H.B. No. 1505
1-1 AN ACT
1-2 relating to the authority of the Texas State Board of Pharmacy to
1-3 inspect certain facilities and register and inspect certain
1-4 equipment and to file a complaint resulting from the inspection.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (b), Section 17, Texas Pharmacy Act
1-7 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-8 read as follows:
1-9 (b) The board has the following responsibilities relating to
1-10 the practice of pharmacy and to prescription drugs and devices used
1-11 in this state in the diagnosis, mitigation, and treatment or
1-12 prevention of injury, illness, and disease:
1-13 (1) regulation of the delivery or distribution of
1-14 prescription drugs and devices, including the right to seize, after
1-15 notice and hearing, any prescription drugs or devices posing a
1-16 hazard to the public health and welfare, but the board may not
1-17 regulate:
1-18 (A) manufacturers' representatives or employees
1-19 acting in the normal course of business;
1-20 (B) persons engaged in the wholesale drug
1-21 business and registered with the commissioner of health as provided
1-22 by Chapter 431, Health and Safety Code; or
1-23 (C) employees of persons engaged in the
1-24 wholesale drug business and registered with the commissioner of
2-1 health as provided by Chapter 431, Health and Safety Code, if the
2-2 employees are acting in the normal course of business;
2-3 (2) specification of minimum standards for
2-4 professional environment, technical equipment, and security in the
2-5 prescription dispensing area;
2-6 (3) specification of minimum standards for drug
2-7 storage, maintenance of prescription drug records, and procedures
2-8 for the delivery, dispensing in a suitable container appropriately
2-9 labeled, providing of prescription drugs or devices, monitoring of
2-10 drug therapy, and counseling of patients on proper use of
2-11 prescription drugs and devices within the practice of pharmacy;
2-12 <and>
2-13 (4) adoption of rules regulating a prescription drug
2-14 order or medication order transmitted by electronic means; and
2-15 (5) annual registration of balances used for the
2-16 compounding of drugs in pharmacies licensed in this state and the
2-17 periodic inspection of such balances to verify accuracy.
2-18 SECTION 2. Subsections (a) and (i), Section 18, Texas
2-19 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
2-20 amended to read as follows:
2-21 (a) In this section, "facility" means:
2-22 (1) a place that has applied for licensing as a
2-23 pharmacy under this Act;
2-24 (2) a place licensed as a pharmacy under this Act;
2-25 <or>
2-26 (3) a place operating as a pharmacy in violation of
2-27 this Act; or
3-1 (4) a place where the practice of pharmacy occurs.
3-2 (i) Before a complaint may be filed with the board as a
3-3 result of a written warning notice that lists specific violations
3-4 of this Act or a rule adopted by the board issued during an
3-5 inspection authorized by this section, the licensee must be given a
3-6 reasonable time, as determined by the board, to comply with this
3-7 Act or rules adopted by the board as provided by this Act.
3-8 SECTION 3. This Act takes effect September 1, 1995.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended.