HBA-JRA S.B. 1086 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1086
By: Lindsay
Public Health
5/5/1999
Engrossed


BACKGROUND AND PURPOSE 

Under current law, the Texas State Board of Pharmacy (board) is authorized
to license community and nuclear pharmacies, as well as pharmacies in
hospitals or other licensed in-patient facilities and clinics.  S.B. 1086
authorizes the board to establish an additional class of pharmacy, if
pharmaceutical services are being offered to the public, an existing class
is not appropriate for the practice setting, and a new class of pharmacy
license is necessary to protect the public health, safety and welfare.
This bill also requires any new class of pharmacy established under this
section to be under the continuous on-site supervision of a pharmacist
while open. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Pharmacy in
SECTION 1 (Section 29, Article 4542a-1, V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 29, Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), by amending Subsections (b) and (c) and adding Subsections (h) and
(i), as follows: 

(b)  Includes another class of pharmacy established by the Texas State
Board of Pharmacy (board) under this section among those classes of
licenses for which a pharmacy is required to apply under this section
(Licensing of Pharmacies). 

(c)  Requires the board, by rule, for any class of pharmacy established by
the board under this section, to require the continuous on-site supervision
of a pharmacist during the time it is open for pharmacy services. 

(h)  Authorizes the board, by rule, to establish an additional class of
pharmacy license if it determines that the practice setting will provide
pharmaceutical care services to the public; an existing class of pharmacy
license is not appropriate for the practice setting; and a new class of
pharmacy license is necessary to protect the public health, safety, and
welfare. 

(i)  Provides that nothing in this Act requires any pharmacy to obtain an
additional class of license for services the pharmacy is currently
providing. 

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.Emergency clause.