SRC-DBM, JXG C.S.S.B. 1889 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 1889
76R15167 MCK-FBy: Nelson
Health Services
5/10/1999
Committee Report (Substituted)


DIGEST 

Currently, pharmacy technicians working in Texas are not required to be
certified.  The Texas Board of Pharmacy is considering rules which would
set minimum standards and require certification of pharmacy technicians.
There have been instances where untrained children are filling
prescriptions, labeling medication bottles, and dispensing drugs without
the appropriate oversight of a pharmacist. C.S.S.B. 1889 would regulate
pharmacy technicians and the reporting of professional liability claims
regarding the practice of pharmacy. 

PURPOSE

As proposed, C.S.S.B. 1889 regulates pharmacy technicians and the reporting
of professional liability claims regarding the practice of pharmacy. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas State Board of Pharmacy in
SECTIONS 2 and 5 (Sections 20A(c), 20B(a), and 42(c), Article 4542a-1,
V.T.C.S.) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 17, Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), by amending Subsections (a) and (o), as follows:  

(a) Provides that the Texas State Board of Pharmacy (board) is responsible
for the regulation of the practice of pharmacy in this state, including the
regulation of the training, qualifications, and employment of pharmacy
technicians.  Makes conforming changes.   
 
(o) Requires the board to determine and issue standards for recognition and
approval of training programs for pharmacy technicians, and to maintain a
list of board-approved training programs that meet the standards under
Subdivision (3) of this subsection.  Makes conforming changes and
nonsubstantive changes. 

SECTION 2.  Amends Article 4542a-1, V.T.C.S., by adding Sections 20A and
20B, as follows: 

Sec. 20A.  QUALIFICATIONS FOR AND SUPERVISION OF PHARMACY TECHNICIANS;
RULES.  Requires the board to require that a pharmacy technician have a
high school diploma or a high school equivalency certificate or be working
to achieve an equivalent diploma or certificate, and have passed a
board-approved pharmacy technician certification examination; and provide
that the ratio of pharmacist technicians to supervising pharmacists not
exceed two-to-one.  Authorizes the board to allow a technician in a county
with a population of less than 50,000 to petition the board for a special
exemption from the technician certification requirement.  Authorizes the
board to adopt rules that permit a pharmacy technician to perform only
nonjudgmental technical duties under the direct supervision of a
pharmacist. 
 
Sec. 20B.  PHARMACY TECHNICIAN REGISTRATION REQUIRED. Requires a pharmacy
technician to register with the board annually or biennially, as determined
by board rule, on a form prescribed by the board.  Authorizes the board to
refuse to issue or renew a  registration or to suspend or revoke any
registration issued by the board if the board determines that the applicant
or registrant has committed certain violations.  Provides that a certified
copy of the record of a state taking action described by Subsection (b)(8)
of this section is conclusive evidence of the action taken by the state.
Authorizes the board to adopt a system in which the registrations of
pharmacy technicians expire on various dates during the year.  Authorizes
the board to adopt fees as necessary for the registration of pharmacy
technicians. 

SECTION 3.  Amends Section 27, Article 4542a-1, V.T.C.S., to provide that
the Health Care Quality Improvement Act of 1986 (Pub. L. No. 99-660)
applies to a professional review action taken by a professional review body
in this state on or after September 1, 1999.  Makes a conforming change.  

SECTION 4. Amends Section 28(b), Article 4542a-1, V.T.C.S., to authorize a
person whose pharmacy technician registration in this state has been
canceled, revoked, or restricted under this Act, to petition the board for
reinstatement or removal of restriction of the license, after 12 months
from the effective date of the cancellation, revocation, or restriction.
Provides that a  person petitioning for reinstatement has the burden of
proof. 

SECTION 5.  Amends Article 4542a-1, V.T.C.S., by adding Section 42, as
follows: 

Sec. 42.  DUTY OF PROFESSIONAL LIABILITY INSURER TO REPORT.  (a) Requires
every insurer or other entity providing pharmacist's professional liability
insurance, pharmacy technician professional and supplemental liability
insurance, or druggist's professional liability insurance covering a
pharmacist, pharmacy technician, or pharmacy license holder in this state
to submit to the board the information described in Subsections (b) and (c)
of this section at the time prescribed.  Requires the information to be
provided with respect to a notice of claim letter or complaint filed
against an insured in a court, if the notice or complaint seeks damages
relating to the insured's conduct in providing or failing to provide
appropriate service within the scope of pharmaceutical care or services,
and with respect to settlement of a claim or lawsuit made on behalf of the
insured.  Provides that the duty to report information under Subsections
(b) and (c) of this section is the responsibility of the pharmacist,
pharmacy technician, or pharmacy license holder, if a pharmacist, pharmacy
technician, or a pharmacy licensed in this state does not carry or is not
covered by pharmacist's professional liability insurance, pharmacy
technician professional and supplemental liability insurance, or druggist's
professional liability insurance and is insured by a nonadmitted carrier or
other entity providing pharmacy professional liability insurance that does
not report under this Act.   

(b) Sets forth information required to be furnished to the board no later
than the 30th day after receipt by the insurer of the notice of claim
letter or complaint from the insured.   

(c) Authorizes the board  to adopt rules for reporting additional
information as the board may require, in consultation with the Texas
Department of Insurance (TDI).  Requires other claim reports required under
state and federal law to be considered in determining the information to be
reported, the form of the report, and frequency of reporting under the
rules.  Authorizes the board to require additional information including
the date of any judgment, dismissal, or settlement, whether an appeal has
been taken and by which party, and the amount of any settlement or judgment
against the insured. 

(d) Provides that an insurer reporting under this section, its agents or
employees, or the board or its employees or representatives is not liable
for damages in a suit brought by any person or entity for reporting as
required by this section or for any other action taken under this section. 

(e) Prohibits information submitted to the board under this section and the
fact that the information has been submitted to the board from being
offered in evidence or used in any manner in the trial of a suit described
in this section. 

(f) Requires the board to review the information relating to a pharmacist,
pharmacy  technician, or pharmacy license holder against whom at least
three professional liability claims have been reported within a five-year
period in the same manner as if a complaint against the pharmacist,
pharmacist technician, or pharmacy license holder had been made under
Section 17A of this Act. 

(g) Authorizes TDI to impose on any insurer subject to this Act sanctions
authorized by Section 7, Article 1.10, Insurance Code, if the insurer fails
to report information as required by this section. 

SECTION 6. (a) Effective date: September 1, 1999, except as provided by
Subsection (b) of this section. 
 
 (b) Effective date  for Section 20B, Article 4542a-1, V.T.C.S.: January 1,
2001. 

SECTION 7. Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Relating clause.

Amends the relating clause to relating to the regulation of pharmacy
technicians and the reporting of professional liability claims regarding
the practice of pharmacy. 

SECTION 1.

Adds Subsection (a),  for Section 20B, Article 4542a-1, V.T.C.S. to provide
that the board is responsible for the regulation of the practice of
pharmacy in this state, including the regulation of the training,
qualifications, and employment of pharmacy technicians.  Makes conforming
changes.   
 
Amends Subsection (o), Article 4542a-1, V.T.C.S., to require the board to
maintain a list of board-approved training programs that meet the standards
under Subdivision (3) of this subsection. Reinstates previously deleted
text prohibiting the board from adopting rules or regulation establishing
ratios of pharmacists to pharmacy technicians in Class C pharmacies. Makes
a conforming change. 

SECTION 2. 

Amends Section 20A, Article 4542a-1, V.T.C.S., to require the board to
require that a pharmacy technician have a high school diploma or a high
school equivalency certificate or be working to achieve an equivalent
diploma or certificate, and have passed a boardapproved pharmacy technician
certification examination; and provide that the ratio of pharmacist
technicians to supervising pharmacists not exceed two-to-one.  Deletes text
regarding a General Educational Development certificate, and national
pharmacy technician certification program of the Pharmacy Technician
Certification Board,  and support personnel. 

Adds Subsection (b), Article 4542a-1, V.T.C.S., to authorize the board to
allow a technician in a county with a population of less than 50,000 to
petition the board for a special exemption from the technician
certification requirement. 

Adds Subsection (c), Article 4542a-1, V.T.C.S., to authorize the board to
adopt rules that permit a pharmacy technician to perform only nonjudgmental
technical duties under the direct supervision of a pharmacist. 

Adds Section 20B, Article 4542a-1, V.T.C.S., regarding required pharmacy
technician registration. 

 SECTION 3.

Adds Section 27, Article 4542a-1, V.T.C.S., to provide that the Health Care
Quality Improvement Act of 1986 (Pub. L. No. 99-660) applies to a
professional review action taken by a professional review body in this
state on or after September 1, 1999.  Makes a conforming change.
Redesignates the effective date of September 1, 1999 to SECTION 6. 
Deletes text requiring the rule of the Texas State Board of Pharmacy
requiring that technicians pass the national pharmacy technician
certification program, as provided by Subdivision (2), Section 20A (Article
4542a-1, V.T.C.S. (Texas Pharmacy Act)), as added by this Act, to be
effective September 1, 1999. 

SECTION 4.

Adds Section 28(b), Article 4542a-1, V.T.C.S., to authorize a person whose
pharmacy technician registration in this state has been canceled, revoked,
or restricted under this Act, to petition the board for reinstatement or
removal of restriction of the license, after 12 months from the effective
date of the cancellation, revocation, or restriction.  Provides that a
person petitioning for reinstatement has the burden of proof.  Redesignates
the emergency clause to SECTION 7. 

SECTION 5.

 Adds SECTION 5, regarding the duty of a professional liability insurer to
report.  

SECTION 6.

Adds the effective date of September 1, 1999, except as provided by
Subsection (b) of this section. 
 
 Adds the effective date of January 1, 2001 for Section 20B, Article
4542a-1, V.T.C.S. 

SECTION 7. 

 Adds the emergency clause.