SRC-DBM S.B. 730 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 730
76R5713  JMM-FBy: Madla
Health Services
3/11/1999
As Filed


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 would provide licensing and regulation of
pharmacists and pharmacies, including the renewal of pharmacy licenses
either annually or biennially as determined by the board.   

PURPOSE

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

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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."  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.
Deletes text regarding annual registration of balances.  Makes conforming
changes. 

SECTION 3. 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 4.  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 5.  Amends Section 28(b), Article 4542-1, V.T.C.S., 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., 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 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.