S.B. No. 621
                                        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 underuse in the board work force of all persons for
   7-12  whom federal or state guidelines encourage a more equitable
   7-13  balance; and
   7-14              (4)  reasonable methods to appropriately address those
   7-15  areas of significant underuse.
   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 amending Subsection
   7-27  (b) and adding Subsections (c) and (d) to read as follows:
    8-1        (b)  If the board determines it necessary in order to protect
    8-2  the health and welfare of the citizens of this state, it may make a
    8-3  rule concerning the operation of a licensed pharmacy located in
    8-4  this state also applicable to pharmacies licensed by the board that
    8-5  are located in another state.
    8-6        (c)  The board may not adopt rules restricting competitive
    8-7  bidding or advertising by a person regulated by the board except to
    8-8  prohibit false, misleading, or deceptive practices by the person.
    8-9        (d)  The board may not include in its rules to prohibit
   8-10  false, misleading, or deceptive practices by a person regulated by
   8-11  the board a rule that:
   8-12              (1)  restricts the use of any medium for advertising;
   8-13              (2)  restricts the person's personal appearance or use
   8-14  of the person's voice in an advertisement;
   8-15              (3)  relates to the size or duration of an
   8-16  advertisement by the person; or
   8-17              (4)  restricts the person's advertisement under a trade
   8-18  name.
   8-19        SECTION 9.  Subsection (f), Section 17, Texas Pharmacy Act
   8-20  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   8-21  read as follows:
   8-22        (f)  The board shall submit whatever reports are required by
   8-23  state law.  The <Before December 1 of each year, the> board shall
   8-24  file annually with the governor and the presiding officer of each
   8-25  house of the legislature a complete and detailed <a> written report
   8-26  accounting <with the legislature and the governor in which the
   8-27  board accounts> for all funds received and disbursed by the board
    9-1  during the preceding fiscal year.  The annual report must be in the
    9-2  form and reported in the time provided by the General
    9-3  Appropriations Act.
    9-4        SECTION 10.  Subsection (m), Section 17, Texas Pharmacy Act
    9-5  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
    9-6  read as follows:
    9-7        (m)  The board shall maintain an office where permanent
    9-8  records are kept and preserve a record of its proceedings.  <The
    9-9  board shall maintain an information file about each complaint filed
   9-10  with the board relating to a licensee.  If a written complaint is
   9-11  filed with the board relating to a licensee, the board shall, at
   9-12  least semiannually, notify the parties to the complaint as to the
   9-13  status of the complaint until final disposition, unless the
   9-14  notification would jeopardize an undercover investigation.>
   9-15        SECTION 11.  The Texas Pharmacy Act (Article 4542a-1,
   9-16  Vernon's Texas Civil Statutes) is amended by adding Sections 17A,
   9-17  17B, 17C, 17D, and 17E to read as follows:
   9-18        Sec. 17A.  PUBLIC INTEREST INFORMATION AND COMPLAINTS; PUBLIC
   9-19  ACCESS TO BOARD FUNCTIONS.  (a)  The board shall prepare
   9-20  information of public interest describing the functions of the
   9-21  board and the board's procedures by which complaints are filed with
   9-22  and resolved by the board.  The board shall make the information
   9-23  available to the public and appropriate state agencies.
   9-24        (b)  The board by rule shall establish methods by which
   9-25  consumers and service recipients are notified of the name, mailing
   9-26  address, and telephone number of the board for the purpose of
   9-27  directing complaints to the board.  The board may provide for that
   10-1  notification:
   10-2              (1)  on each registration form, application, or written
   10-3  contract for services of an individual or entity regulated under
   10-4  this Act;
   10-5              (2)  on a sign prominently displayed in the place of
   10-6  business of each individual or entity regulated under this Act; or
   10-7              (3)  in a bill for service provided by an individual or
   10-8  entity regulated under this Act.
   10-9        (c)  The board shall list along with its regular telephone
  10-10  number the toll-free telephone number that may be called to present
  10-11  a complaint about a health professional if the toll-free number is
  10-12  established under other state law.
  10-13        (d)  The board shall develop and implement policies that
  10-14  provide the public with a reasonable opportunity to appear before
  10-15  the board and to speak on any issue under the jurisdiction of the
  10-16  board.
  10-17        (e)  The board shall prepare and maintain a written plan that
  10-18  describes how a person who does not speak English can be provided
  10-19  reasonable access to the board's programs.  The board shall also
  10-20  comply with federal and state laws for program and facility
  10-21  accessibility.
  10-22        Sec. 17B.  RECORDS OF COMPLAINTS.  (a)  The board shall keep
  10-23  an information file about each complaint filed with the board.  The
  10-24  board's information file shall be kept current and contain a record
  10-25  for each complaint of:
  10-26              (1)  all persons contacted in relation to the
  10-27  complaint;
   11-1              (2)  a summary of the results of the review or
   11-2  investigation of the complaint;
   11-3              (3)  for complaints for which the board took no action,
   11-4  an explanation of the reason the complaint was closed without
   11-5  action; and
   11-6              (4)  other relevant information.
   11-7        (b)  If a written complaint is filed with the board that the
   11-8  board has authority to resolve, the board, at least as frequently
   11-9  as every four months and until final disposition of the complaint,
  11-10  shall notify the parties to the complaint of the status of the
  11-11  complaint unless the notice would jeopardize an undercover
  11-12  investigation.
  11-13        (c)  The board by rule shall adopt a form for the filing of
  11-14  complaints made to the board.  The board shall notify the
  11-15  complainant not later than the 30th day after the date of receipt
  11-16  by the board of the complaint and shall provide an estimated time
  11-17  for resolution of the complaint.
  11-18        (d)  The board shall provide reasonable assistance to a
  11-19  person who wishes to file a complaint with the board.
  11-20        Sec. 17C.  COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The
  11-21  board shall adopt policies and procedures concerning the
  11-22  investigation of a complaint filed with the board.  The policies
  11-23  and procedures adopted under this subsection shall:
  11-24              (1)  determine the seriousness of the complaint;
  11-25              (2)  ensure that complaints are not closed without
  11-26  appropriate consideration;
  11-27              (3)  ensure that a letter is sent to the person who
   12-1  filed the complaint explaining the action taken on the complaint;
   12-2              (4)  ensure that the person who filed the complaint has
   12-3  an opportunity to explain the allegations made in the complaint;
   12-4  and
   12-5              (5)  prescribe guidelines concerning the types of
   12-6  complaints that require the use of a private investigator and the
   12-7  procedures for the board to obtain the services of a private
   12-8  investigator.
   12-9        (b)  The board shall dispose of all complaints in a timely
  12-10  manner.  The board shall establish a time line for conducting each
  12-11  phase of a complaint that is under the control of the board.  The
  12-12  time line shall be kept in the information file for the complaint.
  12-13  A change in the time line must be noted in the complaint
  12-14  information file.
  12-15        (c)  The executive director of the board shall notify the
  12-16  board of the number of complaints that extend beyond two years
  12-17  after the date of the filing of the complaint.  The executive
  12-18  director shall provide the board with an explanation of the reason
  12-19  that the complaints have not been resolved.  The notice and
  12-20  explanation shall be provided to the board periodically at
  12-21  regularly scheduled board meetings.
  12-22        Sec. 17D.  INFORMAL PROCEEDINGS.  (a)  The board by rule
  12-23  shall adopt procedures governing:
  12-24              (1)  informal disposition of a contested case under
  12-25  Section 13(e), Administrative Procedure and Texas Register Act
  12-26  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
  12-27  subsequent amendments; and
   13-1              (2)  informal proceedings held in compliance with
   13-2  Section 18(c), Administrative Procedure and Texas Register Act
   13-3  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   13-4  subsequent amendments.
   13-5        (b)  Rules adopted under this section must provide the
   13-6  complainant, when applicable and permitted by law, and the licensee
   13-7  an opportunity to be heard and must require the presence of an
   13-8  attorney to advise the board or the board's employees.  The
   13-9  attorney must be a member of the board's legal staff, if the board
  13-10  has a legal staff.  If the board does not have a legal staff, the
  13-11  attorney must be an employee of the office of the attorney general.
  13-12        Sec. 17E.  MONITORING OF LICENSE HOLDER.  The board shall
  13-13  develop policies and procedures for monitoring license holders'
  13-14  compliance with the requirements of this Act.  Policies and
  13-15  procedures adopted under this section shall include procedures for
  13-16  monitoring a license holder who is ordered by the board to perform
  13-17  certain acts to ascertain that the license holder performs the
  13-18  required acts and to identify and monitor license holders who
  13-19  represent a risk to the public.
  13-20        SECTION 12.  Subsections (c) and (d), Section 21, Texas
  13-21  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
  13-22  amended to read as follows:
  13-23        (c)  The examinations for licensing required under this
  13-24  section shall be given by the board at least two times during the
  13-25  fiscal year of the state.  The board shall determine the content
  13-26  and subject matter of each examination and determine which persons
  13-27  have successfully passed the examination.  An applicant who fails
   14-1  the examination may retake the examination two additional times.
   14-2  Before an applicant who has failed the examination three times is
   14-3  allowed to retake the examination, the applicant shall provide
   14-4  documentation from a college of pharmacy that additional college
   14-5  course work in subject areas the applicant failed in the
   14-6  examination has been successfully completed.  If requested in
   14-7  writing by a person who fails the licensing examination
   14-8  administered under this Act <so requests in writing>, the board
   14-9  shall furnish the person with an analysis of the person's <his>
  14-10  performance on the examination.
  14-11        (d)  The examination shall be prepared to measure the
  14-12  competence of the applicant to engage in the practice of pharmacy.
  14-13  The board may employ and cooperate with any organization or
  14-14  consultant in the preparation and grading of an appropriate
  14-15  examination, but shall retain the sole discretion and
  14-16  responsibility of determining which applicants have successfully
  14-17  passed the examination.  A written examination prepared or offered
  14-18  by the board, including standardized national examinations, shall
  14-19  be validated by an independent testing professional.
  14-20        SECTION 13.  The Texas Pharmacy Act (Article 4542a-1,
  14-21  Vernon's Texas Civil Statutes) is amended by adding Section 22A to
  14-22  read as follows:
  14-23        Sec. 22A.  PROVISIONAL LICENSE.  (a)  The State Board of
  14-24  Pharmacy may, in the discretion of the board in each instance, on
  14-25  payment by the applicant for registration of a fee set by the
  14-26  board, grant a provisional license to an applicant who presents
  14-27  proof of current licensure in another state, the District of
   15-1  Columbia, or a territory of the United States that maintains
   15-2  professional standards considered by the board to be equivalent to
   15-3  those set forth in this Act.  An applicant for the provisional
   15-4  license under this section must:
   15-5              (1)  be licensed in good standing as a pharmacist in
   15-6  another state, the District of Columbia, or a territory of the
   15-7  United States that has licensing requirements that are
   15-8  substantially equivalent to the requirements of this Act;
   15-9              (2)  have passed a national or other examination
  15-10  recognized by the board relating to pharmacy; and
  15-11              (3)  be sponsored by a person licensed by the board
  15-12  under this Act with whom the provisional license holder may
  15-13  practice under this section.
  15-14        (b)  An applicant for a provisional license may be excused
  15-15  from Subsection (a)(3) of this section if the board determines that
  15-16  compliance with that section constitutes a hardship to the
  15-17  applicant.
  15-18        (c)  A provisional license is valid until the date the board
  15-19  approves or denies the provisional license holder's application for
  15-20  a license.  The board shall issue a license under this Act to the
  15-21  holder of a provisional license under this section if:
  15-22              (1)  the provisional license holder passes the
  15-23  jurisprudence examination required by this Act;
  15-24              (2)  the board verifies that the provisional license
  15-25  holder has the academic and experience requirements for a license
  15-26  under this Act; and
  15-27              (3)  the provisional license holder satisfies any other
   16-1  license requirements under this Act.
   16-2        (d)  The board must complete the processing of a provisional
   16-3  license holder's application for a license not later than the 180th
   16-4  day after the date the provisional license is issued or at the time
   16-5  licenses are issued following the successful completion of the
   16-6  examination, whichever is later.
   16-7        SECTION 14.  Section 24, Texas Pharmacy Act (Article 4542a-1,
   16-8  Vernon's Texas Civil Statutes), is amended to read as follows:
   16-9        Sec. 24.  License renewal.  (a)  A license to practice
  16-10  pharmacy expires on December 31 of each year or of every other
  16-11  year, as determined by the board.  To be eligible to renew the
  16-12  license, a licensee must comply with the continuing education
  16-13  requirements prescribed by the board.
  16-14        (b)  The license may be renewed for one or two years, as
  16-15  determined by the board, by payment of a renewal fee as determined
  16-16  by the board and by filing a completed application, given under
  16-17  oath, with the board for a license renewal certificate before the
  16-18  expiration date of the license.  The application must state that
  16-19  the mandatory <number of hours of> continuing education
  16-20  requirements have been completed by the licensee during the
  16-21  preceding license period.
  16-22        (c)  On timely receipt of the completed application, the
  16-23  renewal fee, and proof of completion of the continuing education
  16-24  requirements prescribed by Section 24A of this Act, the board shall
  16-25  issue a license renewal certificate bearing the pharmacist's
  16-26  license number, the period for which it is renewed, and other
  16-27  information the board determines necessary.
   17-1        (d)  If a person's license has been expired for <not more
   17-2  than> 90 days or less, the person may renew the license by paying
   17-3  to the board the required renewal fee and a fee that is one-half of
   17-4  the examination fee for the license.
   17-5        (e)  If a person's license has been expired for more than 90
   17-6  days but less than one year <two years>, the person may renew the
   17-7  license by paying to the board all unpaid renewal fees and a fee
   17-8  that is equal to the examination fee for the license.
   17-9        (f)  If a person's license has been expired for one year <two
  17-10  years> or more, the person may not renew the license <and must
  17-11  apply for a new license>.  The board may issue a new license to
  17-12  that person if the person has not had a license granted by any
  17-13  other state suspended, revoked, canceled, surrendered, or otherwise
  17-14  restricted for any reason, and if the person:
  17-15              (1)  was licensed as a pharmacist in this state, moved
  17-16  to another state, is licensed in the other state and has been
  17-17  engaged in the practice of pharmacy in the other state for the two
  17-18  years preceding the application for a new license, pays to the
  17-19  board an amount equal to the examination fee for the license, and
  17-20  passes the Texas Drug and Pharmacy Jurisprudence examination;
  17-21              (2)  was licensed as a pharmacist in this state, pays
  17-22  to the board an amount equal to the examination fee for the
  17-23  license, successfully passes the Texas Drug and Pharmacy
  17-24  Jurisprudence examination and any other examination required by the
  17-25  board, and, in addition to or in lieu of passing the examination as
  17-26  required by the board, participates in continuing pharmacy
  17-27  education and practices under conditions set by the board; or
   18-1              (3)  submits to reexamination and complies with the
   18-2  requirements and procedures for obtaining an original license.
   18-3        (g)  At least 30 days before the expiration of a person's
   18-4  license, the board shall send written notice of the impending
   18-5  license expiration to the person at the licensee's last known
   18-6  address according to the records of the board <The board shall
   18-7  notify each licensee in writing of the licensee's impending license
   18-8  expiration at least 60 days before the expiration date and again
   18-9  two weeks before the expiration date.  The notice must state the
  18-10  number of continuing education hours the licensee must complete to
  18-11  be eligible to renew the license.  If the licensee exceeded the
  18-12  number of hours of continuing education required for renewal during
  18-13  the preceding license period, the notice must include the number of
  18-14  hours the licensee may carry forward.>
  18-15        <(h)  The board shall specify by rule the procedures to be
  18-16  followed and the fees to be paid for renewal and penalties for late
  18-17  renewal of licenses>.
  18-18        (h) <(i)>  Practicing pharmacy without an annual or biennial
  18-19  renewal certificate for the current year, as provided by this Act,
  18-20  shall have the same effect and be subject to all penalties of
  18-21  practicing pharmacy without a license.
  18-22        (i) <(j)>  A license to practice pharmacy or annual or
  18-23  biennial renewal certificate issued by the board may not be
  18-24  duplicated in any manner except as expressly provided by this Act.
  18-25  The board may in its discretion issue duplicate copies of either
  18-26  the license to practice pharmacy or the annual or biennial renewal
  18-27  certificate on request from the holder and on payment of a fee as
   19-1  determined by the board.
   19-2        SECTION 15.  Section 24A, Texas Pharmacy Act (Article
   19-3  4542a-1, Vernon's Texas Civil Statutes), is amended to read as
   19-4  follows:
   19-5        Sec. 24A.  MANDATORY CONTINUING EDUCATION REQUIREMENTS.
   19-6  (a)  To renew a license to practice pharmacy, a licensee must
   19-7  demonstrate to the satisfaction of the board completion of the
   19-8  requirement for continuing professional education as required by
   19-9  this section.  Each licensee shall execute a certified statement at
  19-10  the time of renewal attesting that the licensee has satisfied the
  19-11  continuing education requirement.
  19-12        (b)  The continuing education requirement may be met either
  19-13  by completing continuing education programs approved by the board
  19-14  or by taking and passing a standardized pharmacy examination
  19-15  approved by the board.  A licensee who elects to take the
  19-16  examination must pay the examination fee assessed by the board
  19-17  under Section 39 of this Act.
  19-18        (c)  The board shall adopt rules relating to the approval of
  19-19  continuing education programs and providers.  In adopting the
  19-20  rules, the board may consider providers approved by the American
  19-21  Council on Pharmaceutical Education and programs approved by the
  19-22  Texas Pharmacy Foundation.  The board shall approve home study
  19-23  courses, correspondence courses, or other similar programs.  Each
  19-24  program approved by the board shall issue a certificate of
  19-25  completion to a licensee who completes the program in a
  19-26  satisfactory manner.
  19-27        (d)  An applicant who satisfies the continuing education
   20-1  requirement through completion of approved programs must present
   20-2  evidence satisfactory to the board of completion of at least 12
   20-3  hours of continuing education during the preceding license period.
   20-4  A licensee who completes more than 12 hours during the preceding
   20-5  license period may carry forward a maximum of 12 hours for the next
   20-6  license period.
   20-7        (e)  Each licensee shall maintain records for three years
   20-8  evidencing completion of the continuing education programs
   20-9  completed by the licensee.  On an audit by the board, a licensee is
  20-10  considered in compliance with the continuing education requirements
  20-11  if the licensee submits to the board:
  20-12              (1)  an affidavit stating that the licensee has
  20-13  complied with those requirements; and
  20-14              (2)  records evidencing completion of the continuing
  20-15  education programs.
  20-16        (f)  The board shall adopt rules relating to the operation of
  20-17  the mandatory continuing education programs.  In establishing the
  20-18  requirement for continuing education, the board shall consider:
  20-19              (1)  factors that lead to the competent performance of
  20-20  professional duties; and
  20-21              (2)  the continuing education needs of licensees.
  20-22        (g)  The board shall adopt rules relating to the adoption or
  20-23  approval of mandatory continuing education programs and providers
  20-24  and shall adopt rules to evaluate the effectiveness of the programs
  20-25  and a licensee's participation and performance in the programs.
  20-26        (h)  The board by rule may grant an extension to the
  20-27  mandatory continuing education requirements for good cause.
   21-1        (i) <(g)>  The board may adopt rules to exempt persons from
   21-2  all or a portion of the mandatory continuing education requirements
   21-3  <during their initial license period>.
   21-4        SECTION 16.  Subsection (a), Section 24B, Texas Pharmacy Act
   21-5  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   21-6  read as follows:
   21-7        (a)  The board by rule shall adopt a system for the placement
   21-8  on inactive status of a license held by a person who is licensed by
   21-9  the board to practice pharmacy but who is not eligible to renew the
  21-10  license for failure to comply with the mandatory continuing
  21-11  education requirements of Section 24A of this Act and who is not
  21-12  engaged in the practice of pharmacy in this state.  The board may
  21-13  restrict the length of time a license holder may remain on inactive
  21-14  status.
  21-15        SECTION 17.  The Texas Pharmacy Act (Article 4542a-1,
  21-16  Vernon's Texas Civil Statutes) is amended by adding Section 24C to
  21-17  read as follows:
  21-18        Sec. 24C.  TEMPORARY LICENSE.  The board by rule may provide
  21-19  for the issuance of a temporary license.
  21-20        SECTION 18.  Section 26, Texas Pharmacy Act (Article 4542a-1,
  21-21  Vernon's Texas Civil Statutes), is amended to read as follows:
  21-22        Sec. 26.  GROUNDS FOR DISCIPLINE.  (a)  Grounds for
  21-23  Disciplining a Holder of or Applicant for a Pharmacist License:
  21-24  The board shall refuse to issue a pharmacist license for failure to
  21-25  meet the requirements of Section 21 or 22 of this Act.  The board
  21-26  may in its discretion refuse to issue or renew a license or may
  21-27  assess a penalty <fine>, reprimand, revoke, restrict, cancel,
   22-1  retire, or suspend any license granted by the board, and may
   22-2  probate any license suspension if the board finds that the
   22-3  applicant or licensee has:
   22-4              (1)  violated any provision of this Act or any of the
   22-5  rules of the board adopted under this Act;
   22-6              (2)  engaged in unprofessional conduct as that term is
   22-7  defined by the rules of the board;
   22-8              (3)  engaged in gross immorality as that term is
   22-9  defined by the rules of the board;
  22-10              (4)  developed an incapacity of a nature that prevents
  22-11  a pharmacist or applicant from engaging in the practice of pharmacy
  22-12  with reasonable skill, competence, and safety to the public.  In
  22-13  enforcing this subdivision, the board shall, on probable cause,
  22-14  request a pharmacist or applicant to submit to a mental or physical
  22-15  examination by physicians designated by the board.  If the
  22-16  pharmacist or applicant refuses to submit to the examination, the
  22-17  board shall issue an order requiring the pharmacist or applicant to
  22-18  show cause why he will not submit to the examination and shall
  22-19  schedule a hearing on the order within 30 days after notice is
  22-20  served on the pharmacist or applicant.  The pharmacist or applicant
  22-21  shall be notified by either personal service or certified mail with
  22-22  return receipt requested.  At the hearing, the pharmacist or
  22-23  applicant and an <his> attorney are entitled to present any
  22-24  testimony and other evidence to show why the pharmacist or
  22-25  applicant should not be required to submit to the examination.
  22-26  After the hearing, the board shall issue an order either requiring
  22-27  the pharmacist or applicant to submit to the examination or
   23-1  withdrawing the request for examination;
   23-2              (5)  engaged in any fraud, deceit, or misrepresentation
   23-3  as those words are defined by the rules of the board in the
   23-4  practice of pharmacy or in seeking a license to act as a
   23-5  pharmacist;
   23-6              (6)  been convicted of a felony or a misdemeanor
   23-7  involving moral turpitude by a court of competent jurisdiction;
   23-8              (7)  a drug or alcohol dependency;
   23-9              (8)  failed to keep and maintain records required by
  23-10  this Act or failed to keep and maintain complete and accurate
  23-11  records of purchases and disposals of drugs listed in the
  23-12  Controlled Substances Act or the Dangerous Drug Act;
  23-13              (9)  violated any provision of the Controlled
  23-14  Substances Act or Dangerous Drug Act or a rule relating to those
  23-15  acts or any provision of Sections 485.031-485.035, Health and
  23-16  Safety Code, or a rule adopted under Section 485.011, Health and
  23-17  Safety Code;
  23-18              (10)  aided or abetted an unlicensed individual to
  23-19  engage in the practice of pharmacy if the pharmacist knew or
  23-20  reasonably should have known that the individual was unlicensed at
  23-21  the time;
  23-22              (11)  refused an entry into any pharmacy for any
  23-23  inspection authorized by this Act if the pharmacist had received
  23-24  notification from which the pharmacist knew or reasonably should
  23-25  have known that the attempted inspection was authorized;
  23-26              (12)  violated the pharmacy or drug laws or rules of
  23-27  this state or any other state or of the United States;
   24-1              (13)  been negligent in the practice of pharmacy;
   24-2              (14)  failed to submit to an examination after hearing
   24-3  and being ordered to do so by the board pursuant to Subdivision (4)
   24-4  of this subsection;
   24-5              (15)  dispensed prescription drugs while acting outside
   24-6  the usual course and scope of professional practice; or
   24-7              (16)  had a license to practice pharmacy issued by
   24-8  another state canceled, revoked, surrendered, or suspended for
   24-9  conduct substantially equivalent to conduct described in
  24-10  Subdivisions (1) through (15) of this subsection.  A certified copy
  24-11  of the record of the state taking action as set out above shall be
  24-12  conclusive evidence of the action taken by such state.
  24-13        (b)  Grounds for Disciplining a Holder of a Pharmacy License:
  24-14  The board shall refuse to issue a pharmacy license for failure to
  24-15  meet the requirements of Section 29 or 30 of this Act.  The board
  24-16  may in its discretion refuse to issue or renew a license or may
  24-17  assess a penalty <fine>, reprimand, revoke, restrict, cancel, or
  24-18  suspend any license granted by the board, and may probate any
  24-19  license suspension if the board finds that the applicant or
  24-20  licensee has:
  24-21              (1)  been convicted of a felony or a misdemeanor
  24-22  involving moral turpitude, or if the applicant or licensee is an
  24-23  association, joint stock company, partnership, or corporation, that
  24-24  a managing officer has been convicted of a felony or a misdemeanor
  24-25  involving moral turpitude under the law of this state, another
  24-26  state, or the United States;
  24-27              (2)  advertised any prescription drugs or devices in a
   25-1  deceitful, misleading, or fraudulent manner;
   25-2              (3)  violated any provision of this Act or any rule
   25-3  adopted under this Act or that any owner or employee of a pharmacy
   25-4  has violated any provision of this Act or any rule adopted under
   25-5  this Act;
   25-6              (4)  sold without legal authorization prescription
   25-7  drugs or devices to persons other than:
   25-8                    (A)  a pharmacy licensed by the board;
   25-9                    (B)  a practitioner;
  25-10                    (C)  a person who procures prescription drugs or
  25-11  devices for the purpose of lawful research, teaching, or testing,
  25-12  and not for resale;
  25-13                    (D)  a manufacturer or wholesaler registered with
  25-14  the commissioner of health as required by Chapter 431, Health and
  25-15  Safety Code; or
  25-16                    (E)  a carrier or warehouseman;
  25-17              (5)  allowed an employee who is not a licensed
  25-18  pharmacist to practice pharmacy;
  25-19              (6)  sold adulterated or misbranded prescription or
  25-20  nonprescription drugs;
  25-21              (7)  failed to engage in or ceased to engage in the
  25-22  business described in the application for a license;
  25-23              (8)  failed to keep and maintain records as required by
  25-24  this Act, the Controlled Substances Act, Dangerous Drug Act, or
  25-25  rules adopted under this Act or the Dangerous Drug Act; or
  25-26              (9)  failed to establish and maintain effective
  25-27  controls against diversion of prescription drugs into other than
   26-1  legitimate medical, scientific, or industrial channels as provided
   26-2  by this Act or other state or federal laws or rules.
   26-3        SECTION 19.  Subsections (a) and (b), Section 26A, Texas
   26-4  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
   26-5  amended to read as follows:
   26-6        (a)  On the entry of an initial order against a person
   26-7  licensed by the board to practice pharmacy, the board may refuse to
   26-8  issue a license to an applicant or suspend the person's license.
   26-9  On the person's final conviction, the board may revoke the person's
  26-10  license.
  26-11        (b)  On the entry of an initial order against an applicant
  26-12  for a pharmacy license or a person who has been issued a license or
  26-13  renewal license for a pharmacy under this Act, or against a
  26-14  managing officer of the licensee or applicant if the licensee or
  26-15  applicant is an association, joint-stock company, partnership, or
  26-16  corporation, the board may refuse to issue the license or may
  26-17  suspend the license.  On final conviction, the board may revoke the
  26-18  license.
  26-19        SECTION 20.  Subsection (a), Section 26B, Texas Pharmacy Act
  26-20  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  26-21  read as follows:
  26-22        (a)  The board may in its discretion refuse to issue or renew
  26-23  a license or may assess a penalty <fine> or reprimand any licensee
  26-24  or revoke, restrict, cancel, or suspend any license granted by the
  26-25  board, if the board finds that an applicant or licensee has:
  26-26              (1)  dispensed a drug, quantity, or strength of drug
  26-27  other than that which is ordered for the patient by a practitioner
   27-1  or labeled a prescription with incorrect directions for use;
   27-2              (2)  violated any of the following provisions of this
   27-3  Act:
   27-4                    (A)  Section 29(a), (b)(5), or (c)(5);
   27-5                    (B)  Section 30(i) or (j); or
   27-6                    (C)  Section 32(a);
   27-7              (3)  failed to comply with the following requirements
   27-8  unless compliance would violate the pharmacy or drug laws or rules
   27-9  in the state in which the pharmacy is located:
  27-10                    (A)  Section 481.074 or 481.075, Health and
  27-11  Safety Code;
  27-12                    (B)  Texas substitution requirements regarding:
  27-13                          (i)  the practitioner's directions relative
  27-14  to generic substitution;
  27-15                          (ii)  the patient's right to refuse generic
  27-16  substitution; or
  27-17                          (iii)  notification to the patient of the
  27-18  patient's right to refuse substitution; <or>
  27-19                    (C)  board rules relating to the provision of
  27-20  drug information to the patient or patient's agent in written form
  27-21  or by telephone; or
  27-22                    (D)  board rules adopted pursuant to Section
  27-23  16(a) of this Act and determined by the board to be applicable
  27-24  pursuant to Section 16(b) of this Act; or
  27-25              (4)  engaged in conduct which caused serious bodily
  27-26  injury to a Texas resident.
  27-27        SECTION 21.  Section 27A, Texas Pharmacy Act (Article
   28-1  4542a-1, Vernon's Texas Civil Statutes), is amended by amending
   28-2  Subsection (d) and adding Subsection (j) to read as follows:
   28-3        (d)  The records and proceedings of the board, its authorized
   28-4  agents, or any pharmaceutical organization committee as set out in
   28-5  Subsections (a) and (b) of this section shall be confidential and
   28-6  are not considered open records for the purposes of Chapter 424,
   28-7  Acts of the 63rd Legislature, Regular Session, 1973, as amended
   28-8  (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
   28-9  however, the board may disclose this confidential information only:
  28-10              (1)  in a disciplinary hearing before the board or in a
  28-11  subsequent trial or appeal of a board action or order;
  28-12              (2)  to the pharmacist licensing or disciplinary
  28-13  authorities of other jurisdictions; <or>
  28-14              (3)  pursuant to an order of a court of competent
  28-15  jurisdiction; or
  28-16              (4)  pursuant to Subsection (j) of this section.
  28-17        (j)  The board may disclose that the license of a pharmacist
  28-18  who is the subject of an order of the board that is confidential
  28-19  under Subsection (d) of this section is suspended, revoked,
  28-20  canceled, restricted, or retired or that the pharmacist is in any
  28-21  manner otherwise limited in the practice of pharmacy.   The board
  28-22  may not disclose the nature of the impairment or other information
  28-23  that resulted in the board's action.
  28-24        SECTION 22.  Subsection (a), Section 28, Texas Pharmacy Act
  28-25  (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
  28-26  read as follows:
  28-27        (a)  On the finding of the existence of grounds for
   29-1  discipline of any person holding a license or seeking a license or
   29-2  a renewal license under this Act, the board may impose one or more
   29-3  of the following penalties:
   29-4              (1)  suspension of the offender's license;
   29-5              (2)  revocation of the offender's license;
   29-6              (3)  restriction of the offender's license to prohibit
   29-7  the offender from performing certain acts or from engaging in the
   29-8  practice of pharmacy or operating a pharmacy in a particular manner
   29-9  for a term and under conditions to be determined by the board;
  29-10              (4)  imposition of an administrative penalty under
  29-11  Section 28B of this Act <a fine not to exceed $1,000 for each
  29-12  offense involving diversion of controlled substances or a fine not
  29-13  to exceed $250 for any other offense>;
  29-14              (5)  refusal to issue or renew the offender's license;
  29-15              (6)  placement of the offender's license on probation
  29-16  and supervision by the board for a period to be determined by the
  29-17  board and imposition of a requirement that the licensee:
  29-18                    (A)  report regularly to the board on matters
  29-19  that are the basis of the probation;
  29-20                    (B)  limit practice to the areas prescribed by
  29-21  the board; or
  29-22                    (C)  continue or review professional education
  29-23  until the licensee attains a degree of skill satisfactory to the
  29-24  board in those areas that are the basis of the probation;
  29-25              (7)  reprimand;
  29-26              (8)  cancellation of the offender's license; <or>
  29-27              (9)  retirement of the offender's license as provided
   30-1  by board rule; or
   30-2              (10)  imposition of a civil penalty that does not
   30-3  exceed $1,000 for each day of each violation and that may be
   30-4  collected in a suit initiated by the board.
   30-5        SECTION 23.  The Texas Pharmacy Act (Article 4542a-1,
   30-6  Vernon's Texas Civil Statutes) is amended by adding Section 28A to
   30-7  read as follows:
   30-8        Sec. 28A.  TEMPORARY SUSPENSION OF LICENSE.  If the majority
   30-9  of the board determines from the evidence or information presented
  30-10  to it that a pharmacist by continuation in practice would
  30-11  constitute a continuing threat to the public welfare, the board
  30-12  shall temporarily suspend the license of the pharmacist.  The
  30-13  license may be temporarily suspended without notice or hearing if,
  30-14  at the time the suspension is ordered, a hearing before the board
  30-15  on whether disciplinary proceedings under this Act should be
  30-16  initiated against the license holder is scheduled to be held not
  30-17  later than the 14th day after the date of the suspension.  A second
  30-18  hearing on the suspended license shall be held by the State Office
  30-19  of Administrative Hearings not later than the 60th day after the
  30-20  date of the suspension.  If the second hearing is not held in the
  30-21  time required by this subsection, the suspended license is
  30-22  automatically reinstated.
  30-23        SECTION 24.  The Texas Pharmacy Act (Article 4542a-1,
  30-24  Vernon's Texas Civil Statutes) is amended by adding Section 28B to
  30-25  read as follows:
  30-26        Sec. 28B.  ADMINISTRATIVE PENALTY.  (a)  The board may impose
  30-27  an administrative penalty against a person licensed or regulated
   31-1  under this Act who violates this Act or a rule or order adopted
   31-2  under this Act.
   31-3        (b)  The penalty for a violation involving the diversion of
   31-4  controlled substances may be in an amount not to exceed $5,000 for
   31-5  each day of each violation.  The penalty for other violations may
   31-6  be in an amount not to exceed $2,500 for each day of each
   31-7  violation.  Each day a violation continues or occurs is a separate
   31-8  violation for purposes of imposing a penalty.
   31-9        (c)  The amount of the penalty, to the extent possible, shall
  31-10  be based on:
  31-11              (1)  the seriousness of the violation, including the
  31-12  nature, circumstances, extent, and gravity of any prohibited acts,
  31-13  and the hazard or potential hazard created to the health, safety,
  31-14  or economic welfare of the public;
  31-15              (2)  the economic harm to property or the environment
  31-16  caused by the violation;
  31-17              (3)  the history of previous violations;
  31-18              (4)  the amount necessary to deter future violations;
  31-19              (5)  efforts to correct the violation; and
  31-20              (6)  any other matter that justice may require.
  31-21        (d)  The executive director, or staff designee, on
  31-22  determination that a violation has occurred may issue to the board
  31-23  a report that states the facts on which the determination is based
  31-24  and the director's recommendation on the imposition of a penalty,
  31-25  including a recommendation on the amount of the penalty.
  31-26        (e)  Within 14 days after the date the report is approved by
  31-27  the board and issued, the executive director shall give written
   32-1  notice of the report to the person.  The notice may be given by
   32-2  certified mail.  The notice must include a brief summary of the
   32-3  alleged violation and a statement of the amount of the recommended
   32-4  penalty and must inform the person that the person has a right to a
   32-5  hearing on the occurrence of the violation, the amount of the
   32-6  penalty, or both the occurrence of the violation and the amount of
   32-7  the penalty.
   32-8        (f)  Within 20 days after the date the person receives the
   32-9  notice, the person in writing may accept the determination and
  32-10  recommended penalty of the executive director or may make a written
  32-11  request for a hearing on the occurrence of the violation, the
  32-12  amount of the penalty, or both the occurrence of the violation and
  32-13  the amount of the penalty.
  32-14        (g)  If the person accepts the determination and recommended
  32-15  penalty of the executive director, the board by order shall approve
  32-16  the determination and impose the recommended penalty.
  32-17        (h)  If the person requests a hearing or fails to respond
  32-18  timely to the notice, the executive director shall set a hearing
  32-19  and give notice of the hearing to the person.  The hearing shall be
  32-20  held by the board, except that a hearing involving the diversion of
  32-21  controlled substances shall be held by an administrative law judge
  32-22  of the State Office of Administrative Hearings.  The board or the
  32-23  administrative law judge, as appropriate, shall make findings of
  32-24  fact and conclusions of law and, if the hearing is held by an
  32-25  administrative law judge, the judge promptly shall issue to the
  32-26  board a proposal for a decision about the occurrence of the
  32-27  violation and the amount of a proposed penalty.  Based on the
   33-1  findings of fact, conclusions of law, and any proposal for a
   33-2  decision, the board by order may find that a violation has occurred
   33-3  and impose a penalty or may find that no violation occurred.
   33-4        (i)  The notice of the board's order given to the person
   33-5  under the Administrative Procedure and Texas Register Act (Article
   33-6  6252-13a, Vernon's Texas Civil Statutes) and its subsequent
   33-7  amendments must include a statement of the right of the person to
   33-8  judicial review of the order.
   33-9        (j)  Within 30 days after the date the board's order is final
  33-10  as provided by Section 16(c), Administrative Procedure and Texas
  33-11  Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
  33-12  its subsequent amendments, the person shall:
  33-13              (1)  pay the amount of the penalty;
  33-14              (2)  pay the amount of the penalty and file a petition
  33-15  for judicial review contesting the occurrence of the violation, the
  33-16  amount of the penalty, or both the occurrence of the violation and
  33-17  the amount of the penalty; or
  33-18              (3)  without paying the amount of the penalty, file a
  33-19  petition for judicial review contesting the occurrence of the
  33-20  violation, the amount of the penalty, or both the occurrence of the
  33-21  violation and the amount of the penalty.
  33-22        (k)  Within the 30-day period, a person who acts under
  33-23  Subsection (j)(3) of this section may:
  33-24              (1)  stay enforcement of the penalty by:
  33-25                    (A)  paying the amount of the penalty to the
  33-26  court for placement in an escrow account; or
  33-27                    (B)  giving to the court a supersedeas bond
   34-1  approved by the court for the amount of the penalty and that is
   34-2  effective until all judicial review of the board's order is final;
   34-3  or
   34-4              (2)  request the court to stay enforcement of the
   34-5  penalty by:
   34-6                    (A)  filing with the court a sworn affidavit of
   34-7  the person stating that the person is financially unable to pay the
   34-8  amount of the penalty and is financially unable to give the
   34-9  supersedeas bond; and
  34-10                    (B)  giving a copy of the affidavit to the
  34-11  executive director by certified mail.
  34-12        (l)  An executive director who receives a copy of an
  34-13  affidavit under Subsection (k)(2) of this section may file with the
  34-14  court, within five days after the date the copy is received, a
  34-15  contest to the affidavit.  The court shall hold a hearing on the
  34-16  facts alleged in the affidavit as soon as practicable and shall
  34-17  stay the enforcement of the penalty on finding that the alleged
  34-18  facts are true.  The person who files an affidavit has the burden
  34-19  of proving that the person is financially unable to pay the amount
  34-20  of the penalty and to give a supersedeas bond.
  34-21        (m)  If the person does not pay the amount of the penalty and
  34-22  the enforcement of the penalty is not stayed, the executive
  34-23  director may refer the matter to the attorney general for
  34-24  collection of the amount of the penalty.
  34-25        (n)  Judicial review of the order of the board:
  34-26              (1)  is instituted by filing a petition as provided by
  34-27  Section 19, Administrative Procedure and Texas Register Act
   35-1  (Article 6252-13a, Vernon's Texas Civil Statutes), and its
   35-2  subsequent amendments; and
   35-3              (2)  is under the substantial evidence rule.
   35-4        (o)  If the court sustains the occurrence of the violation,
   35-5  the court may uphold or reduce the amount of the penalty and order
   35-6  the person to pay the full or reduced amount of the penalty.  If
   35-7  the court does not sustain the occurrence of the violation, the
   35-8  court shall order that no penalty is owed.
   35-9        (p)  When the judgment of the court becomes final, the court
  35-10  shall proceed under this subsection.  If the person paid the amount
  35-11  of the penalty and if that amount is reduced or is not upheld by
  35-12  the court, the court shall order that the appropriate amount plus
  35-13  accrued interest be remitted to the person.  The rate of the
  35-14  interest is the rate charged on loans to depository institutions by
  35-15  the New York Federal Reserve Bank, and the interest shall be paid
  35-16  for the period beginning on the date the penalty was paid and
  35-17  ending on the date the penalty is remitted.  If the person gave a
  35-18  supersedeas bond and if the amount of the penalty is not upheld by
  35-19  the court, the court shall order the release of the bond.  If the
  35-20  person gave a supersedeas bond and if the amount of the penalty is
  35-21  reduced, the court shall order the release of the bond after the
  35-22  person pays the amount.
  35-23        (q)  A penalty collected under this section shall be remitted
  35-24  to the comptroller for deposit in the general revenue fund.
  35-25        (r)  All proceedings under this section are subject to the
  35-26  Administrative Procedure and Texas Register Act (Article 6252-13a,
  35-27  Vernon's Texas Civil Statutes) and its subsequent amendments.
   36-1        (s)  This section does not limit the ability of the board to
   36-2  impose an administrative penalty pursuant to a consent order
   36-3  entered in accordance with board rules and requirements of Section
   36-4  17D of this Act.
   36-5        SECTION 25.  Section 33, Texas Pharmacy Act (Article 4542a-1,
   36-6  Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
   36-7  to read as follows:
   36-8        (e)  A practitioner may not issue a prescription to be
   36-9  dispensed unless the prescription contains the following typed,
  36-10  printed, or stamped information:
  36-11              (1)  the practitioner's name, address, and phone
  36-12  number; and
  36-13              (2)  the practitioner's required identification number.
  36-14        SECTION 26.  Section 39, Texas Pharmacy Act (Article 4542a-1,
  36-15  Vernon's Texas Civil Statutes), is amended to read as follows:
  36-16        Sec. 39.  Fees.  The board by rule shall establish reasonable
  36-17  and necessary fees so that the fees, in the aggregate, produce
  36-18  sufficient revenue to cover the cost of administering this Act <may
  36-19  not charge more than the following fees for the performance of the
  36-20  following duties and functions to carry out the purposes of this
  36-21  Act:>
  36-22              <(1)  for processing application and administration of
  36-23  examination for licensure--$250;>
  36-24              <(2)  for processing application for licensure by
  36-25  reciprocity--$250 (plus the applicable license fee);>
  36-26              <(3)  for processing application and issuance of a
  36-27  pharmacist license or renewal of a pharmacist license--$100 a year;>
   37-1              <(4)  for processing of an application and issuance of
   37-2  a pharmacy license or renewal of a pharmacy license--$150; and>
   37-3              <(5)  for processing an application and the issuance or
   37-4  renewal of a pharmacist license for a pharmacist who has been
   37-5  licensed by the board for at least 50 years and who does not
   37-6  actively practice pharmacy--$75 a year>.
   37-7        SECTION 27.  Subdivision (41), Section 481.002, Health and
   37-8  Safety Code, is amended to read as follows:
   37-9              (41)  "Prescription" means an order by a practitioner
  37-10  to a pharmacist for a controlled substance for a particular patient
  37-11  that specifies:
  37-12                    (A)  the date of issue;
  37-13                    (B)  the name and address of the patient or, if
  37-14  the controlled substance is prescribed for an animal, the species
  37-15  of the animal and the name and address of its owner;
  37-16                    (C)  the name and quantity of the controlled
  37-17  substance prescribed with the quantity shown numerically followed
  37-18  by the number written as a word if the order is written or, if the
  37-19  order is communicated orally or telephonically, with the quantity
  37-20  given by the practitioner and transcribed by the pharmacist
  37-21  numerically; <and>
  37-22                    (D)  directions for the use of the drug; and
  37-23                    (E)  the legibly printed or stamped name,
  37-24  address, Federal Drug Enforcement Administration registration
  37-25  number, and telephone number of the practitioner at the
  37-26  practitioner's usual place of business.
  37-27        SECTION 28.  Subsection (i), Section 481.074, Health and
   38-1  Safety Code, is amended to read as follows:
   38-2        (i)  A prescription for a controlled substance must show:
   38-3              (1)  the quantity of the substance prescribed:
   38-4                    (A)  written as a word if the prescription is
   38-5  written; or
   38-6                    (B)  if the prescription is communicated orally
   38-7  or telephonically, as transcribed by the receiving pharmacist;
   38-8              (2)  the date of issue;
   38-9              (3)  the name and address of the patient or, if the
  38-10  controlled substance is prescribed for an animal, the species of
  38-11  the animal and the name and address of its owner;
  38-12              (4)  the name and strength of the controlled substance
  38-13  prescribed;
  38-14              (5)  the directions for use of the controlled
  38-15  substance; and
  38-16              (6)  the legibly stamped or printed name, address,
  38-17  <and> Federal Drug Enforcement Administration registration number,
  38-18  and telephone number of the practitioner at the practitioner's
  38-19  usual place of business.
  38-20        SECTION 29.  Subdivision (13), Section 483.001, Health and
  38-21  Safety Code, is amended to read as follows:
  38-22              (13)  "Prescription" means an order from a
  38-23  practitioner, or an agent of the practitioner designated in writing
  38-24  as authorized to communicate prescriptions, or an order made in
  38-25  accordance with Section 3.06(d)(5), Medical Practice Act (Article
  38-26  4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
  38-27  dangerous drug to be dispensed that states:
   39-1                    (A)  the date of the order's issue;
   39-2                    (B)  the name and address of the patient;
   39-3                    (C)  if the drug is prescribed for an animal, the
   39-4  species of the animal;
   39-5                    (D)  the name and quantity of the drug
   39-6  prescribed; <and>
   39-7                    (E)  the directions for the use of the drug; and
   39-8                    (F)  the legibly printed or stamped name,
   39-9  address, Federal Drug Enforcement Administration registration
  39-10  number, and telephone number of the practitioner at the
  39-11  practitioner's usual place of business.
  39-12        SECTION 30.  Under the provisions of Subsection (h), Section
  39-13  403.094, Government Code, the dedication of the fund of the Texas
  39-14  State Board of Pharmacy is reenacted, and the fund is established
  39-15  as a special account within the state treasury.
  39-16        SECTION 31.  (a)  The changes in law made by this Act
  39-17  relating to an administrative or civil penalty that may be imposed
  39-18  apply only to a violation of the Texas Pharmacy Act (Article
  39-19  4542a-1, Vernon's Texas Civil Statutes) or a rule adopted by the
  39-20  Texas State Board of Pharmacy that occurs on or after the effective
  39-21  date of this Act.  A violation occurs on or after the effective
  39-22  date of this Act only if each element of the violation occurs on or
  39-23  after that date.   A violation that occurs before the effective
  39-24  date of this Act is governed by the law in effect on the date the
  39-25  violation occurred, and the former law is continued in effect for
  39-26  this purpose.
  39-27        (b)(1)  As the terms of members of the Texas State Board of
   40-1  Pharmacy expire or as a vacancy occurs on the board, the governor
   40-2  shall appoint members to the board to achieve, as soon as possible,
   40-3  the membership plan prescribed for the board by this Act.
   40-4              (2)  As the terms of members expire or as a vacancy
   40-5  occurs on the board, the governor shall appoint members to the
   40-6  board and designate members to serve terms so that every two years
   40-7  the terms of one public member and two licensed pharmacist members
   40-8  expire on the same date.
   40-9        (c)  The changes in law made by this Act in the
  40-10  qualifications of members of the Texas State Board of Pharmacy do
  40-11  not affect the entitlement of a member appointed before September
  40-12  1, 1993, to continue to hold office on the board for the term for
  40-13  which the member was appointed.  The changes in the qualifications
  40-14  apply only to a member appointed on or after September 1, 1993.
  40-15        SECTION 32.  Subsection (v), Section 17, Texas Pharmacy Act
  40-16  (Article 4542a-1, Vernon's Texas Civil Statutes), is repealed.
  40-17        SECTION 33.  This Act takes effect September 1, 1993.
  40-18        SECTION 34.  The importance of this legislation and the
  40-19  crowded condition of the calendars in both houses create an
  40-20  emergency and an imperative public necessity that the
  40-21  constitutional rule requiring bills to be read on three several
  40-22  days in each house be suspended, and this rule is hereby suspended.