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.