BILL ANALYSIS H.B. 1505 By: Van de Putte 03-28-95 Committee Report (Unamended) BACKGROUND During the 73rd Legislature, the Texas Pharmacy Act was amended to recognize that the practice of pharmacy sometimes occurs outside the confines of a licensed pharmacy. For example, pharmacists practice in nursing homes, university pharmacy schools, and drug information centers, among other sites. However, when this change was made in the law, a corresponding change was not made to clearly indicate that the Board of Pharmacy has the authority to inspect the various practice sites of these pharmacists. The Board has authority to inspect under the Dangerous Drug Act (Sec. 483.025, Health and Safety Code) and under Section 18 of the Texas Pharmacy Act, but the inspection authority in Section 18 is not clearly outlined. Also, Section 18(i) of the Pharmacy Act references complaints filed by the Board of Pharmacy as a result of an inspection and specifies that the licensee must be given a reasonable time to comply with the Act or rules. This section was created to allow for the issuance of a "Warning Notice," which outlines violations discovered during inspection and allows the licensee time (usually 30 days) to comply. This section is not intended to prohibit the Board from immediately filing a complaint when a condition is discovered during an inspection and is believed to pose an imminent danger to public health and safety. An amendment to the Section is necessary to clarify this issue. PURPOSE The purpose of this proposed legislation is to clearly give the Board of Pharmacy the authority to inspect a facility where the practice of pharmacy is occurring and to clarify that Subsection (i) of Section 18 refers to complaints initiated as a result of notices issued during an inspection. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 18 of the Texas Pharmacy Act by adding "a place where the practice of pharmacy occurs" to the definition of a "facility" in Subsection (a) and clarifying that Subsection (i) refers to complaints filed as a result of a warning notice issued during an inspection. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 1505 was considered by the Public Health Committee in a public hearing on March 28, 1995. The following person testified in favor of the bill: Representative Van de Putte, author of the bill. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed and be sent to the Committee on Local and Consent Calendars, by a record vote of 7 Ayes, 0 Nays, 0 PNV, and 2 Absent.