Senate Research CenterS.B. 730
By: Madla
Health Services


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.   


As enrolled, S.B. 730 sets forth licensing and regulation of pharmacists
and pharmacies. 


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 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: 

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. 

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

(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

(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

SECTION 10.  Amends Article 4542a-1, V.T.C.S., by adding Section 42, as

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.