BILL ANALYSIS


                                                    C.S.H.B. 1505
                                         By: Van de Putte (Madla)
                                        Health and Human Services
                                                         05-04-95
                            Senate Committee Report (Substituted)
BACKGROUND

During the 73rd Legislature, the Texas Pharmacy Act was amended to
recognize that the practice of pharmacy occurs outside the confines
of a licensed pharmacy, e.g., pharmacists practice pharmacy in
nursing homes, university pharmacy schools, drug information
centers, etc.  However, when this change was made in the Act, a
corresponding change was not made to clearly indicate that the
Texas State Board of Pharmacy has the authority to inspect the
practice sites of these pharmacists.  Furthermore, clarification of
current law regarding complaints initiated as a result of written
warning notices issued during an inspection is needed. 

PURPOSE

As proposed, C.S.H.B. 1505 adds annual registration and periodic
inspection of balances used for compounding drugs in pharmacies
licensed in this state to the list of responsibilities of the Texas
State Board of Pharmacy; authorizes the Texas State Board of
Pharmacy to inspect certain facilities and to clarify current law
referring to complaints initiated as a result of written warning
notices issued during an inspection.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas State Board of Pharmacy under SECTION 2 (Section
18(i), Article 4542a-1, V.T.C.S.) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 17(b), Article 4542a-1, V.T.C.S. (Texas
Pharmacy Act), to include, among other responsibilities of the
Texas State Board of Pharmacy (board) relating to the practice of
pharmacy and to prescription drugs and devices used in this state
in the diagnosis, mitigation, and treatment or prevention of
injury, illness, and disease, an annual registration of balances
used for the compounding of drugs in pharmacies licensed in this
state and the periodic inspection of such balances to verify
accuracy. 

SECTION 2.     Amends Sections 18(a) and (i), Article 4542a-1,
V.T.C.S., as follows:

     (a)  redefines "facility" to include a place where the
     practice of pharmacy occurs.
     
     (i)  Requires a licensee to be given a reasonable time, as
     determined by board, to comply with this Act or rules adopted
     by the board before a complaint may be filed with the board as
     a result of a written warning notice that lists specific
     violations of this Act or a rule adopted by the board issued
     during an inspection.
     
     SECTION 2.     Effective date:  September 1, 1995.

SECTION 3. Emergency clause.