BILL ANALYSIS H.B. 1506 By: Van de Putte 03-28-95 Committee Report (Unamended) BACKGROUND During the last legislative session the Texas Pharmacy Act was amended to replace the state's authority to assess a fine with authority to impose an administrative penalty. Section 28B was added to the Texas Pharmacy Act, outlining procedures for the Board of Pharmacy to follow in assessing administrative penalties. These procedures differ from those the agency follows for imposing other sanctions. As a result of these changes, the agency may be required to conduct two separate disciplinary hearings to assess an administrative penalty and other sanctions, such as probation. This bill would amend Section 28B to clarify that an administrative penalty may be assessed along with other sanctions in a single disciplinary hearing conducted in accordance with the Administrative Procedure Act. The amended Section 28B would be substantively the same as the administrative procedures section of the Texas Medical Practice Act. PURPOSE To amend the procedures regarding the assessment of an administrative penalty to allow the Board of Pharmacy to assess an administrative penalty in conjunction with a disciplinary hearing held under the Administrative Procedure Act. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is expressly granted to the Board of Pharmacy in Section 1 of this bill (Section 28B(d), Texas Pharmacy Act). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 28B, the Texas Pharmacy Act, to read substantively the same as the administrative penalty section in the Texas Medical Practice Act and allows the assessment of an administrative penalty to follow the procedures outlined in the Texas Administrative Procedure Act. These substantive changes are made by amending Subsections (e) and (f) and by deleting a number of other subsections in the existing law. Remaining subsections are relettered to reflect the deletions. The language in the relettered portions of the bill is virtually unchanged and contains procedures for judicial review of the action. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B. 1506 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 6 Ayes, 0 Nays, 0 PNV, and 3 Absent.