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.