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.