located in another state.
   8-16        SECTION 9.  Subsection (f), Section 17, Texas Pharmacy Act
   8-17  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   8-18  read as follows:
   8-19        (f)  The board shall submit whatever reports are required by
   8-20  state law.  The <Before December 1 of each year, the> board shall
   8-21  file annually with the governor and the presiding officer of each
   8-22  house of the legislature a complete and detailed <a> written report
   8-23  accounting <with the legislature and the governor in which the
   8-24  board accounts> for all funds received and disbursed by the board
   8-25  during the preceding fiscal year.  The annual report must be in the
   8-26  form and reported in the time provided by the General
   8-27  Appropriations Act.
    9-1        SECTION 10.  Subsection (m), Section 17, Texas Pharmacy Act
    9-2  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
    9-3  read as follows:
    9-4        (m)  The board shall maintain an office where permanent
    9-5  records are kept and preserve a record of its proceedings.  <The
    9-6  board shall maintain an information file about each complaint filed
    9-7  with the board relating to a licensee.  If a written complaint is
    9-8  filed with the board relating to a licensee, the board shall, at
    9-9  least semiannually, notify the parties to the complaint as to the
   9-10  status of the complaint until final disposition, unless the
   9-11  notification would jeopardize an undercover investigation.>
   9-12        SECTION 11.  The Texas Pharmacy Act (Article 4542a-1,
   9-13  Vernon's Texas Civil Statutes) is amended by adding Sections 17A,
   9-14  17B, 17C, 17D, and 17E to read as follows:
   9-15        Sec. 17A.  PUBLIC INTEREST INFORMATION AND COMPLAINTS; PUBLIC
   9-16  ACCESS TO BOARD FUNCTIONS.  (a)  The board shall prepare
   9-17  information of public interest describing the functions of the
   9-18  board and the board's procedures by which complaints are filed with
   9-19  and resolved by the board.  The board shall make the information
   9-20  available to the public and appropriate state agencies.
   9-21        (b)  The board by rule shall establish methods by which
   9-22  consumers and service recipients are notified of the name, mailing
   9-23  address, and telephone number of the board for the purpose of
   9-24  directing complaints to the board.  The board may provide for that
   9-25  notification:
   9-26              (1)  on each registration form, application, or written
   9-27  contract for services of an individual or entity regulated under
   10-1  this Act;
   10-2              (2)  on a sign prominently displayed in the place of
   10-3  business of each individual or entity regulated under this Act; or
   10-4              (3)  in a bill for service provided by an individual or
   10-5  entity regulated under this Act.
   10-6        (c)  The board shall list along with its regular telephone
   10-7  number the toll-free telephone number that may be called to present
   10-8  a complaint about a health professional if the toll-free number is
   10-9  established under other state law.
  10-10        (d)  The board shall develop and implement policies that
  10-11  provide the public with a reasonable opportunity to appear before
  10-12  the board and to speak on any issue under the jurisdiction of the
  10-13  board.
  10-14        (e)  The board shall prepare and maintain a written plan that
  10-15  describes how a person who does not speak English can be provided
  10-16  reasonable access to the board's programs.  The board shall also
  10-17  comply with federal and state laws for program and facility
  10-18  accessibility.
  10-19        Sec. 17B.  RECORDS OF COMPLAINTS.  (a)  The board shall keep
  10-20  an information file about each complaint filed with the board.  The
  10-21  board's information file shall be kept current and contain a record
  10-22  for each complaint of:
  10-23              (1)  all persons contacted in relation to the
  10-24  complaint;
  10-25              (2)  a summary of findings made at each step of the
  10-26  complaint process;
  10-27              (3)  an explanation of the legal basis and reason for a
   11-1  complaint that is dismissed; and
   11-2              (4)  other relevant information.
   11-3        (b)  If a written complaint is filed with the board that the
   11-4  board has authority to resolve, the board, at least as frequently
   11-5  as quarterly and until final disposition of the complaint, shall
   11-6  notify the parties to the complaint of the status of the complaint
   11-7  unless the notice would jeopardize an undercover investigation.
   11-8        (c)  The board by rule shall adopt a form to standardize
   11-9  information concerning complaints made to the board.  The board by
  11-10  rule shall prescribe information to be provided to a person when
  11-11  the person files a complaint with the board.
  11-12        (d)  The board shall provide reasonable assistance to a
  11-13  person who wishes to file a complaint with the board.
  11-14        Sec. 17C.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  11-15  board shall adopt rules concerning the investigation of a complaint
  11-16  filed with the board.  The rules adopted under this subsection
  11-17  shall:
  11-18              (1)  distinguish between categories of complaints;
  11-19              (2)  ensure that complaints are not dismissed without
  11-20  appropriate consideration;
  11-21              (3)  require that the board be advised of a complaint
  11-22  that is dismissed and that a letter be sent to the person who filed
  11-23  the complaint explaining the action taken on the dismissed
  11-24  complaint;
  11-25              (4)  ensure that the person who filed the complaint has
  11-26  an opportunity to explain the allegations made in the complaint;
  11-27  and
   12-1              (5)  prescribe guidelines concerning the categories of
   12-2  complaints that require the use of a private investigator and the
   12-3  procedures for the board to obtain the services of a private
   12-4  investigator.
   12-5        (b)  The board shall dispose of all complaints in a timely
   12-6  manner.  The board shall establish a timeline for conducting each
   12-7  phase of a complaint that is under the control of the board not
   12-8  later than the 30th day after the date the complaint is received by
   12-9  the board.  The timeline shall be kept in the information file for
  12-10  the complaint and all parties shall be notified of the projected
  12-11  time requirements for pursuing the complaint.  A change in the
  12-12  timeline must be noted in the complaint information file and all
  12-13  parties to the complaint must be notified not later than the
  12-14  seventh day after the date the change is made.
  12-15        (c)  The executive director of the board shall notify the
  12-16  board of a complaint that extends beyond the time prescribed by the
  12-17  board for resolving the complaint so that the board may take
  12-18  necessary action on the complaint.
  12-19        Sec. 17D.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  12-20  shall adopt procedures governing:
  12-21              (1)  informal disposition of a contested case under
  12-22  Section 13(e), Administrative Procedure and Texas Register Act
  12-23  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  12-24  subsequent amendments; and
  12-25              (2)  informal proceedings held in compliance with
  12-26  Section 18(c), Administrative Procedure and Texas Register Act
  12-27  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   13-1  subsequent amendments.
   13-2        (b)  Rules adopted under this section must provide the
   13-3  complainant and the licensee an opportunity to be heard and must
   13-4  require the presence of an attorney to advise the board or the
   13-5  board's employees.  The attorney must be a member of the board's
   13-6  legal staff, if the board has a legal staff.  If the board does not
   13-7  have a legal staff, the attorney must be an employee of the office
   13-8  of the attorney general.
   13-9        Sec. 17E.  MONITORING OF LICENSE HOLDER.  The board by rule
  13-10  shall develop a system for monitoring license holders' compliance
  13-11  with the requirements of this Act.  Rules adopted under this
  13-12  section shall include procedures for monitoring a license holder
  13-13  who is ordered by the board to perform certain acts to ascertain
  13-14  that the license holder performs the required acts and to identify
  13-15  and monitor license holders who represent a risk to the public.
  13-16        SECTION 12.  Section 21, Texas Pharmacy Act (Article 4542a-1,
  13-17  Vernon's Texas Civil Statutes), is amended by amending Subsections
  13-18  (c) and (d) and adding Subsection (h) to read as follows:
  13-19        (c)  The examinations for licensing required under this
  13-20  section shall be given by the board at least two times during the
  13-21  fiscal year of the state.  The board shall determine the content
  13-22  and subject matter of each examination and determine which persons
  13-23  have successfully passed the examination.  <An applicant who fails
  13-24  the examination may retake the examination.> If requested in
  13-25  writing by a person who fails the licensing examination
  13-26  administered under this Act <so requests in writing>, the board
  13-27  shall furnish the person with an analysis of the person's <his>
   14-1  performance on the examination.
   14-2        (d)  The examination shall be prepared to measure the
   14-3  competence of the applicant to engage in the practice of pharmacy.
   14-4  The board may employ and cooperate with any organization or
   14-5  consultant in the preparation and grading of an appropriate
   14-6  examination, but shall retain the sole discretion and
   14-7  responsibility of determining which applicants have successfully
   14-8  passed the examination.  A written examination prepared or offered
   14-9  by the board, including standardized national examinations, shall
  14-10  be validated by an independent testing professional.
  14-11        (h)  The board by rule shall establish the conditions under
  14-12  which an applicant who fails the licensing examination may retake
  14-13  the examination.  The board may require an applicant to fulfill
  14-14  additional educational requirements and may deny an applicant who
  14-15  failed the examination the opportunity to retake the examination.
  14-16        SECTION 13.  The Texas Pharmacy Act (Article 4542a-1,
  14-17  Vernon's Texas Civil Statutes) is amended by adding Section 22A to
  14-18  read as follows:
  14-19        Sec. 22A.  PROVISIONAL LICENSE.  (a)  The board may, in the
  14-20  discretion of the board in each instance, on payment by the
  14-21  applicant for registration of a fee set by the board, grant a
  14-22  provisional license to an applicant who presents proof of current
  14-23  licensure in another state, the District of Columbia, or territory
  14-24  of the United States that maintains professional standards
  14-25  considered by the board to be equivalent to those set forth in this
  14-26  Act.  An applicant for the provisional license under this article
  14-27  must:
   15-1              (1)  be licensed in good standing as a pharmacist in
   15-2  another state, the District of Columbia, or a territory of the
   15-3  United States that has licensing requirements that are
   15-4  substantially equivalent to the requirements of this Act;
   15-5              (2)  have passed a national or other examination
   15-6  recognized by the board relating to pharmacy; and
   15-7              (3)  be sponsored by a person licensed by the board
   15-8  under this Act with whom the provisional license holder may
   15-9  practice under this section.
  15-10        (b)  An applicant for a provisional license may be excused
  15-11  from Subsection (a)(3) of this section if the board determines that
  15-12  compliance with that section constitutes a hardship to the
  15-13  applicant.
  15-14        (c)  A provisional license is valid until the date the board
  15-15  approves or denies the provisional license holder's application for
  15-16  a license.  The board shall issue a license under this Act to the
  15-17  holder of a provisional license under this section if:
  15-18              (1)  the provisional license holder passes the
  15-19  jurisprudence examination required by this Act;
  15-20              (2)  the board verifies that the provisional license
  15-21  holder has the academic and experience requirements for a license
  15-22  under this Act; and
  15-23              (3)  the provisional license holder satisfies any other
  15-24  license requirements under this Act.
  15-25        (d)  The board must complete the processing of a provisional
  15-26  license holder's application for a license not later than the 180th
  15-27  day after the date the provisional license is issued or at the time
   16-1  licenses are issued following the successful completion of the
   16-2  examination, whichever is later.
   16-3        SECTION 14.  Section 24, Texas Pharmacy Act (Article 4542a-1,
   16-4  Vernon's Texas Civil Statutes), is amended to read as follows:
   16-5        Sec. 24.  License renewal.  (a)  The board by rule may adopt
   16-6  a system under which licenses expire on various dates during the
   16-7  year.  For the year in which the license expiration date is
   16-8  changed, license fees payable on February 1 shall be prorated on a
   16-9  monthly basis so that each licensee shall pay only that portion of
  16-10  the license fee that is allocable to the number of months during
  16-11  which the license is valid.  On renewal of the license on the new
  16-12  expiration date, the total license renewal fee is payable <A
  16-13  license to practice pharmacy expires on December 31 of each year or
  16-14  of every other year, as determined by the board.  To be eligible to
  16-15  renew the license, a licensee must comply with the continuing
  16-16  education requirements prescribed by the board>.
  16-17        (b)  The license may be renewed for one or two years, as
  16-18  determined by the board, by payment of a renewal fee as determined
  16-19  by the board and by filing a completed application, given under
  16-20  oath, with the board for a license renewal certificate before the
  16-21  expiration date of the license.  The application must state that
  16-22  the mandatory <number of hours of> continuing education
  16-23  requirements have been completed by the licensee during the
  16-24  preceding license period.
  16-25        (c)  On timely receipt of the completed application, the
  16-26  renewal fee, and proof of completion of the continuing education
  16-27  requirements prescribed by Section 24A of this Act, the board shall
   17-1  issue a license renewal certificate bearing the pharmacist's
   17-2  license number, the period for which it is renewed, and other
   17-3  information the board determines necessary.
   17-4        (d)  If a person's license has been expired for <not more
   17-5  than> 90 days or less, the person may renew the license by paying
   17-6  to the board the required renewal fee and a fee that is one-half of
   17-7  the examination fee for the license.
   17-8        (e)  If a person's license has been expired for more than 90
   17-9  days but less than one year <two years>, the person may renew the
  17-10  license by paying to the board all unpaid renewal fees and a fee
  17-11  that is equal to the examination fee for the license.
  17-12        (f)  If a person's license has been expired for one year <two
  17-13  years> or more, the person may not renew the license <and must
  17-14  apply for a new license>.  The board may issue a new license to
  17-15  that person if the person has not had a license granted by any
  17-16  other state suspended, revoked, canceled, surrendered, or otherwise
  17-17  restricted for any reason, and if the person:
  17-18              (1)  was licensed as a pharmacist in this state, moved
  17-19  to another state, is licensed in the other state and has been
  17-20  engaged in the practice of pharmacy in the other state for the two
  17-21  years preceding the application for a new license, pays to the
  17-22  board an amount equal to the examination fee for the license, and
  17-23  passes the Texas Drug and Pharmacy Jurisprudence examination;
  17-24              (2)  was licensed as a pharmacist in this state, pays
  17-25  to the board an amount equal to the examination fee for the
  17-26  license, successfully passes the Texas Drug and Pharmacy
  17-27  Jurisprudence examination and any other examination required by the
   18-1  board, and, in addition to or in lieu of passing the examination as
   18-2  required by the board, participates in continuing pharmacy
   18-3  education and practices under conditions set by the board; or
   18-4              (3)  submits to reexamination and complies with the
   18-5  requirements and procedures for obtaining an original license.
   18-6        (g)  At least 30 days before the expiration of a person's
   18-7  license, the board shall send written notice of the impending
   18-8  license expiration to the person at the licensee's last known
   18-9  address according to the records of the board.  <The board shall
  18-10  notify each licensee in writing of the licensee's impending license
  18-11  expiration at least 60 days before the expiration date and again
  18-12  two weeks before the expiration date.  The notice must state the
  18-13  number of continuing education hours the licensee must complete to
  18-14  be eligible to renew the license.  If the licensee exceeded the
  18-15  number of hours of continuing education required for renewal during
  18-16  the preceding license period, the notice must include the number of
  18-17  hours the licensee may carry forward.>
  18-18        <(h)  The board shall specify by rule the procedures to be
  18-19  followed and the fees to be paid for renewal and penalties for late
  18-20  renewal of licenses.>
  18-21        (h) <(i)>  Practicing pharmacy without an annual or biennial
  18-22  renewal certificate for the current year, as provided by this Act,
  18-23  shall have the same effect and be subject to all penalties of
  18-24  practicing pharmacy without a license.
  18-25        (i) <(j)>  A license to practice pharmacy or annual or
  18-26  biennial renewal certificate issued by the board may not be
  18-27  duplicated in any manner except as expressly provided by this Act.
   19-1  The board may in its discretion issue duplicate copies of either
   19-2  the license to practice pharmacy or the annual or biennial renewal
   19-3  certificate on request from the holder and on payment of a fee as
   19-4  determined by the board.
   19-5        SECTION 15.  Section 24A, Texas Pharmacy Act (Article
   19-6  4542a-1, Vernon's Texas Civil Statutes), is amended to read as
   19-7  follows:
   19-8        Sec. 24A.  MANDATORY CONTINUING EDUCATION REQUIREMENTS.
   19-9  (a)  To renew a license to practice pharmacy, a licensee must
  19-10  demonstrate to the satisfaction of the board completion of the
  19-11  requirement for continuing professional education <as required by
  19-12  this section.  Each licensee shall execute a certified statement at
  19-13  the time of renewal attesting that the licensee has satisfied the
  19-14  continuing education requirement>.
  19-15        (b)  <The continuing education requirement may be met either
  19-16  by completing continuing education programs approved by the board
  19-17  or by taking and passing a standardized pharmacy examination
  19-18  approved by the board.  A licensee who elects to take the
  19-19  examination must pay the examination fee assessed by the board
  19-20  under Section 39 of this Act.>
  19-21        <(c)  The board shall adopt rules relating to the approval of
  19-22  continuing education programs and providers.  In adopting the
  19-23  rules, the board may consider providers approved by the American
  19-24  Council on Pharmaceutical Education and programs approved by the
  19-25  Texas Pharmacy Foundation.  The board shall approve home study
  19-26  courses, correspondence courses, or other similar programs.  Each
  19-27  program approved by the board shall issue a certificate of
   20-1  completion to a licensee who completes the program in a
   20-2  satisfactory manner.>
   20-3        <(d)  An applicant who satisfies the continuing education
   20-4  requirement through completion of approved programs must present
   20-5  evidence satisfactory to the board of completion of at least 12
   20-6  hours of continuing education during the preceding license period.
   20-7  A licensee who completes more than 12 hours during the preceding
   20-8  license period may carry forward a maximum of 12 hours for the next
   20-9  license period.>
  20-10        <(e)  Each licensee shall maintain records for three years
  20-11  evidencing completion of the continuing education programs
  20-12  completed by the licensee.  On an audit by the board, a licensee is
  20-13  considered in compliance with the continuing education requirements
  20-14  if the licensee submits to the board:>
  20-15              <(1)  an affidavit stating that the licensee has
  20-16  complied with those requirements; and>
  20-17              <(2)  records evidencing completion of the continuing
  20-18  education programs.>
  20-19        <(f)>  The board shall adopt rules relating to the operation
  20-20  of the mandatory continuing education programs.  In establishing
  20-21  the requirement for continuing education, the board shall consider:
  20-22              (1)  factors that lead to the competent performance of
  20-23  professional duties; and
  20-24              (2)  the continuing education needs of licensees.
  20-25        (c)  The board shall adopt rules relating to the adoption or
  20-26  approval of mandatory continuing education programs and providers
  20-27  and shall adopt rules to evaluate the effectiveness of the programs
   21-1  and a licensee's participation and performance in the programs.
   21-2        (d)  The board by rule may grant an extension to the
   21-3  mandatory continuing education requirements for good cause.
   21-4        (e) <(g)>  The board may adopt rules to exempt persons from
   21-5  all or a portion of the mandatory continuing education requirements
   21-6  <during their initial license period>.
   21-7        SECTION 16.  Subsection (a), Section 24B, Texas Pharmacy Act
   21-8  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   21-9  read as follows:
  21-10        (a)  The board by rule shall adopt a system for the placement
  21-11  on inactive status of a license held by a person who is licensed by
  21-12  the board to practice pharmacy but who is not eligible to renew the
  21-13  license for failure to comply with the mandatory continuing
  21-14  education requirements of Section 24A of this Act and who is not
  21-15  engaged in the practice of pharmacy in this state.  The board may
  21-16  restrict the length of time a license holder may remain on inactive
  21-17  status.
  21-18        SECTION 17.  The Texas Pharmacy Act (Article 4542a-1,
  21-19  Vernon's Texas Civil Statutes) is amended by adding Section 24C to
  21-20  read as follows:
  21-21        Sec. 24C.  TEMPORARY LICENSE.  The board by rule may provide
  21-22  for the issuance of a temporary license.
  21-23        SECTION 18.  Subsection (a), Section 26, Texas Pharmacy Act
  21-24  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  21-25  read as follows:
  21-26        (a)  Grounds for Disciplining a Holder of or Applicant for a
  21-27  Pharmacist License:  The board shall refuse to issue a pharmacist
   22-1  license for failure to meet the requirements of Section 21 or 22 of
   22-2  this Act.  The board may in its discretion refuse to issue or renew
   22-3  a license or may fine, reprimand, revoke, restrict, cancel, retire,
   22-4  or suspend any license granted by the board, and may probate any
   22-5  license suspension if the board finds that the applicant or
   22-6  licensee has:
   22-7              (1)  violated any provision of this Act or any of the
   22-8  rules of the board adopted under this Act;
   22-9              (2)  engaged in unprofessional conduct as that term is
  22-10  defined by the rules of the board;
  22-11              (3)  engaged in gross immorality as that term is
  22-12  defined by the rules of the board;
  22-13              (4)  developed an incapacity of a nature that prevents
  22-14  a pharmacist or applicant from engaging in the practice of pharmacy
  22-15  with reasonable skill, competence, and safety to the public.  In
  22-16  enforcing this subdivision, the board shall, on probable cause,
  22-17  request a pharmacist or applicant to submit to a mental or physical
  22-18  examination by physicians designated by the board.  If the
  22-19  pharmacist or applicant refuses to submit to the examination, the
  22-20  board shall issue an order requiring the pharmacist or applicant to
  22-21  show cause why he will not submit to the examination and shall
  22-22  schedule a hearing on the order within 30 days after notice is
  22-23  served on the pharmacist or applicant.  The pharmacist or applicant
  22-24  shall be notified by either personal service or certified mail with
  22-25  return receipt requested.  At the hearing, the pharmacist or
  22-26  applicant and an <his> attorney are entitled to present any
  22-27  testimony and other evidence to show why the pharmacist or
   23-1  applicant should not be required to submit to the examination.
   23-2  After the hearing, the board shall issue an order either requiring
   23-3  the pharmacist or applicant to submit to the examination or
   23-4  withdrawing the request for examination;
   23-5              (5)  engaged in any fraud, deceit, or misrepresentation
   23-6  as those words are defined by the rules of the board in the
   23-7  practice of pharmacy or in seeking a license to act as a
   23-8  pharmacist;
   23-9              (6)  been convicted of a felony or a misdemeanor
  23-10  involving moral turpitude by a court of competent jurisdiction;
  23-11              (7)  a drug or alcohol dependency;
  23-12              (8)  failed to keep and maintain records required by
  23-13  this Act or failed to keep and maintain complete and accurate
  23-14  records of purchases and disposals of drugs listed in the
  23-15  Controlled Substances Act or the Dangerous Drug Act;
  23-16              (9)  violated any provision of the Controlled
  23-17  Substances Act or Dangerous Drug Act or a rule relating to those
  23-18  acts or any provision of Sections 485.031-485.035, Health and
  23-19  Safety Code, or a rule adopted under Section 485.011, Health and
  23-20  Safety Code;
  23-21              (10)  aided or abetted an unlicensed individual to
  23-22  engage in the practice of pharmacy if the pharmacist knew or
  23-23  reasonably should have known that the individual was unlicensed at
  23-24  the time;
  23-25              (11)  refused an entry into any pharmacy for any
  23-26  inspection authorized by this Act if the pharmacist had received
  23-27  notification from which the pharmacist knew or reasonably should
   24-1  have known that the attempted inspection was authorized;
   24-2              (12)  violated the pharmacy or drug laws or rules of
   24-3  this state or any other state or of the United States;
   24-4              (13)  been negligent in the practice of pharmacy;
   24-5              (14)  failed to submit to an examination after hearing
   24-6  and being ordered to do so by the board pursuant to Subdivision (4)
   24-7  of this subsection;
   24-8              (15)  dispensed prescription drugs while acting outside
   24-9  the usual course and scope of professional practice; or
  24-10              (16)  had a license to practice pharmacy issued by
  24-11  another state canceled, revoked, surrendered, or suspended for
  24-12  conduct substantially equivalent to conduct described in
  24-13  Subdivisions (1) through (15) of this subsection.  A certified copy
  24-14  of the record of the state taking action as set out above shall be
  24-15  conclusive evidence of the action taken by such state.
  24-16        SECTION 19.  Subsections (a) and (b), Sections 26A, Texas
  24-17  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
  24-18  amended to read as follows:
  24-19        (a)  On the entry of an initial order against a person
  24-20  licensed by the board to practice pharmacy, the board may refuse to
  24-21  issue a license to an applicant or suspend the person's license.
  24-22  On the person's final conviction, the board may revoke the person's
  24-23  license.
  24-24        (b)  On the entry of an initial order against an applicant
  24-25  for a pharmacy license or a person who has been issued a license or
  24-26  renewal license for a pharmacy under this Act, or against a
  24-27  managing officer of the licensee or applicant if the licensee or
   25-1  applicant is an association, joint-stock company, partnership, or
   25-2  corporation, the board may refuse to issue the license or may
   25-3  suspend the license.  On final conviction, the board may revoke the
   25-4  license.
   25-5        SECTION 20.  Subsection (a), Section 26B, Texas Pharmacy Act
   25-6  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   25-7  read as follows:
   25-8        (a)  The board may in its discretion refuse to issue or renew
   25-9  a license or may fine or reprimand any licensee or revoke,
  25-10  restrict, cancel, or suspend any license granted by the board, if
  25-11  the board finds that an applicant or licensee has:
  25-12              (1)  dispensed a drug, quantity, or strength of drug
  25-13  other than that which is ordered for the patient by a practitioner
  25-14  or labeled a prescription with incorrect directions for use;
  25-15              (2)  violated any of the following provisions of this
  25-16  Act:
  25-17                    (A)  Section 29(a), (b)(5), or (c)(5);
  25-18                    (B)  Section 30(i) or (j); or
  25-19                    (C)  Section 32(a);
  25-20              (3)  failed to comply with the following requirements
  25-21  unless compliance would violate the pharmacy or drug laws or rules
  25-22  in the state in which the pharmacy is located:
  25-23                    (A)  Section 481.074 or 481.075, Health and
  25-24  Safety Code;
  25-25                    (B)  Texas substitution requirements regarding:
  25-26                          (i)  the practitioner's directions relative
  25-27  to generic substitution;
   26-1                          (ii)  the patient's right to refuse generic
   26-2  substitution; or
   26-3                          (iii)  notification to the patient of the
   26-4  patient's right to refuse substitution; <or>
   26-5                    (C)  board rules relating to the provision of
   26-6  drug information to the patient or patient's agent in written form
   26-7  or by telephone; or
   26-8                    (D)  board rules adopted pursuant to Section
   26-9  16(a) of this Act and determined by the board to be applicable
  26-10  pursuant to Section 16(d) of this Act; or
  26-11              (4)  engaged in conduct which caused serious bodily
  26-12  injury to a Texas resident.
  26-13        SECTION 21.  Subsection (d), Section 27A, Texas Pharmacy Act
  26-14  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  26-15  read as follows:
  26-16        (d)  The records and proceedings of the board, its authorized
  26-17  agents, or any pharmaceutical organization committee as set out in
  26-18  Subsections (a) and (b) of this section shall be confidential and
  26-19  are not considered open records for the purposes of Chapter 424,
  26-20  Acts of the 63rd Legislature, Regular Session, 1973, as amended
  26-21  (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
  26-22  however, the board may disclose this confidential information only:
  26-23              (1)  in a disciplinary hearing before the board or in a
  26-24  subsequent trial or appeal of a board action or order;
  26-25              (2)  to the pharmacist licensing or disciplinary
  26-26  authorities of other jurisdictions; <or>
  26-27              (3)  pursuant to an order of a court of competent
   27-1  jurisdiction; or
   27-2              (4)  if the licensee is subject to a restriction on the
   27-3  licensee's conduct of the practice of pharmacy as a result of a
   27-4  substance abuse problem.
   27-5        SECTION 22.  Subsection (a), Section 28, Texas Pharmacy Act
   27-6  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   27-7  read as follows:
   27-8        (a)  On the finding of the existence of grounds for
   27-9  discipline of any person holding a license or seeking a license or
  27-10  a renewal license under this Act, the board may impose one or more
  27-11  of the following penalties:
  27-12              (1)  suspension of the offender's license;
  27-13              (2)  revocation of the offender's license;
  27-14              (3)  restriction of the offender's license to prohibit
  27-15  the offender from performing certain acts or from engaging in the
  27-16  practice of pharmacy or operating a pharmacy in a particular manner
  27-17  for a term and under conditions to be determined by the board;
  27-18              (4)  imposition of an administrative penalty under
  27-19  Section 28B of this Act <a fine not to exceed $1,000 for each
  27-20  offense involving diversion of controlled substances or a fine not
  27-21  to exceed $250 for any other offense>;
  27-22              (5)  refusal to issue or renew the offender's license;
  27-23              (6)  placement of the offender's license on probation
  27-24  and supervision by the board for a period to be determined by the
  27-25  board and imposition of a requirement that the practitioner:
  27-26                    (A)  report regularly to the board on matters
  27-27  that are the basis of the probation;
   28-1                    (B)  limit practice to the areas prescribed by
   28-2  the board; or
   28-3                    (C)  continue or review professional education
   28-4  until the practitioner attains a degree of skill satisfactory to
   28-5  the board in those areas that are the basis of the probation;
   28-6              (7)  reprimand;
   28-7              (8)  cancellation of the offender's license; <or>
   28-8              (9)  retirement of the offender's license as provided
   28-9  by board rule; or
  28-10              (10)  imposition of a civil penalty that does not
  28-11  exceed $1,000 a day and that may be collected in a suit initiated
  28-12  by the board.
  28-13        SECTION 23.  The Texas Pharmacy Act (Article 4542a-1,
  28-14  Vernon's Texas Civil Statutes) is amended by adding Section 28A to
  28-15  read as follows:
  28-16        Sec. 28A.  TEMPORARY SUSPENSION OF LICENSE.  If the majority
  28-17  of the board or a three-member committee of board members
  28-18  designated by the board determines from the evidence or information
  28-19  presented to it that a pharmacist by continuation in practice would
  28-20  constitute a continuing threat to the public welfare, the board or
  28-21  the three-member committee shall temporarily suspend the license of
  28-22  the pharmacist.  The license may be temporarily suspended without
  28-23  notice or hearing if, at the time the suspension is ordered, a
  28-24  hearing before the board on whether disciplinary proceedings under
  28-25  this Act should be initiated against the license holder is
  28-26  scheduled to be held not later than the 14th day after the date of
  28-27  the suspension.  A second hearing on the suspended license shall be
   29-1  held by the State Office of Administrative Hearings not later than
   29-2  the 60th day after the date of the suspension.  If the second
   29-3  hearing is not held in the time required by this subsection, the
   29-4  suspended license is automatically reinstated.
   29-5        SECTION 24.  The Texas Pharmacy Act (Article 4542a-1,
   29-6  Vernon's Texas Civil Statutes) is amended by adding Section 28B to
   29-7  read as follows:
   29-8        Sec. 28B.  ADMINISTRATIVE PENALTY.  (a)  The board may impose
   29-9  an administrative penalty against a person licensed or regulated
  29-10  under this Act who violates this Act or a rule or order adopted
  29-11  under this Act.
  29-12        (b)  The penalty for a violation involving the diversion of
  29-13  controlled substances may be in an amount not to exceed $5,000.
  29-14  The penalty for other violations may be in an amount not to exceed
  29-15  $2,500.  Each day a violation continues or occurs is a separate
  29-16  violation for purposes of imposing a penalty.
  29-17        (c)  The amount of the penalty shall be based on:
  29-18              (1)  the seriousness of the violation, including the
  29-19  nature, circumstances, extent, and gravity of any prohibited acts,
  29-20  and the hazard or potential hazard created to the health, safety,
  29-21  or economic welfare of the public;
  29-22              (2)  the economic harm to property or the environment
  29-23  caused by the violation;
  29-24              (3)  the history of previous violations;
  29-25              (4)  the amount necessary to deter future violations;
  29-26              (5)  efforts to correct the violation; and
  29-27              (6)  any other matter that justice may require.
   30-1        (d)  An executive director who determines that a violation
   30-2  has occurred may issue to the board a report that states the facts
   30-3  on which the determination is based and the director's
   30-4  recommendation on the imposition of a penalty, including a
   30-5  recommendation on the amount of the penalty.
   30-6        (e)  Within 14 days after the date the report is issued, the
   30-7  executive director shall give written notice of the report to the
   30-8  person.  The notice may be given by certified mail.  The notice
   30-9  must include a brief summary of the alleged violation and a
  30-10  statement of the amount of the recommended penalty and must inform
  30-11  the person that the person has a right to a hearing on the
  30-12  occurrence of the violation, the amount of the penalty, or both the
  30-13  occurrence of the violation and the amount of the penalty.
  30-14        (f)  Within 20 days after the date the person receives the
  30-15  notice, the person in writing may accept the determination and
  30-16  recommended penalty of the executive director or may make a written
  30-17  request for a hearing on the occurrence of the violation, the
  30-18  amount of the penalty, or both the occurrence of the violation and
  30-19  the amount of the penalty.
  30-20        (g)  If the person accepts the determination and recommended
  30-21  penalty of the executive director, the board by order shall approve
  30-22  the determination and impose the recommended penalty.
  30-23        (h)  If the person requests a hearing or fails to respond
  30-24  timely to the notice, the executive director shall set a hearing
  30-25  and give notice of the hearing to the person.  The hearing shall be
  30-26  held by an administrative law judge of the State Office of
  30-27  Administrative Hearings.  The administrative law judge shall make
   31-1  findings of fact and conclusions of law and promptly issue to the
   31-2  board a proposal for a decision about the occurrence of the
   31-3  violation and the amount of a proposed penalty.  Based on the
   31-4  findings of fact, conclusions of law, and proposal for a decision,
   31-5  the board by order may find that a violation has occurred and
   31-6  impose a penalty or may find that no violation occurred.
   31-7        (i)  The notice of the board's order given to the person
   31-8  under the Administrative Procedure and Texas Register Act (Article
   31-9  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
  31-10  amendments must include a statement of the right of the person to
  31-11  judicial review of the order.
  31-12        (j)  Within 30 days after the date the board's order is final
  31-13  as provided by Section 16(c), Administrative Procedure and Texas
  31-14  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
  31-15  its subsequent amendments, the person shall:
  31-16              (1)  pay the amount of the penalty;
  31-17              (2)  pay the amount of the penalty and file a petition
  31-18  for judicial review contesting the occurrence of the violation, the
  31-19  amount of the penalty, or both the occurrence of the violation and
  31-20  the amount of the penalty; or
  31-21              (3)  without paying the amount of the penalty, file a
  31-22  petition for judicial review contesting the occurrence of the
  31-23  violation, the amount of the penalty, or both the occurrence of the
  31-24  violation and the amount of the penalty.
  31-25        (k)  Within the 30-day period, a person who acts under
  31-26  Subsection (j)(3) of this section may:
  31-27              (1)  stay enforcement of the penalty by:
   32-1                    (A)  paying the amount of the penalty to the
   32-2  court for placement in an escrow account; or
   32-3                    (B)  giving to the court a supersedeas bond
   32-4  approved by the court for the amount of the penalty and that is
   32-5  effective until all judicial review of the board's order is final;
   32-6  or
   32-7              (2)  request the court to stay enforcement of the
   32-8  penalty by:
   32-9                    (A)  filing with the court a sworn affidavit of
  32-10  the person stating that the person is financially unable to pay the
  32-11  amount of the penalty and is financially unable to give the
  32-12  supersedeas bond; and
  32-13                    (B)  giving a copy of the affidavit to the
  32-14  executive director by certified mail.
  32-15        (l)  An executive director who receives a copy of an
  32-16  affidavit under Subsection (k)(2) of this section may file with the
  32-17  court, within five days after the date the copy is received, a
  32-18  contest to the affidavit.  The court shall hold a hearing on the
  32-19  facts alleged in the affidavit as soon as practicable and shall
  32-20  stay the enforcement of the penalty on finding that the alleged
  32-21  facts are true.  The person who files an affidavit has the burden
  32-22  of proving that the person is financially unable to pay the amount
  32-23  of the penalty and to give a supersedeas bond.
  32-24        (m)  If the person does not pay the amount of the penalty and
  32-25  the enforcement of the penalty is not stayed, the executive
  32-26  director may refer the matter to the attorney general for
  32-27  collection of the amount of the penalty.
   33-1        (n)  Judicial review of the order of the board:
   33-2              (1)  is instituted by filing a petition as provided by
   33-3  Section 19, Administrative Procedure and Texas Register Act
   33-4  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   33-5  subsequent amendments; and
   33-6              (2)  is under the substantial evidence rule.
   33-7        (o)  If the court sustains the occurrence of the violation,
   33-8  the court may uphold or reduce the amount of the penalty and order
   33-9  the person to pay the full or reduced amount of the penalty.  If
  33-10  the court does not sustain the occurrence of the violation, the
  33-11  court shall order that no penalty is owed.
  33-12        (p)  When the judgment of the court becomes final, the court
  33-13  shall proceed under this subsection.  If the person paid the amount
  33-14  of the penalty and if that amount is reduced or is not upheld by
  33-15  the court, the court shall order that the appropriate amount plus
  33-16  accrued interest be remitted to the person.  The rate of the
  33-17  interest is the rate charged on loans to depository institutions by
  33-18  the New York Federal Reserve Bank, and the interest shall be paid
  33-19  for the period beginning on the date the penalty was paid and
  33-20  ending on the date the penalty is remitted.  If the person gave a
  33-21  supersedeas bond and if the amount of the penalty is not upheld by
  33-22  the court, the court shall order the release of the bond.  If the
  33-23  person gave a supersedeas bond and if the amount of the penalty is
  33-24  reduced, the court shall order the release of the bond after the
  33-25  person pays the amount.
  33-26        (q)  A penalty collected under this section shall be remitted
  33-27  to the comptroller for deposit in the general revenue fund.
   34-1        (r)  All proceedings under this section are subject to the
   34-2  Administrative Procedure and Texas Register Act (Article 6252-13a,
   34-3  Vernon's Texas Civil Statutes) and its subsequent amendments.
   34-4        SECTION 25.  Section 29, Texas Pharmacy Act (Article 4542a-1,
   34-5  Vernon's Texas Civil Statutes), is amended by adding Subsection (h)
   34-6  to read as follows:
   34-7        (h)  A pharmacy shall retain prescription records for four
   34-8  years.
   34-9        SECTION 26.  Section 33, Texas Pharmacy Act (Article 4542a-1,
  34-10  Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
  34-11  to read as follows:
  34-12        (e)  A practitioner may not issue a prescription to be
  34-13  dispensed unless the prescription contains the following typed,
  34-14  printed, or stamped information:
  34-15              (1)  the practitioner's name, address, and phone
  34-16  number; and
  34-17              (2)  the practitioner's required identification number.
  34-18        SECTION 27.  Section 39, Texas Pharmacy Act (Article 4542a-1,
  34-19  Vernon's Texas Civil Statutes), is amended to read as follows:
  34-20        Sec. 39.  Fees.  The board by rule shall establish reasonable
  34-21  and necessary fees so that the fees, in the aggregate, produce
  34-22  sufficient revenue to cover the cost of administering this Act.
  34-23  The board may not set a fee for an amount less than the amount of
  34-24  that fee on September 1, 1993. <may not charge more than the
  34-25  following fees for the performance of the following duties and
  34-26  functions to carry out the purposes of this Act:>
  34-27              <(1)  for processing application and administration of
   35-1  examination for licensure--$250;>
   35-2              <(2)  for processing application for licensure by
   35-3  reciprocity--$250 (plus the applicable license fee);>
   35-4              <(3)  for processing application and issuance of a
   35-5  pharmacist license or renewal of a pharmacist license--$100 a year;>
   35-6              <(4)  for processing of an application and issuance of
   35-7  a pharmacy license or renewal of a pharmacy license--$150; and>
   35-8              <(5)  for processing an application and the issuance or
   35-9  renewal of a pharmacist license for a pharmacist who has been
  35-10  licensed by the board for at least 50 years and who does not
  35-11  actively practice pharmacy--$75 a year.>
  35-12        SECTION 28.  Subdivision (41), Section 481.002, Health and
  35-13  Safety Code, is amended to read as follows:
  35-14              (41)  "Prescription" means an order by a practitioner
  35-15  to a pharmacist for a controlled substance for a particular patient
  35-16  that specifies:
  35-17                    (A)  the date of issue;
  35-18                    (B)  the name and address of the patient or, if
  35-19  the controlled substance is prescribed for an animal, the species
  35-20  of the animal and the name and address of its owner;
  35-21                    (C)  the name and quantity of the controlled
  35-22  substance prescribed with the quantity shown numerically followed
  35-23  by the number written as a word if the order is written or, if the
  35-24  order is communicated orally or telephonically, with the quantity
  35-25  given by the practitioner and transcribed by the pharmacist
  35-26  numerically; <and>
  35-27                    (D)  directions for the use of the drug; and
   36-1                    (E)  the legibly printed or stamped name,
   36-2  address, Federal Drug Enforcement Administration registration
   36-3  number, and telephone number of the practitioner at the
   36-4  practitioner's usual place of business.
   36-5        SECTION 29.  Subsection (i), Section 481.074, Health and
   36-6  Safety Code, is amended to read as follows:
   36-7        (i)  A prescription for a controlled substance must show:
   36-8              (1)  the quantity of the substance prescribed:
   36-9                    (A)  written as a word if the prescription is
  36-10  written; or
  36-11                    (B)  if the prescription is communicated orally
  36-12  or telephonically, as transcribed by the receiving pharmacist;
  36-13              (2)  the date of issue;
  36-14              (3)  the name and address of the patient or, if the
  36-15  controlled substance is prescribed for an animal, the species of
  36-16  the animal and the name and address of its owner;
  36-17              (4)  the name and strength of the controlled substance
  36-18  prescribed;
  36-19              (5)  the directions for use of the controlled
  36-20  substance; and
  36-21              (6)  the legibly stamped or printed name, address,
  36-22  <and> Federal Drug Enforcement Administration registration number,
  36-23  and telephone number of the practitioner at the practitioner's
  36-24  usual place of business.
  36-25        SECTION 30.  Subdivision (13), Section 483.001, Health and
  36-26  Safety Code, is amended to read as follows:
  36-27              (13)  "Prescription" means an order from a
   37-1  practitioner, or an agent of the practitioner designated in writing
   37-2  as authorized to communicate prescriptions, or an order made in
   37-3  accordance with Section 3.06(d)(5), Medical Practice Act (Article
   37-4  4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
   37-5  dangerous drug to be dispensed that states:
   37-6                    (A)  the date of the order's issue;
   37-7                    (B)  the name and address of the patient;
   37-8                    (C)  if the drug is prescribed for an animal, the
   37-9  species of the animal;
  37-10                    (D)  the name and quantity of the drug
  37-11  prescribed; <and>
  37-12                    (E)  the directions for the use of the drug; and
  37-13                    (F)  the legibly printed or stamped name,
  37-14  address, Federal Drug Enforcement Administration registration
  37-15  number, and telephone number of the practitioner at the
  37-16  practitioner's usual place of business.
  37-17        SECTION 31.  (a)  The changes in law made by this Act
  37-18  relating to an administrative or civil penalty that may be imposed
  37-19  apply only to a violation of the Texas Pharmacy Act (Article
  37-20  4542a-1, Vernon's Texas Civil Statutes) or a rule adopted by the
  37-21  Texas State Board of Pharmacy that occurs on or after the effective
  37-22  date of this Act.  A violation occurs on or after the effective
  37-23  date of this Act only if each element of the violation occurs on or
  37-24  after that date.   A violation that occurs before the effective
  37-25  date of this Act is governed by the law in effect on the date the
  37-26  violation occurred, and the former law is continued in effect for
  37-27  this purpose.
   38-1        (b)(1)  As the terms of members of the Texas State Board of
   38-2  Pharmacy expire or as a vacancy occurs on the board, the governor
   38-3  shall appoint members to the board to achieve, as soon as possible,
   38-4  the membership plan prescribed for the board by this Act.
   38-5              (2)  As the terms of members expire or as a vacancy
   38-6  occurs on the board, the governor shall appoint members to the
   38-7  board and designate members to serve terms so that every two years
   38-8  the terms of one public member and two licensed pharmacist members
   38-9  expire on the same date.
  38-10        (c)  The changes in law made by this Act in the
  38-11  qualifications of members of the Texas State Board of Pharmacy do
  38-12  not affect the entitlement of a member appointed before September
  38-13  1, 1993, to continue to hold office on the board for the term for
  38-14  which the member was appointed.  The changes in the qualifications
  38-15  apply only to a member appointed on or after September 1, 1993.
  38-16        SECTION 32.  Section 17(v), Texas Pharmacy Act (Article
  38-17  4542a-1, Vernon's Texas Civil Statutes), is repealed.
  38-18        SECTION 33.  This Act takes effect September 1, 1993.
  38-19        SECTION 34.  The importance of this legislation and the
  38-20  crowded condition of the calendars in both houses create an
  38-21  emergency and an imperative public necessity that the
  38-22  constitutional rule requiring bills to be read on three several
  38-23  days in each house be suspended, and this rule is hereby suspended.