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.