1-1 By: Van de Putte (Senate Sponsor - Madla) H.B. No. 1505
1-2 (In the Senate - Received from the House April 21, 1995;
1-3 April 24, 1995, read first time and referred to Committee on Health
1-4 and Human Services; May 3, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 May 3, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1505 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of the Texas State Board of Pharmacy to
1-11 inspect certain facilities and register and inspect certain
1-12 equipment and to file a complaint resulting from the inspection.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (b), Section 17, Texas Pharmacy Act
1-15 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-16 read as follows:
1-17 (b) The board has the following responsibilities relating to
1-18 the practice of pharmacy and to prescription drugs and devices used
1-19 in this state in the diagnosis, mitigation, and treatment or
1-20 prevention of injury, illness, and disease:
1-21 (1) regulation of the delivery or distribution of
1-22 prescription drugs and devices, including the right to seize, after
1-23 notice and hearing, any prescription drugs or devices posing a
1-24 hazard to the public health and welfare, but the board may not
1-25 regulate:
1-26 (A) manufacturers' representatives or employees
1-27 acting in the normal course of business;
1-28 (B) persons engaged in the wholesale drug
1-29 business and registered with the commissioner of health as provided
1-30 by Chapter 431, Health and Safety Code; or
1-31 (C) employees of persons engaged in the
1-32 wholesale drug business and registered with the commissioner of
1-33 health as provided by Chapter 431, Health and Safety Code, if the
1-34 employees are acting in the normal course of business;
1-35 (2) specification of minimum standards for
1-36 professional environment, technical equipment, and security in the
1-37 prescription dispensing area;
1-38 (3) specification of minimum standards for drug
1-39 storage, maintenance of prescription drug records, and procedures
1-40 for the delivery, dispensing in a suitable container appropriately
1-41 labeled, providing of prescription drugs or devices, monitoring of
1-42 drug therapy, and counseling of patients on proper use of
1-43 prescription drugs and devices within the practice of pharmacy;
1-44 <and>
1-45 (4) adoption of rules regulating a prescription drug
1-46 order or medication order transmitted by electronic means; and
1-47 (5) annual registration of balances used for the
1-48 compounding of drugs in pharmacies licensed in this state and the
1-49 periodic inspection of such balances to verify accuracy.
1-50 SECTION 2. Subsections (a) and (i), Section 18, Texas
1-51 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
1-52 amended to read as follows:
1-53 (a) In this section, "facility" means:
1-54 (1) a place that has applied for licensing as a
1-55 pharmacy under this Act;
1-56 (2) a place licensed as a pharmacy under this Act;
1-57 <or>
1-58 (3) a place operating as a pharmacy in violation of
1-59 this Act; or
1-60 (4) a place where the practice of pharmacy occurs.
1-61 (i) Before a complaint may be filed with the board as a
1-62 result of a written warning notice that lists specific violations
1-63 of this Act or a rule adopted by the board issued during an
1-64 inspection authorized by this section, the licensee must be given a
1-65 reasonable time, as determined by the board, to comply with this
1-66 Act or rules adopted by the board as provided by this Act.
1-67 SECTION 3. This Act takes effect September 1, 1995.
1-68 SECTION 4. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended.
2-5 * * * * *