HBA-JRA S.B. 730 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 730 By: Madla Public Health 4/6/1999 Engrossed BACKGROUND AND PURPOSE Currently, there are 19,000 pharmacists and 5,400 pharmacies in the state that are required to renew their licenses annually. The State Board of Pharmacy (board) may be able to maximize the effectiveness of the licensing personnel and relieve some of the administrative burden by moving to a biennial licensure system. S.B. 730 charges the board with determining and issuing standards for pharmacist certification programs and authorizes the renewal of pharmacy licenses either annually or biennially, as determined by the board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(7), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to redefine "Class C pharmacy license" or "institutional pharmacy license." SECTION 2. Amends Sections 17(a) and (b), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to include among the activities that the Texas State Board of Pharmacy (board) is responsible for regulating in their regulation of the practice of pharmacy in this state, the determination and issuance of recognition and approval standards of pharmacist certification programs, including a prohibition against a pharmacist using the designation "board certified" unless the pharmacist has attended a certification program that meets board standards. Deletes the provision that the registration of balances used for the compounding of drugs in pharmacies licensed in this be annual. Makes conforming changes. SECTION 3. Amends Section 24A(d), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to require an applicant who satisfies the continuing education requirement through completion of approved programs to present evidence satisfactory to the board of completion of not fewer than 24, rather than at least 12, hours of continuing education during the preceding 24 months of the applicant's license period. Deletes text authorizing a licensee to carry forward certain a maximum of 12 hours to the next licensing period. SECTION 4. Amends Section 27A(g), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to authorize the board to add a surcharge of not more than $10 for each 12 months in a license period to a license or license renewal fee authorized under this Act to fund the program to aid impaired pharmacists or pharmacy students. SECTION 5. Amends Section 28(b), Article 4542-1, V.T.C.S. (Texas Pharmacy Act), to provide that a person petitioning for reinstatement has the burden of proof. SECTION 6. Amends Sections 29(a) and (e), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), as follows: (a) Provides that a pharmacy license under this Act must be renewed annually or biennially as determined by the board. Previously, a pharmacy license had to be renewed annually. (e) Authorizes the board, with respect to Class C pharmacies, to issue a license to a pharmacy on certification by the appropriate agency that the facility in which the pharmacy is located has substantially completed the requirements for licensing. SECTION 7. Amends Sections 31(d) and (f), Article 4542a-1, V.T.C.S., as follows: (d) Requires the board to remove a pharmacy's name from the register of licensed pharmacies and suspend the license of a pharmacy that does not file a completed application and pay the renewal fee before the license expiration date, rather than June 1 of each year. (f) Authorizes the board to adopt a system in which licenses to operate a pharmacy expire on various dates during the year or every other year, as appropriate. SECTION 8.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 9.Emergency clause.