BILL ANALYSIS


                                                     C.S.S.B. 655
                                                        By: Madla
                                        Health and Human Services
                                                         04-20-95
                                   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
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.S.B. 655 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 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 set forth 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, treatment, or prevention of injury, illness,
and disease, including annual registration and periodic inspection
of balances used for compounding drugs in pharmacies licensed in
this state.

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

     (a)  Defines "facility."
     
     (i)  Requires a licensee to be given a reasonable time, as
     determined by the 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 3.     Effective date:  September 1, 1995.

SECTION 4. Emergency clause.