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.