BILL ANALYSIS



Public Health Committee
H.B. 1507
By: Van de Putte
03-28-95
Committee Report (Amended)



BACKGROUND

The health-care community and health-care payers are continually
searching for methods to improve the quality and cost-effectiveness
of services delivered. As a part of this trend, pharmaceutical care
providers seek innovative methods to enhance the provision of drug
therapy and other pharmaceutical services to assist in the cure or
prevention of a disease, elimination or reduction of symptoms, or
the delaying of the disease process.

Some innovations are not possible under current rules, and the
Board of Pharmacy may be reluctant to amend the rules to allow all
pharmacists to engage in innovative practices. However, if the
Board is given the authority to sanction pilot or demonstration
research projects, ideas for innovative practices could be tested
in a controlled environment.

PURPOSE

This bill would allow the Texas State Board of Pharmacy to approve
pilot and demonstration research projects for innovative
applications in the practice of pharmacy.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
delegate any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Adds Subsection (v) to Section 17 of the Texas Pharmacy
Act (Article 4542a-1, Vernon's Texas Civil Statutes), allowing the
Texas State Board of Pharmacy to authorize pilot or demonstration
research projects for innovative applications in the practice of
pharmacy. The Board must specify the procedures to be followed in
applying for approval of such a project, and it may grant
exceptions to rules adopted under the Texas Pharmacy Act. Also, the
Board may grant exception to rules adopted under the Pharmacy Act
and condition the approval of a project in compliance with this
subsection and rules adopted under its provisions. The bill, as
amended, states that the bill does not expand the definition of
pharmacy and that demonstration projects cannot include therapeutic
substitution or substitution of medical devices used in patient
care.

SECTION 2.  Emergency clause. Effective upon passage.

EXPLANATION OF AMENDMENT

Committee Amendment No. 1 clarifies the intention of the bill,
stating that it should not be construed to expand the definition of
pharmacy as provided in the Texas Pharmacy Act and states that
demonstration projects cannot include therapeutic substitution or
substitution of medical devices used in patient care.

SUMMARY OF COMMITTEE ACTION

H.B. 1507 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 as amended, 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.