SRC-HRD H.B. 1724 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1724
By: Delisi (Madla)
Health & Human Services
4-28-97
Engrossed


DIGEST 

Under Chapter 467 of the Health and Safety Code, certain professional
licensing boards may establish or approve peer assistance programs
designed to help professionals impaired by substance abuse or mental
illness.  Licensing boards that offer these programs include the Board of
Nurse Examiners, the Board of Vocational Nurse Examiners, the Board of
Dental Examiners, and the Board of Veterinary Examiners.             

Currently, the oversight of peer assistance programs is reportedly
inadequate.  Different requirements apply to these various peer assistance
programs, depending on their statutory authorization.  This sometimes
results in inconsistencies among programs or programs that are in
violation with the Texas Commission on Alcohol and Drug Abuse (TCADA)
rules.       

It is unclear how or if each licensing board monitors its peer assistance
programs for compliance with these rules. For example, the Texas State
Board of Pharmacy offers a program authorized by the Texas Pharmacy Act,
and it is  not subject to Chapter 467 of the Health and Safety Code.
H.B. 1724 would authorize the Texas State Board of Pharmacy to adopt rules
or criteria for the administration of its peer assistance programs so that
these programs are in compliance with TCADA rules and guidelines under
Chapter 467 of the Health and Safety Code. 

PURPOSE

As proposed, H.B. 1724 authorizes the Texas State Board of Pharmacy to
adopt rules or criteria for the administration of its peer assistance
programs so that these programs are in compliance with the Texas
Commission on Alcohol and Drug Abuse rules and guidelines under Chapter
467 of the Health and Safety Code. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Pharmacy under
SECTION 1 (Section 27A(k), Article 4542a-1, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 27A, Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), by adding Subsection (k), to require the State Board of Pharmacy
(board), in administering and enforcing this section, to adopt rules or
minimum criteria that are at least as strict as the rules or minimum
criteria for the administration or enforcement of a peer assistance
program adopted by the Texas Commission on Alcohol and Drug Abuse under
Chapter 467, Health and Safety Code. 

SECTION 2. Emergency clause.
  Effective date: upon passage.