SRC-CDH C.S.S.B. 1774 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1774
By: Lucio
Health & Human Services
5-2-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not provide for a special pharmacy license
regulating pharmacy services in long-term care facilities or permitting a
pharmacy to possess dangerous drugs at any location other than the address
on the pharmacy license.  Instead, the Health and Safety Code entitles
nursing homes and related institutions to maintain an emergency medication
kit for a resident's emergency medication needs.  C.S.S.B. 1774 creates a
Class L pharmacy license, which allows the license holder to dispense
prescription drugs or devices to patients who are residents of long-term
care facilities; and a Class S pharmacy license, or long-term care
pharmacy license, which allows the license holder to maintain a supply of
dangerous drugs and controlled substances at a long-term care facility.
In addition, this legislation deletes existing provisions regarding
maintenance of an emergency medication kit, and sets forth the terms by
which Class L and Class S pharmacies are required to be under continuous
supervision.  

PURPOSE

As proposed, C.S.S.B. 1774 creates a long-term care pharmacy and long-term
care satellite pharmacy license.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 242.161, Health and Safety Code, to provide that
a pharmacy is entitled to maintain a supply of controlled substances and
dangerous drugs for a resident's immediate therapeutic needs, provided the
supply of drugs is maintained in compliance with the Texas Pharmacy Act.
Requires the administration of the controlled substances and dangerous
drugs authorized in this section to comply with all applicable laws.
Deletes existing text regarding an emergency medication kit. 

SECTION 2. Amends Section 5, Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), to redefine "Administrative Procedure Act," and "Class C pharmacy
license."  Defines "Class L pharmacy license" and "Class S pharmacy
license."  Makes conforming changes. 

SECTION 3. Amends Sections 29(b) and (c), Article 4542a-1, V.T.C.S., to
require each pharmacy to apply for a license in one or more of certain
classifications, including a Class L or Class S license. Requires each
pharmacy to be under the supervision of a pharmacist such that a Class L
pharmacy shall be under the continuous on-site supervision of a pharmacist
during the time it is open for pharmacy services; and a Class S pharmacy
shall be under the continuous supervision of a pharmacist whose services
shall be required according to the needs of the pharmacy.   

SECTION 4. Effective date:  September 1, 1997.

SECTION 5. Emergency clause.  



 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 242.161, Health and Safety Code, to delete existing text
regarding an emergency medication kit.   

SECTION 2.

Amends Section 5, Article 4542a-1, V.T.C.S., to redefine "Administrative
Procedure Act" and "Class C pharmacy license."  Defines "Class L pharmacy
license." 

SECTION 3.

Amends Sections 29(b) and (c), Article 4542a-1, V.T.C.S., to require each
pharmacy to apply for a license in one or more of certain classifications,
including a Class L or Class S license.