SRC-JXG S.B. 931 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 931
76R2987 KEL-FBy: Madla
Health Services
3/22/1999
As Filed


DIGEST 

Currently, there is an extreme shortage of pharmacists in Texas, and across
the nation. There are limited federal dollars available to fund hospital
pharmacy residency programs. However, the pharmacy residency program  alone
will not solve the pharmacist shortage, because the program only funds
programs in hospitals. S.B. 931 establishes the Roberta High Memorial
Pharmacy Residency Program, with partial funding to be used from the Texas
State Board of Pharmacy's account within the General Revenue Fund of the
State of Texas. 

PURPOSE

As proposed, S.B. 931 establishes the Roberta High Memorial Pharmacy
Residency Program to alleviate the shortage of pharmacists. 

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 Chapter 61, Education Code, by adding Subchapter T, as
follows: 

SUBCHAPTER T. ROBERTA HIGH MEMORIAL
PHARMACY RESIDENCY PROGRAM

Sec. 61.851. DEFINITIONS. Defines "community pharmacy," "compensation,"
"faculty preceptor," "institutional pharmacy," "nuclear pharmacy,"
"pharmacy residency program," "primary teaching pharmacy," "resident
pharmacist," and "school of pharmacy." 

Sec. 61.852. COMPENSATION OF RESIDENT PHARMACIST. Requires a school of
pharmacy to compensate each resident pharmacist being educated, trained,
developed, and prepared for a career in pharmacy while the person is
undergoing education, training, development, and preparation at or under
the direction and supervision of the school. 

Sec. 61.853. NUMBER OF AVAILABLE RESIDENT PHARMACIST POSITIONS. Prohibits
the total number of compensated first-year resident pharmacists from
exceeding 50 percent of the total number of persons in the preceding year's
combined graduating classes of all schools of pharmacy, in each year.
Requires at least 50 percent of the combined total number of resident
pharmacist positions to be in community pharmacy practice. 

Sec. 61.854. PREFERENCE TO APPLICANT FOR PRACTICE IN MEDICALLY UNDERSERVED
AREAS. Requires each school to give priority consideration to an applicant
for a resident pharmacist position who demonstrates a willingness to
practice pharmacy in medically underserved areas of this state, as defined
by the Texas Department of Health. 

Sec. 61.855. DURATION OF PHARMACIST RESIDENCY. Prohibits a person from
holding a resident pharmacist  position for more than two years, or for a
period longer than the period usually required for a resident pharmacist to
complete a graduate pharmacy  education program approved by the Texas State
Board of Pharmacy for the specialty in which the resident pharmacist seeks
certification.   

Sec. 61.856. PROGRAM FUNDING. Authorizes the legislature to appropriate
revenue to the Texas Higher Education Coordinating Board (board) to fund
the pharmacy residency program. Prohibits funds appropriated and
distributed under this subchapter from being transferred or diverted from
the pharmacy residency program. Requires the comptroller to issue a warrant
to a pharmacy school or other entity designated by the board to receive
funds under this subchapter from program funds.  

Sec. 61.857. STATE SUPPORT OF RESIDENT PHARMACIST COMPENSATION. Authorizes
the board to provide grants to schools of pharmacy in amounts not to exceed
$10,000 in a fiscal year for each resident pharmacist position approved by
the board and filled by the applicable school for that year to supplement
the compensation of resident pharmacists. Authorizes a school of pharmacy
to receive funds under this section for a resident pharmacist position in
any year, only if the school and the primary teaching pharmacy each
contribute at least $10,000 toward the compensation of the resident
pharmacist for that year. Requires the school of pharmacy to reduce
proportionately the compensation paid to the person to cover only the part
of the fiscal year during which the person performed duties as a resident
pharmacist, if a resident pharmacist does not perform in that capacity
during an entire fiscal year. Requires the school of pharmacy to reduce the
compensation that would otherwise be paid to the person by an amount equal
to the amount of the compensation received from the agency or institution,
if a person is compensated by an agency or institution of the federal
government or by any other agency or institution, other than a primary
teaching pharmacy, for the person's performance as a resident pharmacist.
Provides that the compensation that may be paid to the resident pharmacist
from funds awarded for that position under this section is reduced by the
amount received from the other agency or institution, if the school
receives from an agency or institution of the federal government or from
any other agency or institution, other than a primary teaching pharmacy,
compensation for a person's performance of duties as a resident pharmacist
to or for the benefit of the agency or institution. Requires a resident
pharmacist to enroll for at least nine semester credit hours each fall and
spring semester and for at least six semester credit hours each summer term
in graduate pharmacy education experiential courses to qualify for
supplemental compensation provided under this section. Provides that the
resident pharmacist is exempt from fees required for enrollment, other than
tuition.  

Sec. 61.858. PLACEMENT OF RESIDENT PHARMACISTS IF FULL FUNDING NOT
AVAILABLE. Authorizes the school to assign and place for education and
training a resident pharmacist who cannot be supported adequately with
available funds in primary teaching pharmacy with which the school has a
resident pharmacist affiliation agreement, if a school of pharmacy
determines that it does not have sufficient available funds from
legislative appropriations and other sources to support adequately the full
number of resident pharmacists that the school considers necessary to carry
out the purposes of the school. Requires the resident pharmacist to receive
compensation primarily from the pharmacy, during the period for which a
resident pharmacist is assigned and placed in a primary teaching pharmacy
under this section. Requires a resident pharmacist affiliation agreement
between the school and the primary teaching pharmacy to describe the exact
method and manner of compensating the resident pharmacist.  

Sec. 61.859. ADDITIONAL FUNDING TO SUPPORT GRADUATE PHARMACY EDUCATION
PROGRAMS. Requires the board to administer a program to support graduate
pharmacy education programs in this state consistent with the needs of this
state for graduate pharmacy education and the training of resident
pharmacists in appropriate fields and specialities. Authorizes the board to
make grants or formula distributions to certain schools of pharmacy or
other entities from funds available to the program. Requires a school or
other entity to incur the costs of faculty education or supervision in a
graduate pharmacy education program to be eligible for a grant or
distribution under this section. Requires the board to take those incurred
costs into account in making grants or formula distributions under this
section. Provides that the program is funded by appropriations, by gifts,
grants, and donations  made to support the program, and by any other funds
the board obtains for the program, including federal funds. Authorizes an
amount granted or distributed to a school or other entity under the program
to be used only to cover expenses of training resident pharmacists
participating in the particular program or activity for which the grant or
distribution is made in accordance with any conditions imposed by the
board. Prohibits the amount from being spent for the general support of the
school or other entity. 

Sec. 61.860. ADVISORY COMMITTEE. Requires the board to appoint an advisory
committee to advise the board regarding the development and administration
of the pharmacy residency program, including evaluating requests for grants
and establishing formulas for distribution of funds under the program. Sets
forth members of the advisory committee. Requires two members to be active
in community pharmacy practice, and two to be active in hospital pharmacy
practice, of the pharmacist members in private practice. Provides that
members of the advisory committee serve staggered three-year terms.
Requires the board to appoint the initial members to terms of one, two,
three years as necessary so that one-third of the members' terms expire
each year, as nearly as practicable. Requires the advisory committee to
elect one of its members as presiding officer for a one-year term. Requires
the advisory committee to meet at least once each year and as often as
requested by the board or called into meeting by the committee's presiding
officer. Prohibits a member of the advisory committee from receiving
compensation for committee service, but may receive reimbursement for
travel to official meetings according to policies established by the board. 

Sec. 61.861. DUTIES OF ADVISORY COMMITTEE. Sets forth duties of the
advisory committee's review of recommendations for applications for
funding.  

Sec. 61.862. APPLICATION BY SCHOOL OF PHARMACY FOR FUNDING. Requires a
school of pharmacy to include certain information in an application for
funds under this subchapter. 

Sec. 61.863. FUNDING OF FACULTY PRECEPTOR POSITIONS. Authorizes a school of
pharmacy to apply and receive a grant under this section to support
full-time, affiliated faculty preceptors who supervise accredited pharmacy
residencies. Requires the advisory committee to recommend to the board an
allocation of faculty preceptor positions that are to receive funds under
this section. Requires allocation of funds under this section to take into
account certain factors. Requires the board to continue to grant funds to
support that position for a period not to exceed one additional calendar
year, once funds are granted to support a faculty preceptor position
affiliated with a school. Requires the school to provide an amount equal to
the annualized amount of the grant in its operating budget to maintain the
level of compensation for the position for two years after the grant period
has ended, after that time. Authorizes the board to use no more than 10
percent of the total amount appropriated for the pharmacy residency program
under this subchapter to fund faculty preceptor positions under this
section. Authorizes the board to solicit, receive, and spend grants, gifts,
and donations from public and private sources for purposes of this section. 


SECTION 2. (a) Requires the comptroller to transfer $850,000 from the State
Board of Pharmacy fund account to the undedicated portion of the general
revenue fund on the effective date of this Act.  

(b) Authorizes the legislature to appropriate funds transferred under
Subsection (a) of this section only for the pharmacy residency program
established under Chapter 61T, Education Code, as added by this Act. 


SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.