By Madla S.B. No. 730
76R5713 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the licensing and regulation of pharmacists and
1-3 pharmacies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5(7), Texas Pharmacy Act (Article
1-6 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
1-7 follows:
1-8 (7) "Class C pharmacy license" or "institutional
1-9 pharmacy license" means a license issued to a pharmacy located in:
1-10 (A) a hospital or other in-patient facility that
1-11 is licensed under Chapter 241 or 577, Health and Safety Code;[, or
1-12 Chapter 6, Texas Mental Health Code (Article 5547-1 et seq.,
1-13 Vernon's Texas Civil Statutes),]
1-14 (B) [to] a hospice in-patient facility that is
1-15 licensed under Chapter 142, Health and Safety Code; [, or]
1-16 (C) an ambulatory surgical center licensed under
1-17 Chapter 243, Health and Safety Code; or
1-18 (D) [to a pharmacy located in] a hospital
1-19 maintained or operated by the state.
1-20 SECTION 2. Sections 17(a) and (b), Texas Pharmacy Act
1-21 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
1-22 read as follows:
1-23 (a) The board is responsible for the regulation of the
1-24 practice of pharmacy in this state, including the following:
2-1 (1) the licensing by examination or by reciprocity of
2-2 applicants who are qualified to engage in the practice of pharmacy
2-3 and the licensing of pharmacies under this Act;
2-4 (2) the renewal of licenses to engage in the practice
2-5 of pharmacy and licenses to operate pharmacies;
2-6 (3) the determination and issuance of standards for
2-7 recognition and approval of degree requirements of colleges of
2-8 pharmacy whose graduates shall be eligible for licensing in this
2-9 state and the specification and enforcement of requirements for
2-10 practical training, including internship;
2-11 (4) the determination and issuance of standards for
2-12 recognition and approval of pharmacist certification programs,
2-13 including a requirement that a pharmacist may not use the
2-14 designation "board certified" unless the pharmacist has attended a
2-15 certification program that meets board standards;
2-16 (5) the enforcement of those provisions of this Act
2-17 relating to the conduct or competence of pharmacists practicing in
2-18 this state and the conduct of pharmacies operating in this state
2-19 and the suspension, revocation, fining, reprimanding, cancellation,
2-20 or restriction of licenses to engage in the practice of pharmacy or
2-21 to operate a pharmacy;
2-22 (6) [(5)] the specifications of conditions under which
2-23 a pharmacist may administer medications, including immunizations
2-24 and vaccinations, which at a minimum shall include the following:
2-25 (A) a licensed health care provider authorized
2-26 to administer the medication is not reasonably available to
2-27 administer the medication;
3-1 (B) failure to administer the medication, other
3-2 than an immunization or vaccination, might result in a significant
3-3 delay or interruption of a critical phase of drug therapy;
3-4 (C) the pharmacist possesses the necessary
3-5 skill, education, and certification to administer the medication as
3-6 specified by the board;
3-7 (D) the pharmacist notifies the appropriate
3-8 licensed health care provider responsible for the patient's care
3-9 within a reasonable time that the medication was administered;
3-10 (E) a pharmacist may not administer medications
3-11 to a patient where the patient resides, except in a licensed
3-12 nursing home or hospital;
3-13 (F) the pharmacist administers immunizations or
3-14 vaccinations under a physician's written protocol and meets the
3-15 standards established by the board;
3-16 (G) the authority of the pharmacist to
3-17 administer medications may not be delegated;
3-18 (H) nothing in this subdivision shall be
3-19 construed to prohibit a pharmacist from preparing or manipulating
3-20 biotechnological agents or devices; and
3-21 (I) nothing in this subdivision shall be
3-22 construed as prohibiting a pharmacist from performing an act
3-23 delegated by a physician in accordance with the provisions of
3-24 Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
3-25 Vernon's Texas Civil Statutes), and the pharmacist performing such
3-26 a delegated medical act shall be considered to be performing a
3-27 medical act and not as engaged in the practice of pharmacy;
4-1 (7) [(6)] the regulation of the training,
4-2 qualifications, and employment of pharmacist-interns; and
4-3 (8) [(7)] the enforcement of this Act and any rules
4-4 adopted under this Act.
4-5 (b) The board has the following responsibilities relating to
4-6 the practice of pharmacy and to prescription drugs and devices used
4-7 in this state in the diagnosis, mitigation, and treatment or
4-8 prevention of injury, illness, and disease:
4-9 (1) regulation of the delivery or distribution of
4-10 prescription drugs and devices, including the right to seize, after
4-11 notice and hearing, any prescription drugs or devices posing a
4-12 hazard to the public health and welfare, but the board may not
4-13 regulate:
4-14 (A) manufacturers' representatives or employees
4-15 acting in the normal course of business;
4-16 (B) persons engaged in the wholesale drug
4-17 business and registered with the commissioner of health as provided
4-18 by Chapter 431, Health and Safety Code; or
4-19 (C) employees of persons engaged in the
4-20 wholesale drug business and registered with the commissioner of
4-21 health as provided by Chapter 431, Health and Safety Code, if the
4-22 employees are acting in the normal course of business;
4-23 (2) specification of minimum standards for
4-24 professional environment, technical equipment, and security in the
4-25 prescription dispensing area;
4-26 (3) specification of minimum standards for drug
4-27 storage, maintenance of prescription drug records, and procedures
5-1 for the delivery, dispensing in a suitable container appropriately
5-2 labeled, providing of prescription drugs or devices, monitoring of
5-3 drug therapy, and counseling of patients on proper use of
5-4 prescription drugs and devices within the practice of pharmacy;
5-5 (4) adoption of rules regulating a prescription drug
5-6 order or medication order transmitted by electronic means; and
5-7 (5) [annual] registration of balances used for the
5-8 compounding of drugs in pharmacies licensed in this state and the
5-9 periodic inspection of such balances to verify accuracy.
5-10 SECTION 3. Section 24A(d), Texas Pharmacy Act (Article
5-11 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
5-12 follows:
5-13 (d) An applicant who satisfies the continuing education
5-14 requirement through completion of approved programs must present
5-15 evidence satisfactory to the board of completion of not fewer than
5-16 24 [at least 12] hours of continuing education during the preceding
5-17 24 months of the applicant's license period. [A licensee who
5-18 completes more than 12 hours during the preceding license period
5-19 may carry forward a maximum of 12 hours for the next license
5-20 period.]
5-21 SECTION 4. Section 27A(g), Texas Pharmacy Act (Article
5-22 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
5-23 follows:
5-24 (g) The board may add a surcharge of not more than $10 for
5-25 each 12 months in a license period to a license or license renewal
5-26 fee authorized under this Act to fund the program to aid impaired
5-27 pharmacists or pharmacy students.
6-1 SECTION 5. Section 28(b), Texas Pharmacy Act (Article
6-2 4542a-1, Vernon's Texas Civil Statutes), is amended to read as
6-3 follows:
6-4 (b) A person whose pharmacy license or license to practice
6-5 pharmacy in this state has been canceled, revoked, or restricted
6-6 under this Act, whether voluntarily or by action of the board, may,
6-7 after 12 months from the effective date of the cancellation,
6-8 revocation, or restriction, petition the board for reinstatement or
6-9 removal of the restriction of the license. The petition shall be
6-10 in writing and in the form prescribed by the board. A person
6-11 petitioning for reinstatement has the burden of proof. On
6-12 investigation and review of the petition, the board may in its
6-13 discretion grant or deny the petition or it may modify its original
6-14 finding to reflect any circumstances that have changed sufficiently
6-15 to warrant the modification. If such petition is denied by the
6-16 board, a subsequent petition may not be considered by the board
6-17 until 12 months from the date of denial of the previous petition.
6-18 The board in its discretion may require such person to pass an
6-19 examination or examinations for reentry into the practice of
6-20 pharmacy.
6-21 SECTION 6. Sections 29(a) and (e), Texas Pharmacy Act
6-22 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
6-23 read as follows:
6-24 (a) A pharmacy shall be licensed by the board. A pharmacy
6-25 license under this Act must be renewed annually or biennially as
6-26 determined by the board.
6-27 (e) The board shall have the discretion to determine under
7-1 which classifications a pharmacy applicant may be licensed. With
7-2 respect to Class C pharmacies, the board may:
7-3 (1) establish rules for the use of pharmacy
7-4 technicians and the duties of those technicians in Class C
7-5 pharmacies licensed by the board, provided that these technicians
7-6 are responsible to and directly supervised by a pharmacist licensed
7-7 by the board; provided, however, the board may not adopt any rule
7-8 setting ratios with respect to pharmacists and pharmacy technicians
7-9 or limiting the number of pharmacy technicians that may be
7-10 utilized; and
7-11 (2) issue a license to a pharmacy on certification by
7-12 the appropriate agency that the facility in which the pharmacy is
7-13 located has substantially completed the requirements for licensing.
7-14 SECTION 7. Sections 31(d) and (f), Texas Pharmacy Act
7-15 (Article 4542a-1, Vernon's Texas Civil Statutes), are amended to
7-16 read as follows:
7-17 (d) The board shall remove the name from the register of
7-18 licensed pharmacies and suspend the license of a pharmacy that does
7-19 not file a completed application and pay the renewal fee before the
7-20 license expiration date [June 1 of each year].
7-21 (f) The board may adopt a system in which licenses to
7-22 operate a pharmacy expire on various dates during the year or every
7-23 other year, as appropriate.
7-24 SECTION 8. (a) This Act takes effect September 1, 1999.
7-25 (b) The change in law made by this Act to Sections 24A(d),
7-26 27A(g), and 31(d), Texas Pharmacy Act (Article 4542a-1, Vernon's
7-27 Texas Civil Statutes), applies only to an application for issuance
8-1 of a license or for renewal of a license that is filed on or after
8-2 the effective date of this Act. An application for issuance or
8-3 renewal of a license filed before the effective date of this Act is
8-4 governed by the law in effect on the date the application was
8-5 filed, and the former law is continued in effect for that purpose.
8-6 (c) The change in law made by this Act to Section 28(b),
8-7 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
8-8 Statutes), applies only to a petition for reinstatement of a
8-9 license filed on or after the effective date of this Act. A
8-10 petition for reinstatement filed before the effective date of this
8-11 Act is governed by the law in effect on the date the petition was
8-12 filed, and the former law is continued in effect for that purpose.
8-13 SECTION 9. The importance of this legislation and the
8-14 crowded condition of the calendars in both houses create an
8-15 emergency and an imperative public necessity that the
8-16 constitutional rule requiring bills to be read on three several
8-17 days in each house be suspended, and this rule is hereby suspended.