HBA-MPM H.B. 970 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 970
By: Van de Putte
Public Health
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state law gives the State Board of Pharmacy (board) the
authority to approve pilot and demonstration projects for innovative
applications in the practice of pharmacy.  This law allows the board to
include an "exception to rules" in the approval of these projects,
although, this exception can only be allowed during the term of the pilot
project and must end upon its termination.  H.B. 970 allows the board to
extend an "exception to the rule" to cover the time necessary to propose
and adopt any changes to the rules based on the results of the project. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas State Board of Pharmacy is
modified in SECITON 3 (Article 4542a-1, V.T.C.S. (Texas Pharmacy Act)), of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 17(v), Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), to authorize the Texas State Board of Pharmacy to extend the time an
exception to a rule adopted regarding pilot and demonstration research
projects for innovative applications in the practice of pharmacy is granted
as necessary for the board to adopt an amendment or modification of the
rule. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.