1-1 By: Carriker S.B. No. 621
1-2 (In the Senate - Filed March 4, 1993; March 8, 1993, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 26, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 0; April 26, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 621 By: Truan
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the continuation and functions of the Texas State Board
1-22 of Pharmacy and to the regulation of the practice of pharmacy;
1-23 providing penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 3, Texas Pharmacy Act (Article 4542a-1,
1-26 Vernon's Texas Civil Statutes), is amended to read as follows:
1-27 Sec. 3. Sunset provision. The Texas State Board of Pharmacy
1-28 is subject to Chapter 325, Government Code (Texas Sunset Act).
1-29 Unless continued in existence as provided by that chapter, the
1-30 board is abolished and this Act expires September 1, 2005 <1993>.
1-31 SECTION 2. Section 7, Texas Pharmacy Act (Article 4542a-1,
1-32 Vernon's Texas Civil Statutes), is amended to read as follows:
1-33 Sec. 7. Membership. (a) The board consists of nine
1-34 members, six <seven> of whom must be licensed pharmacists and three
1-35 <two> of whom must be representatives of the general public. There
1-36 shall be representation on the board for licensed pharmacists who
1-37 are primarily employed in Class A and Class C pharmacies.
1-38 (b) A person <who is required to register as a lobbyist
1-39 under Chapter 305, Government Code, by virtue of his activities as
1-40 a member of a trade or professional association in the regulated
1-41 profession> may not act as general counsel or serve as a member of
1-42 the board if the person is required to register as a lobbyist under
1-43 Chapter 305, Government Code, and its subsequent amendments,
1-44 because of the person's activities for compensation on behalf of a
1-45 profession related to the operation of the board.
1-46 SECTION 3. Section 8, Texas Pharmacy Act (Article 4542a-1,
1-47 Vernon's Texas Civil Statutes), is amended to read as follows:
1-48 Sec. 8. Qualifications. (a) A licensed pharmacist member
1-49 of the board may not be a salaried faculty member at a college of
1-50 pharmacy and must at the time of his appointment:
1-51 (1) be a resident of this state;
1-52 (2) be licensed for the five years immediately
1-53 preceding appointment and be in good standing to engage in the
1-54 practice of pharmacy in this state; and
1-55 (3) be engaged in the practice of pharmacy in this
1-56 state<; and>
1-57 <(4) not be an officer, employee, or paid consultant
1-58 of a trade association in the regulated industry or be related
1-59 within the second degree by affinity or consanguinity, as
1-60 determined under Article 5996h, Revised Statutes, to a person who
1-61 is an officer, employee, or paid consultant of a trade association
1-62 in the regulated industry>.
1-63 (b) A person is not eligible for appointment as a public
1-64 member of the board if the person or the person's spouse:
1-65 (1) is registered, certified, or licensed by an
1-66 occupational regulatory agency in the field of health care;
1-67 (2) is employed by or participates in the management
1-68 of a <an agency or> business entity or other organization regulated
2-1 by the board or receiving funds from the board <that provides
2-2 health care services or that sells, manufactures, or distributes
2-3 health care supplies or equipment>; <or>
2-4 (3) owns or<,> controls<, or has an interest in>,
2-5 directly or indirectly, more than a 10 percent interest in <of> a
2-6 business entity or other organization regulated by the board or
2-7 receiving funds from the board; or
2-8 (4) uses or receives a substantial amount of tangible
2-9 goods, services, or funds from the board, other than compensation
2-10 or reimbursement authorized by law for board membership,
2-11 attendance, or expenses <that provides health care services or that
2-12 sells, manufactures, or distributes health care supplies or
2-13 equipment>.
2-14 (c) It is a ground for removal from the board if a member:
2-15 (1) does not have at the time of appointment or does
2-16 not maintain during his service on the board the qualifications
2-17 required by Sections 7(a) and (b) of this Act; <Subsection (a) or
2-18 (b) of this section, as appropriate; or>
2-19 (2) violates the prohibition prescribed by Section
2-20 7(b) of this Act or Subsection (a) of this section;
2-21 (3) cannot discharge the member's duties for a
2-22 substantial part of the term for which the member is appointed
2-23 because of illness or disability; or
2-24 (4) is absent from more than half of the regularly
2-25 scheduled board meetings that the member is eligible to attend
2-26 during a calendar year unless the absence is excused by majority
2-27 vote of the board.
2-28 (d) The validity of an action of the board is not affected
2-29 by the fact that it is taken when a ground for removal of a board
2-30 member exists.
2-31 (e) If the executive director has knowledge that a potential
2-32 ground for removal exists, the executive director shall notify the
2-33 president of the board of the ground. The president shall then
2-34 notify the governor that a potential ground for removal exists.
2-35 SECTION 4. Subsection (a), Section 9, Texas Pharmacy Act
2-36 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
2-37 read as follows:
2-38 (a) The governor shall appoint the members of the board with
2-39 the advice and consent of the senate. Appointments to the board
2-40 shall be made without regard to the race, color, disability
2-41 <creed>, sex, religion, age, or national origin of the appointee.
2-42 SECTION 5. Section 12, Texas Pharmacy Act (Article 4542a-1,
2-43 Vernon's Texas Civil Statutes), is amended by amending Subsections
2-44 (c), (d), and (e) and by adding Subsection (f) to read as follows:
2-45 (c) The board shall employ a licensed pharmacist who shall
2-46 serve as a secretary to and be an ex officio member of the board
2-47 without vote to serve as a full-time employee of the board in the
2-48 position of executive director. The executive director shall be
2-49 responsible for the performance of the regular administrative
2-50 functions of the board and other duties as the board may direct.
2-51 The executive director may not perform any discretionary or
2-52 decision-making functions for which the board is solely
2-53 responsible. The board shall develop and implement policies that
2-54 clearly define the respective responsibilities of the board and the
2-55 staff of the board.
2-56 (d) The executive director or the executive director's <his>
2-57 designee shall develop within one year of the effective date of
2-58 this Act an intra-agency career ladder program, one part of which
2-59 shall be the intra-agency posting of all nonentry level positions
2-60 concurrently with <for at least 10 days prior to> any public
2-61 posting.
2-62 (e) The executive director or the executive director's <his>
2-63 designee shall develop <within one year of the effective date of
2-64 this Act> a system of annual performance evaluations <based on
2-65 measurable job tasks>. All <Within two years of the effective date
2-66 of this Act, all> merit pay for board employees <authorized by the
2-67 executive director> must be based on the system established by this
2-68 subsection.
2-69 (f) Each board member shall comply with the board member
2-70 training requirements established by any other state agency that is
3-1 given authority to establish the requirements for the board.
3-2 SECTION 6. Section 15, Texas Pharmacy Act (Article 4542a-1,
3-3 Vernon's Texas Civil Statutes), is amended by amending Subsection
3-4 (c) and by adding Subsections (d), (e), and (f) to read as follows:
3-5 (c) An <employee of the board may not be an> officer,
3-6 employee, or paid consultant of a Texas trade association in the
3-7 field of health care may not be a member or employee of the board
3-8 who is exempt from the state's position classification plan or is
3-9 compensated at or above the amount prescribed by the General
3-10 Appropriations Act for step 1, salary group 17, of the position
3-11 classification salary schedule <regulated industry or be related
3-12 within the second degree by affinity or consanguinity, as
3-13 determined under Article 5996h, Revised Statutes, to a person who
3-14 is an officer, employee, or paid consultant of a trade association
3-15 in the regulated industry>.
3-16 (d) A person who is the spouse of an officer, manager, or
3-17 paid consultant of a Texas trade association in the field of health
3-18 care may not be a board member and may not be a board employee who
3-19 is exempt from the state's position classification plan or is
3-20 compensated at or above the amount prescribed by the General
3-21 Appropriations Act for step 1, salary group 17, of the position
3-22 classification salary schedule.
3-23 (e) For the purposes of this section, a Texas trade
3-24 association is a nonprofit, cooperative, and voluntarily joined
3-25 association of business or professional competitors in this state
3-26 designed to assist its members and its industry or profession in
3-27 dealing with mutual business or professional problems and in
3-28 promoting their common interest.
3-29 (f) The board shall provide to its members and employees, as
3-30 often as necessary, information regarding their qualification for
3-31 office or employment under this Act and their responsibilities
3-32 under applicable laws relating to standards of conduct for state
3-33 officers or employees.
3-34 SECTION 7. The Texas Pharmacy Act (Article 4542a-1, Vernon's
3-35 Texas Civil Statutes) is amended by adding Section 15A to read as
3-36 follows:
3-37 Sec. 15A. EQUAL EMPLOYMENT OPPORTUNITIES. (a) The
3-38 executive director or the executive director's designee shall
3-39 prepare and maintain a written policy statement to assure
3-40 implementation of a program of equal employment opportunity under
3-41 which all personnel transactions are made without regard to race,
3-42 color, disability, sex, religion, age, or national origin. The
3-43 policy statement must include:
3-44 (1) personnel policies, including policies relating to
3-45 recruitment, evaluation, selection, appointment, training, and
3-46 promotion of personnel that are in compliance with requirements of
3-47 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
3-48 Civil Statutes) and its subsequent amendments;
3-49 (2) a comprehensive analysis of the board work force
3-50 that meets federal and state guidelines;
3-51 (3) procedures by which a determination can be made of
3-52 significant underutilization in the board work force of all persons
3-53 for whom federal or state guidelines encourage a more equitable
3-54 balance; and
3-55 (4) reasonable methods to address those areas of
3-56 significant underutilization appropriately.
3-57 (b) A policy statement prepared under Subsection (a) of this
3-58 section must cover an annual period, be updated annually and
3-59 reviewed by the Commission on Human Rights for compliance with
3-60 Subsection (a)(1) of this section, and be filed with the governor's
3-61 office.
3-62 (c) The governor's office shall deliver a biennial report to
3-63 the legislature based on the information received under Subsection
3-64 (b) of this section. The report may be made separately or as a
3-65 part of other biennial reports made to the legislature.
3-66 SECTION 8. Section 16, Texas Pharmacy Act (Article 4542a-1,
3-67 Vernon's Texas Civil Statutes), is amended by adding Subsection (c)
3-68 to read as follows:
3-69 (c) The board may not include in its rules to prohibit
3-70 false, misleading, or deceptive practices by a person regulated by
4-1 the board a rule that:
4-2 (1) restricts the use of any medium for advertising;
4-3 (2) restricts the person's personal appearance or use
4-4 of the person's voice in an advertisement;
4-5 (3) relates to the size or duration of an
4-6 advertisement by the person; or
4-7 (4) restricts the person's advertisement under a trade
4-8 name.
4-9 (d) If the board determines it necessary in order to protect
4-10 the health and welfare of the citizens of this state, it may make a
4-11 rule concerning the operation of a licensed pharmacy located in
4-12 this state also applicable to pharmacies licensed by the board that
4-13 are located in another state.
4-14 SECTION 9. Subsection (f), Section 17, Texas Pharmacy Act
4-15 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
4-16 read as follows:
4-17 (f) The board shall submit whatever reports are required by
4-18 state law. The <Before December 1 of each year, the> board shall
4-19 file annually with the governor and the presiding officer of each
4-20 house of the legislature a complete and detailed <a> written report
4-21 accounting <with the legislature and the governor in which the
4-22 board accounts> for all funds received and disbursed by the board
4-23 during the preceding fiscal year. The annual report must be in the
4-24 form and reported in the time provided by the General
4-25 Appropriations Act.
4-26 SECTION 10. Subsection (m), Section 17, Texas Pharmacy Act
4-27 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
4-28 read as follows:
4-29 (m) The board shall maintain an office where permanent
4-30 records are kept and preserve a record of its proceedings. <The
4-31 board shall maintain an information file about each complaint filed
4-32 with the board relating to a licensee. If a written complaint is
4-33 filed with the board relating to a licensee, the board shall, at
4-34 least semiannually, notify the parties to the complaint as to the
4-35 status of the complaint until final disposition, unless the
4-36 notification would jeopardize an undercover investigation.>
4-37 SECTION 11. The Texas Pharmacy Act (Article 4542a-1,
4-38 Vernon's Texas Civil Statutes) is amended by adding Sections 17A,
4-39 17B, 17C, 17D, and 17E to read as follows:
4-40 Sec. 17A. PUBLIC INTEREST INFORMATION AND COMPLAINTS; PUBLIC
4-41 ACCESS TO BOARD FUNCTIONS. (a) The board shall prepare
4-42 information of public interest describing the functions of the
4-43 board and the board's procedures by which complaints are filed with
4-44 and resolved by the board. The board shall make the information
4-45 available to the public and appropriate state agencies.
4-46 (b) The board by rule shall establish methods by which
4-47 consumers and service recipients are notified of the name, mailing
4-48 address, and telephone number of the board for the purpose of
4-49 directing complaints to the board. The board may provide for that
4-50 notification:
4-51 (1) on each registration form, application, or written
4-52 contract for services of an individual or entity regulated under
4-53 this Act;
4-54 (2) on a sign prominently displayed in the place of
4-55 business of each individual or entity regulated under this Act; or
4-56 (3) in a bill for service provided by an individual or
4-57 entity regulated under this Act.
4-58 (c) The board shall list along with its regular telephone
4-59 number the toll-free telephone number that may be called to present
4-60 a complaint about a health professional if the toll-free number is
4-61 established under other state law.
4-62 (d) The board shall develop and implement policies that
4-63 provide the public with a reasonable opportunity to appear before
4-64 the board and to speak on any issue under the jurisdiction of the
4-65 board.
4-66 (e) The board shall prepare and maintain a written plan that
4-67 describes how a person who does not speak English can be provided
4-68 reasonable access to the board's programs. The board shall also
4-69 comply with federal and state laws for program and facility
4-70 accessibility.
5-1 Sec. 17B. RECORDS OF COMPLAINTS. (a) The board shall keep
5-2 an information file about each complaint filed with the board. The
5-3 board's information file shall be kept current and contain a record
5-4 for each complaint of:
5-5 (1) all persons contacted in relation to the
5-6 complaint;
5-7 (2) a summary of findings made at each step of the
5-8 complaint process;
5-9 (3) an explanation of the legal basis and reason for a
5-10 complaint that is dismissed; and
5-11 (4) other relevant information.
5-12 (b) If a written complaint is filed with the board that the
5-13 board has authority to resolve, the board, at least as frequently
5-14 as quarterly and until final disposition of the complaint, shall
5-15 notify the parties to the complaint of the status of the complaint
5-16 unless the notice would jeopardize an undercover investigation.
5-17 (c) The board by rule shall adopt a form to standardize
5-18 information concerning complaints made to the board. The board by
5-19 rule shall prescribe information to be provided to a person when
5-20 the person files a complaint with the board.
5-21 (d) The board shall provide reasonable assistance to a
5-22 person who wishes to file a complaint with the board.
5-23 Sec. 17C. COMPLAINT INVESTIGATION AND DISPOSITION. (a) The
5-24 board shall adopt rules concerning the investigation of a complaint
5-25 filed with the board. The rules adopted under this subsection
5-26 shall:
5-27 (1) distinguish between categories of complaints;
5-28 (2) ensure that complaints are not dismissed without
5-29 appropriate consideration;
5-30 (3) require that the board be advised of a complaint
5-31 that is dismissed and that a letter be sent to the person who filed
5-32 the complaint explaining the action taken on the dismissed
5-33 complaint;
5-34 (4) ensure that the person who filed the complaint has
5-35 an opportunity to explain the allegations made in the complaint;
5-36 and
5-37 (5) prescribe guidelines concerning the categories of
5-38 complaints that require the use of a private investigator and the
5-39 procedures for the board to obtain the services of a private
5-40 investigator.
5-41 (b) The board shall dispose of all complaints in a timely
5-42 manner. The board shall establish a timeline for conducting each
5-43 phase of a complaint that is under the control of the board not
5-44 later than the 30th day after the date the complaint is received by
5-45 the board. The timeline shall be kept in the information file for
5-46 the complaint and all parties shall be notified of the projected
5-47 time requirements for pursuing the complaint. A change in the
5-48 timeline must be noted in the complaint information file and all
5-49 parties to the complaint must be notified not later than the
5-50 seventh day after the date the change is made.
5-51 (c) The executive director of the board shall notify the
5-52 board of a complaint that extends beyond the time prescribed by the
5-53 board for resolving the complaint so that the board may take
5-54 necessary action on the complaint.
5-55 Sec. 17D. INFORMAL PROCEEDINGS. (a) The board by rule
5-56 shall adopt procedures governing:
5-57 (1) informal disposition of a contested case under
5-58 Section 13(e), Administrative Procedure and Texas Register Act
5-59 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
5-60 subsequent amendments; and
5-61 (2) informal proceedings held in compliance with
5-62 Section 18(c), Administrative Procedure and Texas Register Act
5-63 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
5-64 subsequent amendments.
5-65 (b) Rules adopted under this section must provide the
5-66 complainant and the licensee an opportunity to be heard and must
5-67 require the presence of an attorney to advise the board or the
5-68 board's employees. The attorney must be a member of the board's
5-69 legal staff, if the board has a legal staff. If the board does not
5-70 have a legal staff, the attorney must be an employee of the office
6-1 of the attorney general.
6-2 Sec. 17E. MONITORING OF LICENSE HOLDER. The board by rule
6-3 shall develop a system for monitoring license holders' compliance
6-4 with the requirements of this Act. Rules adopted under this
6-5 section shall include procedures for monitoring a license holder
6-6 who is ordered by the board to perform certain acts to ascertain
6-7 that the license holder performs the required acts and to identify
6-8 and monitor license holders who represent a risk to the public.
6-9 SECTION 12. Section 21, Texas Pharmacy Act (Article 4542a-1,
6-10 Vernon's Texas Civil Statutes), is amended by amending Subsections
6-11 (c) and (d) and adding Subsection (h) to read as follows:
6-12 (c) The examinations for licensing required under this
6-13 section shall be given by the board at least two times during the
6-14 fiscal year of the state. The board shall determine the content
6-15 and subject matter of each examination and determine which persons
6-16 have successfully passed the examination. <An applicant who fails
6-17 the examination may retake the examination.> If requested in
6-18 writing by a person who fails the licensing examination
6-19 administered under this Act <so requests in writing>, the board
6-20 shall furnish the person with an analysis of the person's <his>
6-21 performance on the examination.
6-22 (d) The examination shall be prepared to measure the
6-23 competence of the applicant to engage in the practice of pharmacy.
6-24 The board may employ and cooperate with any organization or
6-25 consultant in the preparation and grading of an appropriate
6-26 examination, but shall retain the sole discretion and
6-27 responsibility of determining which applicants have successfully
6-28 passed the examination. A written examination prepared or offered
6-29 by the board, including standardized national examinations, shall
6-30 be validated by an independent testing professional.
6-31 (h) The board by rule shall establish the conditions under
6-32 which an applicant who fails the licensing examination may retake
6-33 the examination. The board may require an applicant to fulfill
6-34 additional educational requirements and may deny an applicant who
6-35 failed the examination the opportunity to retake the examination.
6-36 SECTION 13. The Texas Pharmacy Act (Article 4542a-1,
6-37 Vernon's Texas Civil Statutes) is amended by adding Section 22A to
6-38 read as follows:
6-39 Sec. 22A. PROVISIONAL LICENSE. (a) The board may, in the
6-40 discretion of the board in each instance, on payment by the
6-41 applicant for registration of a fee set by the board, grant a
6-42 provisional license to an applicant who presents proof of current
6-43 licensure in another state, the District of Columbia, or territory
6-44 of the United States that maintains professional standards
6-45 considered by the board to be equivalent to those set forth in this
6-46 Act. An applicant for the provisional license under this article
6-47 must:
6-48 (1) be licensed in good standing as a pharmacist in
6-49 another state, the District of Columbia, or a territory of the
6-50 United States that has licensing requirements that are
6-51 substantially equivalent to the requirements of this Act;
6-52 (2) have passed a national or other examination
6-53 recognized by the board relating to pharmacy; and
6-54 (3) be sponsored by a person licensed by the board
6-55 under this Act with whom the provisional license holder may
6-56 practice under this section.
6-57 (b) An applicant for a provisional license may be excused
6-58 from Subsection (a)(3) of this section if the board determines that
6-59 compliance with that section constitutes a hardship to the
6-60 applicant.
6-61 (c) A provisional license is valid until the date the board
6-62 approves or denies the provisional license holder's application for
6-63 a license. The board shall issue a license under this Act to the
6-64 holder of a provisional license under this section if:
6-65 (1) the provisional license holder passes the
6-66 jurisprudence examination required by this Act;
6-67 (2) the board verifies that the provisional license
6-68 holder has the academic and experience requirements for a license
6-69 under this Act; and
6-70 (3) the provisional license holder satisfies any other
7-1 license requirements under this Act.
7-2 (d) The board must complete the processing of a provisional
7-3 license holder's application for a license not later than the 180th
7-4 day after the date the provisional license is issued or at the time
7-5 licenses are issued following the successful completion of the
7-6 examination, whichever is later.
7-7 SECTION 14. Section 24, Texas Pharmacy Act (Article 4542a-1,
7-8 Vernon's Texas Civil Statutes), is amended to read as follows:
7-9 Sec. 24. License renewal. (a) The board by rule may adopt
7-10 a system under which licenses expire on various dates during the
7-11 year. For the year in which the license expiration date is
7-12 changed, license fees payable on February 1 shall be prorated on a
7-13 monthly basis so that each licensee shall pay only that portion of
7-14 the license fee that is allocable to the number of months during
7-15 which the license is valid. On renewal of the license on the new
7-16 expiration date, the total license renewal fee is payable <A
7-17 license to practice pharmacy expires on December 31 of each year or
7-18 of every other year, as determined by the board. To be eligible to
7-19 renew the license, a licensee must comply with the continuing
7-20 education requirements prescribed by the board>.
7-21 (b) The license may be renewed for one or two years, as
7-22 determined by the board, by payment of a renewal fee as determined
7-23 by the board and by filing a completed application, given under
7-24 oath, with the board for a license renewal certificate before the
7-25 expiration date of the license. The application must state that
7-26 the mandatory <number of hours of> continuing education
7-27 requirements have been completed by the licensee during the
7-28 preceding license period.
7-29 (c) On timely receipt of the completed application, the
7-30 renewal fee, and proof of completion of the continuing education
7-31 requirements prescribed by Section 24A of this Act, the board shall
7-32 issue a license renewal certificate bearing the pharmacist's
7-33 license number, the period for which it is renewed, and other
7-34 information the board determines necessary.
7-35 (d) If a person's license has been expired for <not more
7-36 than> 90 days or less, the person may renew the license by paying
7-37 to the board the required renewal fee and a fee that is one-half of
7-38 the examination fee for the license.
7-39 (e) If a person's license has been expired for more than 90
7-40 days but less than one year <two years>, the person may renew the
7-41 license by paying to the board all unpaid renewal fees and a fee
7-42 that is equal to the examination fee for the license.
7-43 (f) If a person's license has been expired for one year <two
7-44 years> or more, the person may not renew the license <and must
7-45 apply for a new license>. The board may issue a new license to
7-46 that person if the person has not had a license granted by any
7-47 other state suspended, revoked, canceled, surrendered, or otherwise
7-48 restricted for any reason, and if the person:
7-49 (1) was licensed as a pharmacist in this state, moved
7-50 to another state, is licensed in the other state and has been
7-51 engaged in the practice of pharmacy in the other state for the two
7-52 years preceding the application for a new license, pays to the
7-53 board an amount equal to the examination fee for the license, and
7-54 passes the Texas Drug and Pharmacy Jurisprudence examination;
7-55 (2) was licensed as a pharmacist in this state, pays
7-56 to the board an amount equal to the examination fee for the
7-57 license, successfully passes the Texas Drug and Pharmacy
7-58 Jurisprudence examination and any other examination required by the
7-59 board, and, in addition to or in lieu of passing the examination as
7-60 required by the board, participates in continuing pharmacy
7-61 education and practices under conditions set by the board; or
7-62 (3) submits to reexamination and complies with the
7-63 requirements and procedures for obtaining an original license.
7-64 (g) At least 30 days before the expiration of a person's
7-65 license, the board shall send written notice of the impending
7-66 license expiration to the person at the licensee's last known
7-67 address according to the records of the board. <The board shall
7-68 notify each licensee in writing of the licensee's impending license
7-69 expiration at least 60 days before the expiration date and again
7-70 two weeks before the expiration date. The notice must state the
8-1 number of continuing education hours the licensee must complete to
8-2 be eligible to renew the license. If the licensee exceeded the
8-3 number of hours of continuing education required for renewal during
8-4 the preceding license period, the notice must include the number of
8-5 hours the licensee may carry forward.>
8-6 <(h) The board shall specify by rule the procedures to be
8-7 followed and the fees to be paid for renewal and penalties for late
8-8 renewal of licenses.>
8-9 (h) <(i)> Practicing pharmacy without an annual or biennial
8-10 renewal certificate for the current year, as provided by this Act,
8-11 shall have the same effect and be subject to all penalties of
8-12 practicing pharmacy without a license.
8-13 (i) <(j)> A license to practice pharmacy or annual or
8-14 biennial renewal certificate issued by the board may not be
8-15 duplicated in any manner except as expressly provided by this Act.
8-16 The board may in its discretion issue duplicate copies of either
8-17 the license to practice pharmacy or the annual or biennial renewal
8-18 certificate on request from the holder and on payment of a fee as
8-19 determined by the board.
8-20 SECTION 15. Section 24A, Texas Pharmacy Act (Article
8-21 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
8-22 follows:
8-23 Sec. 24A. MANDATORY CONTINUING EDUCATION REQUIREMENTS.
8-24 (a) To renew a license to practice pharmacy, a licensee must
8-25 demonstrate to the satisfaction of the board completion of the
8-26 requirement for continuing professional education <as required by
8-27 this section. Each licensee shall execute a certified statement at
8-28 the time of renewal attesting that the licensee has satisfied the
8-29 continuing education requirement>.
8-30 (b) <The continuing education requirement may be met either
8-31 by completing continuing education programs approved by the board
8-32 or by taking and passing a standardized pharmacy examination
8-33 approved by the board. A licensee who elects to take the
8-34 examination must pay the examination fee assessed by the board
8-35 under Section 39 of this Act.>
8-36 <(c) The board shall adopt rules relating to the approval of
8-37 continuing education programs and providers. In adopting the
8-38 rules, the board may consider providers approved by the American
8-39 Council on Pharmaceutical Education and programs approved by the
8-40 Texas Pharmacy Foundation. The board shall approve home study
8-41 courses, correspondence courses, or other similar programs. Each
8-42 program approved by the board shall issue a certificate of
8-43 completion to a licensee who completes the program in a
8-44 satisfactory manner.>
8-45 <(d) An applicant who satisfies the continuing education
8-46 requirement through completion of approved programs must present
8-47 evidence satisfactory to the board of completion of at least 12
8-48 hours of continuing education during the preceding license period.
8-49 A licensee who completes more than 12 hours during the preceding
8-50 license period may carry forward a maximum of 12 hours for the next
8-51 license period.>
8-52 <(e) Each licensee shall maintain records for three years
8-53 evidencing completion of the continuing education programs
8-54 completed by the licensee. On an audit by the board, a licensee is
8-55 considered in compliance with the continuing education requirements
8-56 if the licensee submits to the board:>
8-57 <(1) an affidavit stating that the licensee has
8-58 complied with those requirements; and>
8-59 <(2) records evidencing completion of the continuing
8-60 education programs.>
8-61 <(f)> The board shall adopt rules relating to the operation
8-62 of the mandatory continuing education programs. In establishing
8-63 the requirement for continuing education, the board shall consider:
8-64 (1) factors that lead to the competent performance of
8-65 professional duties; and
8-66 (2) the continuing education needs of licensees.
8-67 (c) The board shall adopt rules relating to the adoption or
8-68 approval of mandatory continuing education programs and providers
8-69 and shall adopt rules to evaluate the effectiveness of the programs
8-70 and a licensee's participation and performance in the programs.
9-1 (d) The board by rule may grant an extension to the
9-2 mandatory continuing education requirements for good cause.
9-3 (e) <(g)> The board may adopt rules to exempt persons from
9-4 all or a portion of the mandatory continuing education requirements
9-5 <during their initial license period>.
9-6 SECTION 16. Subsection (a), Section 24B, Texas Pharmacy Act
9-7 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
9-8 read as follows:
9-9 (a) The board by rule shall adopt a system for the placement
9-10 on inactive status of a license held by a person who is licensed by
9-11 the board to practice pharmacy but who is not eligible to renew the
9-12 license for failure to comply with the mandatory continuing
9-13 education requirements of Section 24A of this Act and who is not
9-14 engaged in the practice of pharmacy in this state. The board may
9-15 restrict the length of time a license holder may remain on inactive
9-16 status.
9-17 SECTION 17. The Texas Pharmacy Act (Article 4542a-1,
9-18 Vernon's Texas Civil Statutes) is amended by adding Section 24C to
9-19 read as follows:
9-20 Sec. 24C. TEMPORARY LICENSE. The board by rule may provide
9-21 for the issuance of a temporary license.
9-22 SECTION 18. Subsection (a), Section 26, Texas Pharmacy Act
9-23 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
9-24 read as follows:
9-25 (a) Grounds for Disciplining a Holder of or Applicant for a
9-26 Pharmacist License: The board shall refuse to issue a pharmacist
9-27 license for failure to meet the requirements of Section 21 or 22 of
9-28 this Act. The board may in its discretion refuse to issue or renew
9-29 a license or may fine, reprimand, revoke, restrict, cancel, retire,
9-30 or suspend any license granted by the board, and may probate any
9-31 license suspension if the board finds that the applicant or
9-32 licensee has:
9-33 (1) violated any provision of this Act or any of the
9-34 rules of the board adopted under this Act;
9-35 (2) engaged in unprofessional conduct as that term is
9-36 defined by the rules of the board;
9-37 (3) engaged in gross immorality as that term is
9-38 defined by the rules of the board;
9-39 (4) developed an incapacity of a nature that prevents
9-40 a pharmacist or applicant from engaging in the practice of pharmacy
9-41 with reasonable skill, competence, and safety to the public. In
9-42 enforcing this subdivision, the board shall, on probable cause,
9-43 request a pharmacist or applicant to submit to a mental or physical
9-44 examination by physicians designated by the board. If the
9-45 pharmacist or applicant refuses to submit to the examination, the
9-46 board shall issue an order requiring the pharmacist or applicant to
9-47 show cause why he will not submit to the examination and shall
9-48 schedule a hearing on the order within 30 days after notice is
9-49 served on the pharmacist or applicant. The pharmacist or applicant
9-50 shall be notified by either personal service or certified mail with
9-51 return receipt requested. At the hearing, the pharmacist or
9-52 applicant and an <his> attorney are entitled to present any
9-53 testimony and other evidence to show why the pharmacist or
9-54 applicant should not be required to submit to the examination.
9-55 After the hearing, the board shall issue an order either requiring
9-56 the pharmacist or applicant to submit to the examination or
9-57 withdrawing the request for examination;
9-58 (5) engaged in any fraud, deceit, or misrepresentation
9-59 as those words are defined by the rules of the board in the
9-60 practice of pharmacy or in seeking a license to act as a
9-61 pharmacist;
9-62 (6) been convicted of a felony or a misdemeanor
9-63 involving moral turpitude by a court of competent jurisdiction;
9-64 (7) a drug or alcohol dependency;
9-65 (8) failed to keep and maintain records required by
9-66 this Act or failed to keep and maintain complete and accurate
9-67 records of purchases and disposals of drugs listed in the
9-68 Controlled Substances Act or the Dangerous Drug Act;
9-69 (9) violated any provision of the Controlled
9-70 Substances Act or Dangerous Drug Act or a rule relating to those
10-1 acts or any provision of Sections 485.031-485.035, Health and
10-2 Safety Code, or a rule adopted under Section 485.011, Health and
10-3 Safety Code;
10-4 (10) aided or abetted an unlicensed individual to
10-5 engage in the practice of pharmacy if the pharmacist knew or
10-6 reasonably should have known that the individual was unlicensed at
10-7 the time;
10-8 (11) refused an entry into any pharmacy for any
10-9 inspection authorized by this Act if the pharmacist had received
10-10 notification from which the pharmacist knew or reasonably should
10-11 have known that the attempted inspection was authorized;
10-12 (12) violated the pharmacy or drug laws or rules of
10-13 this state or any other state or of the United States;
10-14 (13) been negligent in the practice of pharmacy;
10-15 (14) failed to submit to an examination after hearing
10-16 and being ordered to do so by the board pursuant to Subdivision (4)
10-17 of this subsection;
10-18 (15) dispensed prescription drugs while acting outside
10-19 the usual course and scope of professional practice; or
10-20 (16) had a license to practice pharmacy issued by
10-21 another state canceled, revoked, surrendered, or suspended for
10-22 conduct substantially equivalent to conduct described in
10-23 Subdivisions (1) through (15) of this subsection. A certified copy
10-24 of the record of the state taking action as set out above shall be
10-25 conclusive evidence of the action taken by such state.
10-26 SECTION 19. Subsections (a) and (b), Sections 26A, Texas
10-27 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
10-28 amended to read as follows:
10-29 (a) On the entry of an initial order against a person
10-30 licensed by the board to practice pharmacy, the board may refuse to
10-31 issue a license to an applicant or suspend the person's license.
10-32 On the person's final conviction, the board may revoke the person's
10-33 license.
10-34 (b) On the entry of an initial order against an applicant
10-35 for a pharmacy license or a person who has been issued a license or
10-36 renewal license for a pharmacy under this Act, or against a
10-37 managing officer of the licensee or applicant if the licensee or
10-38 applicant is an association, joint-stock company, partnership, or
10-39 corporation, the board may refuse to issue the license or may
10-40 suspend the license. On final conviction, the board may revoke the
10-41 license.
10-42 SECTION 20. Subsection (a), Section 26B, Texas Pharmacy Act
10-43 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
10-44 read as follows:
10-45 (a) The board may in its discretion refuse to issue or renew
10-46 a license or may fine or reprimand any licensee or revoke,
10-47 restrict, cancel, or suspend any license granted by the board, if
10-48 the board finds that an applicant or licensee has:
10-49 (1) dispensed a drug, quantity, or strength of drug
10-50 other than that which is ordered for the patient by a practitioner
10-51 or labeled a prescription with incorrect directions for use;
10-52 (2) violated any of the following provisions of this
10-53 Act:
10-54 (A) Section 29(a), (b)(5), or (c)(5);
10-55 (B) Section 30(i) or (j); or
10-56 (C) Section 32(a);
10-57 (3) failed to comply with the following requirements
10-58 unless compliance would violate the pharmacy or drug laws or rules
10-59 in the state in which the pharmacy is located:
10-60 (A) Section 481.074 or 481.075, Health and
10-61 Safety Code;
10-62 (B) Texas substitution requirements regarding:
10-63 (i) the practitioner's directions relative
10-64 to generic substitution;
10-65 (ii) the patient's right to refuse generic
10-66 substitution; or
10-67 (iii) notification to the patient of the
10-68 patient's right to refuse substitution; <or>
10-69 (C) board rules relating to the provision of
10-70 drug information to the patient or patient's agent in written form
11-1 or by telephone; or
11-2 (D) board rules adopted pursuant to Section
11-3 16(a) of this Act and determined by the board to be applicable
11-4 pursuant to Section 16(d) of this Act; or
11-5 (4) engaged in conduct which caused serious bodily
11-6 injury to a Texas resident.
11-7 SECTION 21. Subsection (d), Section 27A, Texas Pharmacy Act
11-8 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
11-9 read as follows:
11-10 (d) The records and proceedings of the board, its authorized
11-11 agents, or any pharmaceutical organization committee as set out in
11-12 Subsections (a) and (b) of this section shall be confidential and
11-13 are not considered open records for the purposes of Chapter 424,
11-14 Acts of the 63rd Legislature, Regular Session, 1973, as amended
11-15 (Article 6252-17a, Vernon's Texas Civil Statutes); provided,
11-16 however, the board may disclose this confidential information only:
11-17 (1) in a disciplinary hearing before the board or in a
11-18 subsequent trial or appeal of a board action or order;
11-19 (2) to the pharmacist licensing or disciplinary
11-20 authorities of other jurisdictions; <or>
11-21 (3) pursuant to an order of a court of competent
11-22 jurisdiction; or
11-23 (4) if the licensee is subject to a restriction on the
11-24 licensee's conduct of the practice of pharmacy as a result of a
11-25 substance abuse problem.
11-26 SECTION 22. Subsection (a), Section 28, Texas Pharmacy Act
11-27 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
11-28 read as follows:
11-29 (a) On the finding of the existence of grounds for
11-30 discipline of any person holding a license or seeking a license or
11-31 a renewal license under this Act, the board may impose one or more
11-32 of the following penalties:
11-33 (1) suspension of the offender's license;
11-34 (2) revocation of the offender's license;
11-35 (3) restriction of the offender's license to prohibit
11-36 the offender from performing certain acts or from engaging in the
11-37 practice of pharmacy or operating a pharmacy in a particular manner
11-38 for a term and under conditions to be determined by the board;
11-39 (4) imposition of an administrative penalty under
11-40 Section 28B of this Act <a fine not to exceed $1,000 for each
11-41 offense involving diversion of controlled substances or a fine not
11-42 to exceed $250 for any other offense>;
11-43 (5) refusal to issue or renew the offender's license;
11-44 (6) placement of the offender's license on probation
11-45 and supervision by the board for a period to be determined by the
11-46 board and imposition of a requirement that the practitioner:
11-47 (A) report regularly to the board on matters
11-48 that are the basis of the probation;
11-49 (B) limit practice to the areas prescribed by
11-50 the board; or
11-51 (C) continue or review professional education
11-52 until the practitioner attains a degree of skill satisfactory to
11-53 the board in those areas that are the basis of the probation;
11-54 (7) reprimand;
11-55 (8) cancellation of the offender's license; <or>
11-56 (9) retirement of the offender's license as provided
11-57 by board rule; or
11-58 (10) imposition of a civil penalty that does not
11-59 exceed $1,000 a day and that may be collected in a suit initiated
11-60 by the board.
11-61 SECTION 23. The Texas Pharmacy Act (Article 4542a-1,
11-62 Vernon's Texas Civil Statutes) is amended by adding Section 28A to
11-63 read as follows:
11-64 Sec. 28A. TEMPORARY SUSPENSION OF LICENSE. If the majority
11-65 of the board or a three-member committee of board members
11-66 designated by the board determines from the evidence or information
11-67 presented to it that a pharmacist by continuation in practice would
11-68 constitute a continuing threat to the public welfare, the board or
11-69 the three-member committee shall temporarily suspend the license of
11-70 the pharmacist. The license may be temporarily suspended without
12-1 notice or hearing if, at the time the suspension is ordered, a
12-2 hearing before the board on whether disciplinary proceedings under
12-3 this Act should be initiated against the license holder is
12-4 scheduled to be held not later than the 14th day after the date of
12-5 the suspension. A second hearing on the suspended license shall be
12-6 held by the State Office of Administrative Hearings not later than
12-7 the 60th day after the date of the suspension. If the second
12-8 hearing is not held in the time required by this subsection, the
12-9 suspended license is automatically reinstated.
12-10 SECTION 24. The Texas Pharmacy Act (Article 4542a-1,
12-11 Vernon's Texas Civil Statutes) is amended by adding Section 28B to
12-12 read as follows:
12-13 Sec. 28B. ADMINISTRATIVE PENALTY. (a) The board may impose
12-14 an administrative penalty against a person licensed or regulated
12-15 under this Act who violates this Act or a rule or order adopted
12-16 under this Act.
12-17 (b) The penalty for a violation involving the diversion of
12-18 controlled substances may be in an amount not to exceed $5,000.
12-19 The penalty for other violations may be in an amount not to exceed
12-20 $2,500. Each day a violation continues or occurs is a separate
12-21 violation for purposes of imposing a penalty.
12-22 (c) The amount of the penalty shall be based on:
12-23 (1) the seriousness of the violation, including the
12-24 nature, circumstances, extent, and gravity of any prohibited acts,
12-25 and the hazard or potential hazard created to the health, safety,
12-26 or economic welfare of the public;
12-27 (2) the economic harm to property or the environment
12-28 caused by the violation;
12-29 (3) the history of previous violations;
12-30 (4) the amount necessary to deter future violations;
12-31 (5) efforts to correct the violation; and
12-32 (6) any other matter that justice may require.
12-33 (d) An executive director who determines that a violation
12-34 has occurred may issue to the board a report that states the facts
12-35 on which the determination is based and the director's
12-36 recommendation on the imposition of a penalty, including a
12-37 recommendation on the amount of the penalty.
12-38 (e) Within 14 days after the date the report is issued, the
12-39 executive director shall give written notice of the report to the
12-40 person. The notice may be given by certified mail. The notice
12-41 must include a brief summary of the alleged violation and a
12-42 statement of the amount of the recommended penalty and must inform
12-43 the person that the person has a right to a hearing on the
12-44 occurrence of the violation, the amount of the penalty, or both the
12-45 occurrence of the violation and the amount of the penalty.
12-46 (f) Within 20 days after the date the person receives the
12-47 notice, the person in writing may accept the determination and
12-48 recommended penalty of the executive director or may make a written
12-49 request for a hearing on the occurrence of the violation, the
12-50 amount of the penalty, or both the occurrence of the violation and
12-51 the amount of the penalty.
12-52 (g) If the person accepts the determination and recommended
12-53 penalty of the executive director, the board by order shall approve
12-54 the determination and impose the recommended penalty.
12-55 (h) If the person requests a hearing or fails to respond
12-56 timely to the notice, the executive director shall set a hearing
12-57 and give notice of the hearing to the person. The hearing shall be
12-58 held by an administrative law judge of the State Office of
12-59 Administrative Hearings. The administrative law judge shall make
12-60 findings of fact and conclusions of law and promptly issue to the
12-61 board a proposal for a decision about the occurrence of the
12-62 violation and the amount of a proposed penalty. Based on the
12-63 findings of fact, conclusions of law, and proposal for a decision,
12-64 the board by order may find that a violation has occurred and
12-65 impose a penalty or may find that no violation occurred.
12-66 (i) The notice of the board's order given to the person
12-67 under the Administrative Procedure and Texas Register Act (Article
12-68 6252-13a, Vernon's Texas Civil Statutes) and its subsequent
12-69 amendments must include a statement of the right of the person to
12-70 judicial review of the order.
13-1 (j) Within 30 days after the date the board's order is final
13-2 as provided by Section 16(c), Administrative Procedure and Texas
13-3 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes), and
13-4 its subsequent amendments, the person shall:
13-5 (1) pay the amount of the penalty;
13-6 (2) pay the amount of the penalty and file a petition
13-7 for judicial review contesting the occurrence of the violation, the
13-8 amount of the penalty, or both the occurrence of the violation and
13-9 the amount of the penalty; or
13-10 (3) without paying the amount of the penalty, file a
13-11 petition for judicial review contesting the occurrence of the
13-12 violation, the amount of the penalty, or both the occurrence of the
13-13 violation and the amount of the penalty.
13-14 (k) Within the 30-day period, a person who acts under
13-15 Subsection (j)(3) of this section may:
13-16 (1) stay enforcement of the penalty by:
13-17 (A) paying the amount of the penalty to the
13-18 court for placement in an escrow account; or
13-19 (B) giving to the court a supersedeas bond
13-20 approved by the court for the amount of the penalty and that is
13-21 effective until all judicial review of the board's order is final;
13-22 or
13-23 (2) request the court to stay enforcement of the
13-24 penalty by:
13-25 (A) filing with the court a sworn affidavit of
13-26 the person stating that the person is financially unable to pay the
13-27 amount of the penalty and is financially unable to give the
13-28 supersedeas bond; and
13-29 (B) giving a copy of the affidavit to the
13-30 executive director by certified mail.
13-31 (l) An executive director who receives a copy of an
13-32 affidavit under Subsection (k)(2) of this section may file with the
13-33 court, within five days after the date the copy is received, a
13-34 contest to the affidavit. The court shall hold a hearing on the
13-35 facts alleged in the affidavit as soon as practicable and shall
13-36 stay the enforcement of the penalty on finding that the alleged
13-37 facts are true. The person who files an affidavit has the burden
13-38 of proving that the person is financially unable to pay the amount
13-39 of the penalty and to give a supersedeas bond.
13-40 (m) If the person does not pay the amount of the penalty and
13-41 the enforcement of the penalty is not stayed, the executive
13-42 director may refer the matter to the attorney general for
13-43 collection of the amount of the penalty.
13-44 (n) Judicial review of the order of the board:
13-45 (1) is instituted by filing a petition as provided by
13-46 Section 19, Administrative Procedure and Texas Register Act
13-47 (Article 6252-13a, Vernon's Texas Civil Statutes), and its
13-48 subsequent amendments; and
13-49 (2) is under the substantial evidence rule.
13-50 (o) If the court sustains the occurrence of the violation,
13-51 the court may uphold or reduce the amount of the penalty and order
13-52 the person to pay the full or reduced amount of the penalty. If
13-53 the court does not sustain the occurrence of the violation, the
13-54 court shall order that no penalty is owed.
13-55 (p) When the judgment of the court becomes final, the court
13-56 shall proceed under this subsection. If the person paid the amount
13-57 of the penalty and if that amount is reduced or is not upheld by
13-58 the court, the court shall order that the appropriate amount plus
13-59 accrued interest be remitted to the person. The rate of the
13-60 interest is the rate charged on loans to depository institutions by
13-61 the New York Federal Reserve Bank, and the interest shall be paid
13-62 for the period beginning on the date the penalty was paid and
13-63 ending on the date the penalty is remitted. If the person gave a
13-64 supersedeas bond and if the amount of the penalty is not upheld by
13-65 the court, the court shall order the release of the bond. If the
13-66 person gave a supersedeas bond and if the amount of the penalty is
13-67 reduced, the court shall order the release of the bond after the
13-68 person pays the amount.
13-69 (q) A penalty collected under this section shall be remitted
13-70 to the comptroller for deposit in the general revenue fund.
14-1 (r) All proceedings under this section are subject to the
14-2 Administrative Procedure and Texas Register Act (Article 6252-13a,
14-3 Vernon's Texas Civil Statutes) and its subsequent amendments.
14-4 SECTION 25. Section 29, Texas Pharmacy Act (Article 4542a-1,
14-5 Vernon's Texas Civil Statutes), is amended by adding Subsection (h)
14-6 to read as follows:
14-7 (h) A pharmacy shall retain prescription records for four
14-8 years.
14-9 SECTION 26. Section 33, Texas Pharmacy Act (Article 4542a-1,
14-10 Vernon's Texas Civil Statutes), is amended by adding Subsection (e)
14-11 to read as follows:
14-12 (e) A practitioner may not issue a prescription to be
14-13 dispensed unless the prescription contains the following typed,
14-14 printed, or stamped information:
14-15 (1) the practitioner's name, address, and phone
14-16 number; and
14-17 (2) the practitioner's required identification number.
14-18 SECTION 27. Section 39, Texas Pharmacy Act (Article 4542a-1,
14-19 Vernon's Texas Civil Statutes), is amended to read as follows:
14-20 Sec. 39. Fees. The board by rule shall establish reasonable
14-21 and necessary fees so that the fees, in the aggregate, produce
14-22 sufficient revenue to cover the cost of administering this Act.
14-23 The board may not set a fee for an amount less than the amount of
14-24 that fee on September 1, 1993. <may not charge more than the
14-25 following fees for the performance of the following duties and
14-26 functions to carry out the purposes of this Act:>
14-27 <(1) for processing application and administration of
14-28 examination for licensure--$250;>
14-29 <(2) for processing application for licensure by
14-30 reciprocity--$250 (plus the applicable license fee);>
14-31 <(3) for processing application and issuance of a
14-32 pharmacist license or renewal of a pharmacist license--$100 a year;>
14-33 <(4) for processing of an application and issuance of
14-34 a pharmacy license or renewal of a pharmacy license--$150; and>
14-35 <(5) for processing an application and the issuance or
14-36 renewal of a pharmacist license for a pharmacist who has been
14-37 licensed by the board for at least 50 years and who does not
14-38 actively practice pharmacy--$75 a year.>
14-39 SECTION 28. Subdivision (41), Section 481.002, Health and
14-40 Safety Code, is amended to read as follows:
14-41 (41) "Prescription" means an order by a practitioner
14-42 to a pharmacist for a controlled substance for a particular patient
14-43 that specifies:
14-44 (A) the date of issue;
14-45 (B) the name and address of the patient or, if
14-46 the controlled substance is prescribed for an animal, the species
14-47 of the animal and the name and address of its owner;
14-48 (C) the name and quantity of the controlled
14-49 substance prescribed with the quantity shown numerically followed
14-50 by the number written as a word if the order is written or, if the
14-51 order is communicated orally or telephonically, with the quantity
14-52 given by the practitioner and transcribed by the pharmacist
14-53 numerically; <and>
14-54 (D) directions for the use of the drug; and
14-55 (E) the legibly printed or stamped name,
14-56 address, Federal Drug Enforcement Administration registration
14-57 number, and telephone number of the practitioner at the
14-58 practitioner's usual place of business.
14-59 SECTION 29. Subsection (i), Section 481.074, Health and
14-60 Safety Code, is amended to read as follows:
14-61 (i) A prescription for a controlled substance must show:
14-62 (1) the quantity of the substance prescribed:
14-63 (A) written as a word if the prescription is
14-64 written; or
14-65 (B) if the prescription is communicated orally
14-66 or telephonically, as transcribed by the receiving pharmacist;
14-67 (2) the date of issue;
14-68 (3) the name and address of the patient or, if the
14-69 controlled substance is prescribed for an animal, the species of
14-70 the animal and the name and address of its owner;
15-1 (4) the name and strength of the controlled substance
15-2 prescribed;
15-3 (5) the directions for use of the controlled
15-4 substance; and
15-5 (6) the legibly stamped or printed name, address,
15-6 <and> Federal Drug Enforcement Administration registration number,
15-7 and telephone number of the practitioner at the practitioner's
15-8 usual place of business.
15-9 SECTION 30. Subdivision (13), Section 483.001, Health and
15-10 Safety Code, is amended to read as follows:
15-11 (13) "Prescription" means an order from a
15-12 practitioner, or an agent of the practitioner designated in writing
15-13 as authorized to communicate prescriptions, or an order made in
15-14 accordance with Section 3.06(d)(5), Medical Practice Act (Article
15-15 4495b, Vernon's Texas Civil Statutes), to a pharmacist for a
15-16 dangerous drug to be dispensed that states:
15-17 (A) the date of the order's issue;
15-18 (B) the name and address of the patient;
15-19 (C) if the drug is prescribed for an animal, the
15-20 species of the animal;
15-21 (D) the name and quantity of the drug
15-22 prescribed; <and>
15-23 (E) the directions for the use of the drug; and
15-24 (F) the legibly printed or stamped name,
15-25 address, Federal Drug Enforcement Administration registration
15-26 number, and telephone number of the practitioner at the
15-27 practitioner's usual place of business.
15-28 SECTION 31. (a) The changes in law made by this Act
15-29 relating to an administrative or civil penalty that may be imposed
15-30 apply only to a violation of the Texas Pharmacy Act (Article
15-31 4542a-1, Vernon's Texas Civil Statutes) or a rule adopted by the
15-32 Texas State Board of Pharmacy that occurs on or after the effective
15-33 date of this Act. A violation occurs on or after the effective
15-34 date of this Act only if each element of the violation occurs on or
15-35 after that date. A violation that occurs before the effective
15-36 date of this Act is governed by the law in effect on the date the
15-37 violation occurred, and the former law is continued in effect for
15-38 this purpose.
15-39 (b)(1) As the terms of members of the Texas State Board of
15-40 Pharmacy expire or as a vacancy occurs on the board, the governor
15-41 shall appoint members to the board to achieve, as soon as possible,
15-42 the membership plan prescribed for the board by this Act.
15-43 (2) As the terms of members expire or as a vacancy
15-44 occurs on the board, the governor shall appoint members to the
15-45 board and designate members to serve terms so that every two years
15-46 the terms of one public member and two licensed pharmacist members
15-47 expire on the same date.
15-48 (c) The changes in law made by this Act in the
15-49 qualifications of members of the Texas State Board of Pharmacy do
15-50 not affect the entitlement of a member appointed before September
15-51 1, 1993, to continue to hold office on the board for the term for
15-52 which the member was appointed. The changes in the qualifications
15-53 apply only to a member appointed on or after September 1, 1993.
15-54 SECTION 32. Section 17(v), Texas Pharmacy Act (Article
15-55 4542a-1, Vernon's Texas Civil Statutes), is repealed.
15-56 SECTION 33. This Act takes effect September 1, 1993.
15-57 SECTION 34. The importance of this legislation and the
15-58 crowded condition of the calendars in both houses create an
15-59 emergency and an imperative public necessity that the
15-60 constitutional rule requiring bills to be read on three several
15-61 days in each house be suspended, and this rule is hereby suspended.
15-62 * * * * *
15-63 Austin,
15-64 Texas
15-65 April 26, 1993
15-66 Hon. Bob Bullock
15-67 President of the Senate
15-68 Sir:
15-69 We, your Committee on Health and Human Services to which was
15-70 referred S.B. No. 621, have had the same under consideration, and I
16-1 am instructed to report it back to the Senate with the
16-2 recommendation that it do not pass, but that the Committee
16-3 Substitute adopted in lieu thereof do pass and be printed.
16-4 Truan,
16-5 Acting Chair
16-6 * * * * *
16-7 WITNESSES
16-8 FOR AGAINST ON
16-9 ___________________________________________________________________
16-10 Name: Carol Fisher x
16-11 Representing: Tx St Bd of Pharmacy
16-12 City: Austin
16-13 -------------------------------------------------------------------
16-14 Name: James Moore x
16-15 Representing: Tx St Bd of Pharmacy
16-16 City: Austin
16-17 -------------------------------------------------------------------
16-18 Name: Belinda R. Perkins x
16-19 Representing: Tx St Bd of Pharmacy
16-20 City: Austin
16-21 -------------------------------------------------------------------
16-22 Name: Gay Dodson
16-23 Representing: Tx St Bd of Pharmacy
16-24 City: Austin
16-25 -------------------------------------------------------------------
16-26 Name: Fred S. Brinkley, Jr. x
16-27 Representing: Tx St Bd of Pharmacy
16-28 City: Austin
16-29 -------------------------------------------------------------------
16-30 FOR AGAINST ON
16-31 ___________________________________________________________________
16-32 Name: David Holland x
16-33 Representing: Sunset Advisory Comm
16-34 City: Austin
16-35 -------------------------------------------------------------------
16-36 Name: Joey Longley x
16-37 Representing: Sunset Commission
16-38 City: Austin
16-39 -------------------------------------------------------------------
16-40 Name: Richard Beck x
16-41 Representing: Tx Pharmaceutical Asso
16-42 City: Austin
16-43 -------------------------------------------------------------------