SRC-AXB, DBM S.B. 730 76(R)BILL ANALYSIS Senate Research CenterS.B. 730 By: Madla Health Services 7/8/1999 Enrolled DIGEST 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) wishes to maximize the effectiveness of the licensing personnel and spread the administrative burden throughout the year by moving to a biennial licensure. During the past legislative session, pharmacists were given permission to administer immunizations and vaccinations when working under a physician's delegated authority and were required to have their immunization training to be "certified" by the board. Graduates of the training programs possessed a consistently high level of competency. S.B. 730 provides licensing and regulation of pharmacists and pharmacies, including the renewal of pharmacy licenses either annually or biennially as determined by the board. PURPOSE As enrolled, S.B. 730 sets forth licensing and regulation of pharmacists and pharmacies. RULEMAKING AUTHORITY Rulemaking authority is granted to the State Board of Pharmacy in SECTION 4 (Sections 20A(c) and 20B(a), Article 4542a-1, V.T.C.S), and the State Board of Pharmacy in consultation with the Texas Department of Insurance in SECTION 10 (Section 42(c), Article 4542a-1, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(7), Article 4542a-1, V.T.C.S., to redefine "Class C pharmacy license" or "institutional pharmacy license." Makes conforming changes. SECTION 2. Amends Sections 17(a) and (b), Article 4542a-1, V.T.C.S., to provide that the Texas State Board of Pharmacy (board) is responsible for the regulation of the practice of pharmacy in this state, including the determination and issuance of recognition and approval standards of pharmacist certification programs, including a requirement that a pharmacist may not use the designation "board certified" unless the pharmacist has attended a certification program that meets board standards. Provides that the board is responsible for the regulation of the training, qualifications, and employment of pharmacy technicians. Deletes text regarding annual registration of balances. Makes conforming changes. SECTION 3. Amends Section 17(o), Article 4542a-1, V.T.C.S., to require, rather than authorize, the board to determine certain standards. Requires the board to maintain a list of board-approved training programs that meet certain standards. Makes conforming and nonsubstantive changes. SECTION 4. Amends Article 4542a-1, V.T.C.S., by adding Sections 20A and B, as follows: Sec. 20A. QUALIFICATIONS AND SUPERVISION OF PHARMACY TECHNICIANS; RULES. Sets forth provisions that the board is required to require of a pharmacy technician in the process of establishing rules. Authorizes the board to allow a technician to petition for special exemption, under certain circumstances. Requires the board to adopt rules regarding nonjudgmental technical duties. Sec. 20B. PHARMACY TECHNICIAN REGISTRATION REQUIRED. Requires a pharmacy technician to register on a certain schedule and on a certain form. Authorizes the board to refuse to issue, renew, or revoke registration, under certain circumstances. Sets forth conclusive evidence as being a certified copy of a certain record. Authorizes the board to adopt a system of registration expiration. Authorizes the board to adopt fees for the registration of pharmacy technicians. SECTION 5. Amends Section 24A(d), Article 4542a-1, V.T.C.S., 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 hours. SECTION 6. Amends Section 27A(g), Article 4542a-1, V.T.C.S., 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 7. Amends Section 28(b), Article 4542-1, V.T.C.S., to provide that a person petitioning for reinstatement has the burden of proof. Makes a conforming change. SECTION 8. Amends Sections 29(a) and (e), Article 4542a-1, V.T.C.S., as follows: (a) Requires a pharmacy license under this Act to be renewed annually or biennially as determined by the board. (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 9. 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 10. Amends Article 4542a-1, V.T.C.S., by adding Section 42, as follows: Sec. 42. DUTY OF PROFESSIONAL LIABILITY INSURER TO REPORT. Sets forth provisions regarding required reporting of certain information by certain entities. Sets forth provisions for the case of a non-insured entity. Sets forth the information required to be furnished to the board by a certain deadline. Requires the board to adopt rules for reporting information. Sets forth additional information that the board is authorized to require. Sets forth liability for the insurer reporting under this section. Sets forth usage guidelines regarding the information required to be submitted to the board. Sets forth confidentiality of the information. Provides that a submitted report is not a complaint requiring board investigation, and provides an exception. Authorizes the Texas Board of Insurance to impose sanctions on any insurer if the insurer fails to report required information. SECTION 11.(a) Effective date: September 1, 1999, except as provided by Subsection (d). (b) Makes application of this Act prospective. (c) Makes application of this Act prospective. (d) Effective date for Sections 20A and B, Article 4542a-1, V.T.C.S.: September 1, 2001. SECTION 12.Emergency clause.