Amend SB 730 as follows:
(1) In SECTION 2 of the bill, in Section 17(a), Texas
Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)
(house committee printing, page 4, line 3), strike "of
pharmacist-interns; and" and substitute the following:
of:
(A) pharmacist-interns; and
(B) pharmacy technicians; and
(2) In SECTION 5 of the bill, in Section 28(b), Texas
Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)
(house committee printing, page 6, line 7), strike "license or" and
substitute "license, <or>".
(3) In SECTION 5 of the bill, in Section 28(b), Texas
Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)
(house committee printing, page 6, line 8), between "pharmacy" and
"in" insert ", or pharmacy technician registration".
(4) In SECTION 8 of the bill (house committee printing, page
8, between lines 18 and 19), insert a new Subsection (d) to read as
follows:
(d) Section 20A, Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes), as added by this Act, takes effect
January 1, 2001. Section 20B, Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes), as added by this Act, takes effect
September 1, 2001.
(5) Insert the following appropriately numbered SECTIONS of
the bill and renumber the remaining SECTIONS as appropriate:
SECTION . Section 17(o), Texas Pharmacy Act (Article
4542a-1, Vernon's Texas Civil Statutes), is amended to read as
follows:
(o) The board:
(1) shall establish rules for the use of pharmacy
technicians and the duties of those technicians in pharmacies
licensed by the board, provided that those technicians are
responsible to and directly supervised by a pharmacist licensed by
the board;
(2) <provided however that the board> may not adopt
rules or regulations establishing ratios of pharmacists to pharmacy
technicians in Class C pharmacies; <and>
(3) shall <(2) may> determine and issue standards for
recognition and approval of training programs for pharmacy
technicians; and
(4) shall maintain a list of board-approved training
programs that meet the standards under Subdivision (3) of this
subsection.
SECTION . The Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes) is amended by adding Sections 20A
and 20B to read as follows:
Sec. 20A. QUALIFICATIONS AND SUPERVISION OF PHARMACY
TECHNICIANS; RULES. (a) In establishing rules under Section 17(o)
of this Act, the board shall require that a pharmacy technician:
(1) have a high school diploma or a high school
equivalency certificate or be working to achieve an equivalent
diploma or certificate; and
(2) have passed a board-approved pharmacy technician
certification examination.
(b) The board may allow a technician to petition the board
for a special exemption from the technician certification
requirement if the technician:
(1) is in a county with a population of less than
50,000; or
(2) on September 1, 2001, has been employed as a
pharmacy technician in this state for at least 10 years and the
technician's employer approves the petition.
(c) The board shall adopt rules that permit a pharmacy
technician to perform only nonjudgmental technical duties under the
direct supervision of a pharmacist.
Sec. 20B. PHARMACY TECHNICIAN REGISTRATION REQUIRED. (a) A
pharmacy technician must register with the board annually or
biennially, as determined by board rule, on a form prescribed by
the board.
(b) The board may refuse to issue or renew a registration or
may suspend or revoke any registration issued by the board if the
board determines that the applicant or registrant has:
(1) violated this Act or a rule adopted under this
Act;
(2) engaged in gross immorality as that term is
defined by the rules of the board;
(3) engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in seeking a registration to act as a pharmacy technician;
(4) been convicted of a misdemeanor involving moral
turpitude or a felony;
(5) a drug or alcohol dependency;
(6) violated the Texas Controlled Substances Act
(Chapter 481, Health and Safety Code) or Texas Dangerous Drug Act
(Chapter 483, Health and Safety Code) or rules relating to those
acts, Sections 485.031-485.035, Health and Safety Code, or a rule
adopted under Section 485.011, Health and Safety Code;
(7) violated the pharmacy or drug laws or rules of
this state, another state, or the United States; or
(8) had a registration as a pharmacy technician issued
by another state revoked, surrendered, or suspended for conduct
substantially equivalent to conduct described in Subdivisions (1)
through (6) of this subsection.
(c) a certified copy of the record of a state taking action
described by Subsection (b)(8) of this section is conclusive
evidence of the action taken by the state.
(d) The board may adopt a system in which the registrations
of pharmacy technicians expire on various dates during the year.
(e) The board may adopt fees as necessary for the
registration of pharmacy technicians.
SECTION_____. The Texas Pharmacy Act (Article 4542a-1,
Vernon's Texas Civil Statutes) is amended by adding Section 42 to
read as follows:
Sec. 42. DUTY OF PROFESSIONAL LIABILITY INSURER TO
REPORT. (a) Every insurer or other entity providing pharmacist's
professional liability insurance, pharmacy technician professional
and supplemental liability insurance, or druggist's professional
liability insurance covering a pharmacist, pharmacy technician, or
pharmacy license holder in this state shall submit to the board the
information described in Subsections (b) and (c) of this section at
the time prescribed. The information shall be provided with respect
to a notice of claim letter or complaint filed against an insured
in a court, if the notice or complaint seeks damages relating to
the insured's conduct in providing or failing to provide
appropriate service within the scope of pharmaceutical care or
services, and with respect to settlement of a claim or lawsuit made
on behalf of the insured. If a pharmacist, pharmacy technician, or
a pharmacy licensed in this state does not carry or is not covered
by pharmacist's professional liability insurance, pharmacy
technician professional and supplemental liability insurance, or
druggist's professional liability insurance and is insured by a
nonadmitted carrier or other entity providing pharmacy professional
liability insurance that does not report under this Act, the duty
to report information under Subsections (b) and (c) of this section
is the responsibility of the pharmacist, pharmacy technician, or
pharmacy license holder.
(b) The following information must be furnished to the board
not later than the 30th day after receipt by the insurer of the
notice of claim letter or complaint from the insured:
(1) the name of the insured and the insured's Texas
pharmacy technician registration number or pharmacist or pharmacy
license number;
(2) the policy number; and
(3) a copy of the notice of claim letter or complaint.
(c) The board shall, in consultation with the Texas
Department of Insurance, adopt rules for reporting additional
information as the board may require. Other claim reports required
under state and federal law shall be considered in determining the
information to be reported, the form of the report, and frequency
of reporting under the rules. Additional information that the board
may require may include:
(1) the date of any judgment, dismissal, or
settlement; and
(2) whether an appeal has been taken and by which
party.
(d) An insurer reporting under this section, its agents or
employees, or the board or its employees or representatives are not
liable for damages in a suit brought by any person or entity for
reporting as required by this section or for any other action taken
under this section.
(e) Information submitted to the board under this section
and the fact that the information has been submitted to the board
may not be:
(1) offered in evidence or used in any manner in the
trial of a suit described in this section; or
(2) used in any manner to determine the eligibility or
credentialing of a pharmacy to participate in a health insurance
plan defined by the Insurance Code.
(f) Information submitted under this section is confidential
and is not subject to disclosure under Chapter 552, Government
Code. The board shall adopt rules to ensure the confidentiality of
information submitted under this section.
(g) The board shall review the information relating to a
pharmacist, pharmacy technician, or pharmacy license holder against
whom at least three professional liability claims have been
reported within a five-year period in the same manner as if a
complaint against the pharmacist, pharmacy technician, or pharmacy
license holder had been made under Section 17A of this Act.
(h) The Texas Department of Insurance may impose on any
insurer subject to this Act sanctions authorized by Section 7,
Article 1.10, Insurance Code, if the insurer fails to report
information as required by this section.