LSL H.B. 1724 75(R) BILL ANALYSIS PUBLIC HEALTH H.B. 1724 By: Berlanga 3-12-97 Committee Report (Unamended) BACKGROUND 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 inadequate. Different requirements apply to these various peer assistance programs, depending on their statutory authorization. This often 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 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. PURPOSE HB 1724 authorizes the Texas State Board of Pharmacy to adopt rules or criteria for the administration of their peer assistance programs so that these programs are in compliance with TCADA rules and guidelines under Chapter 467 of the Health and Safety Code. RULEMAKING AUTHORITY It is the committee's opinion that this bill expressly grants additional rulemaking authority to the State Board of Pharmacy in Section 1 (Section 27A(k), Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 27A, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), by adding Subsection (k), as follows: Subsection (k) requires the State Board of Pharmacy to adopt rules or minimum criteria for the administering or enforcement of peer assistance programs that are at least as strict as those rules or criteria used by the Texas Commission on Alcohol and Drug Abuse and Chapter 467 of the Health and Safety Code. SECTION 2. Emergency Clause. Effective immediately upon passage.