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.