By Madla S.B. No. 608
75R4785 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirements of probation for a licensed
1-3 pharmacist.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28(a), Texas Pharmacy Act (Article
1-6 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 (a) On the finding of the existence of grounds for
1-9 discipline of any person holding a license or seeking a license or
1-10 a renewal license under this Act, the board may impose one or more
1-11 of the following penalties:
1-12 (1) suspension of the offender's license;
1-13 (2) revocation of the offender's license;
1-14 (3) restriction of the offender's license to prohibit
1-15 the offender from performing certain acts or from engaging in the
1-16 practice of pharmacy or operating a pharmacy in a particular manner
1-17 for a term and under conditions to be determined by the board;
1-18 (4) imposition of an administrative penalty under
1-19 Section 28B of this Act;
1-20 (5) refusal to issue or renew the offender's license;
1-21 (6) placement of the offender's license on probation
1-22 and supervision by the board for a period to be determined by the
1-23 board and imposition of a requirement that the licensee perform one
1-24 or more of the following:
2-1 (A) report regularly to the board on matters
2-2 that are the basis of the probation;
2-3 (B) limit practice to the areas prescribed by
2-4 the board; [or]
2-5 (C) continue or review professional education
2-6 until the licensee attains a degree of skill satisfactory to the
2-7 board in those areas that are the basis of the probation; or
2-8 (D) pay the board a probation fee as provided by
2-9 Section 39(b) of this Act;
2-10 (7) reprimand;
2-11 (8) cancellation of the offender's license;
2-12 (9) retirement of the offender's license as provided
2-13 by board rule; or
2-14 (10) imposition of a civil penalty that does not
2-15 exceed $1,000 for each day of each violation and that may be
2-16 collected in a suit initiated by the board.
2-17 SECTION 2. Section 39, Texas Pharmacy Act (Article 4542a-1,
2-18 Vernon's Texas Civil Statutes), is amended to read as follows:
2-19 Sec. 39. FEES. (a) The board by rule shall establish
2-20 reasonable and necessary fees so that the fees, in the aggregate,
2-21 produce sufficient revenue to cover the cost of administering this
2-22 Act.
2-23 (b) In an order or decision issued by the board in a
2-24 disciplinary proceeding in which a license holder's license is
2-25 placed on probation, the board may order the license holder to pay
2-26 a probation fee to the board during the license holder's probation
2-27 period. The board shall deposit funds collected under this
3-1 subsection in the account under Section 17(g) of this Act. Funds
3-2 deposited under this subsection may be spent only to defer the
3-3 costs of monitoring the license holder during the license holder's
3-4 probation period.
3-5 SECTION 3. This Act takes effect September 1, 1997, and
3-6 applies only to a disciplinary proceeding initiated by the Texas
3-7 State Board of Pharmacy on or after that date. A disciplinary
3-8 proceeding initiated before the effective date of this Act is
3-9 governed by the law in effect at the time the proceeding was
3-10 initiated, and the former law is continued in effect for that
3-11 purpose.
3-12 SECTION 4. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.