AN ACT
1-1 relating to the support of graduate pharmacy education and resident
1-2 pharmacists.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 61, Education Code, is amended by adding
1-5 Subchapter T to read as follows:
1-6 SUBCHAPTER T. ROBERTA HIGH MEMORIAL
1-7 PHARMACY RESIDENCY PROGRAM
1-8 Sec. 61.851. DEFINITIONS. In this subchapter:
1-9 (1) "College of pharmacy" means a college, school, or
1-10 university of pharmacy in this state that has an accredited
1-11 pharmacy degree program approved by the Texas State Board of
1-12 Pharmacy as provided by the Texas Pharmacy Act (Article 4542a-1,
1-13 Vernon's Texas Civil Statutes).
1-14 (2) "Community pharmacy" means a pharmacy that holds a
1-15 Class A pharmacy license or a community pharmacy license as those
1-16 terms are defined by Section 5, Texas Pharmacy Act (Article
1-17 4542a-1, Vernon's Texas Civil Statutes).
1-18 (3) "Compensation" includes a stipend, a payment for
1-19 services rendered, and a fringe benefit.
1-20 (4) "Institutional pharmacy" means a pharmacy that
1-21 holds a Class C pharmacy license or an institutional pharmacy
1-22 license as those terms are defined by Section 5, Texas Pharmacy Act
1-23 (Article 4542a-1, Vernon's Texas Civil Statutes).
1-24 (5) "Nuclear pharmacy" means a pharmacy that holds a
2-1 Class B pharmacy license or a nuclear pharmacy license as those
2-2 terms are defined by Section 5, Texas Pharmacy Act (Article
2-3 4542a-1, Vernon's Texas Civil Statutes).
2-4 (6) "Pharmacy residency program" means a postgraduate
2-5 residency program approved by the Texas State Board of Pharmacy as
2-6 provided by the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas
2-7 Civil Statutes).
2-8 (7) "Primary teaching pharmacy" means a pharmacy that
2-9 holds a permit issued by the Texas State Board of Pharmacy at which
2-10 a college of pharmacy educates and trains both resident pharmacists
2-11 and undergraduate pharmacy students, pursuant to a resident
2-12 pharmacist affiliation agreement between the pharmacy and the
2-13 college.
2-14 (8) "Residency preceptor" means a licensed pharmacist
2-15 who:
2-16 (A) is affiliated with a college of pharmacy;
2-17 (B) meets the qualifications established by the
2-18 board to teach resident pharmacists; and
2-19 (C) has been designated as a preceptor by the
2-20 Texas State Board of Pharmacy.
2-21 (9) "Resident pharmacist" means a person who:
2-22 (A) has received a professional practice degree
2-23 from an accredited pharmacy degree program approved by the Texas
2-24 State Board of Pharmacy as provided by the Texas Pharmacy Act
2-25 (Article 4542a-1, Vernon's Texas Civil Statutes);
2-26 (B) is licensed to practice pharmacy by the
3-1 Texas State Board of Pharmacy; and
3-2 (C) is appointed to a resident pharmacist
3-3 position by a college of pharmacy.
3-4 Sec. 61.852. COMPENSATION OF RESIDENT PHARMACIST. A college
3-5 of pharmacy shall compensate each resident pharmacist being
3-6 educated, trained, developed, and prepared for a career in pharmacy
3-7 while the person is undergoing education, training, development,
3-8 and preparation at or under the direction and supervision of the
3-9 college.
3-10 Sec. 61.853. NUMBER OF AVAILABLE RESIDENT PHARMACIST
3-11 POSITIONS. (a) In each year, the total number of compensated
3-12 first-year resident pharmacists may not exceed the total number of
3-13 persons in the preceding year's combined graduating classes of all
3-14 colleges of pharmacy.
3-15 (b) At least 50 percent of the combined total number of
3-16 resident pharmacist positions must be in community pharmacy
3-17 practice.
3-18 Sec. 61.854. PREFERENCE TO APPLICANT FOR PRACTICE IN
3-19 MEDICALLY UNDERSERVED AREAS. Each college of pharmacy shall give
3-20 priority consideration to an applicant for a resident pharmacist
3-21 position who demonstrates a willingness to practice pharmacy in
3-22 medically underserved areas of this state, as defined by the Texas
3-23 Department of Health.
3-24 Sec. 61.855. DURATION OF PHARMACIST RESIDENCY. A person may
3-25 not hold a resident pharmacist position for more than two years, or
3-26 for a period longer than the period usually required for a resident
4-1 pharmacist to complete a graduate pharmacy education program
4-2 approved by the Texas State Board of Pharmacy for the specialty in
4-3 which the resident pharmacist seeks certification.
4-4 Sec. 61.856. PROGRAM FUNDING. (a) The legislature may
4-5 appropriate revenue to the board to fund the pharmacy residency
4-6 program.
4-7 (b) Funds appropriated and distributed under this subchapter
4-8 may not be transferred or diverted from the pharmacy residency
4-9 program.
4-10 (c) From program funds, the comptroller shall issue a
4-11 warrant to a college of pharmacy or other entity designated by the
4-12 board to receive funds under this subchapter.
4-13 (d) After August 31, 2001, general revenue funds may not be
4-14 used to fund pharmacy residencies other than in the manner
4-15 prescribed by this subchapter.
4-16 Sec. 61.857. STATE SUPPORT OF RESIDENT PHARMACIST
4-17 COMPENSATION. (a) To supplement the compensation of resident
4-18 pharmacists, the board may provide grants to colleges of pharmacy
4-19 in amounts not to exceed $10,000 in a fiscal year for each resident
4-20 pharmacist position approved by the board and filled by the
4-21 applicable college for that year.
4-22 (b) A college of pharmacy may receive funds under this
4-23 section for a resident pharmacist position in any year only if the
4-24 college and the primary teaching pharmacy each contribute at least
4-25 $10,000 toward the compensation of the resident pharmacist for that
4-26 year.
5-1 (c) If a resident pharmacist does not perform in that
5-2 capacity during an entire fiscal year, the college of pharmacy
5-3 shall reduce proportionately the compensation paid to the person to
5-4 cover only the part of the fiscal year during which the person
5-5 performed the person's duties as a resident pharmacist.
5-6 (d) If a person is compensated by an agency or institution
5-7 of the federal government or by any other agency or institution,
5-8 other than a primary teaching pharmacy, for the person's
5-9 performance of the person's duties as a resident pharmacist, the
5-10 college of pharmacy shall reduce the compensation that would
5-11 otherwise be paid to the person by an amount equal to the amount of
5-12 the compensation received by the person from the agency or
5-13 institution.
5-14 (e) If the college receives from an agency or institution of
5-15 the federal government or from any other agency or institution,
5-16 other than a primary teaching pharmacy, compensation for a person's
5-17 performance of the person's duties as a resident pharmacist to or
5-18 for the benefit of the agency or institution, the compensation that
5-19 may be paid to the resident pharmacist from funds awarded for that
5-20 position under this section is reduced by the amount received from
5-21 the other agency or institution.
5-22 (f) To qualify for supplemental compensation provided under
5-23 this section, a resident pharmacist must enroll for at least nine
5-24 semester credit hours each fall and spring semester and for at
5-25 least six semester credit hours each summer term in graduate
5-26 pharmacy education experiential courses. The resident pharmacist
6-1 is exempt from fees required for enrollment, other than tuition.
6-2 Sec. 61.858. PLACEMENT OF RESIDENT PHARMACISTS IF FULL
6-3 FUNDING NOT AVAILABLE. (a) If a college of pharmacy determines
6-4 that it does not have sufficient available funds from legislative
6-5 appropriations and other sources to support adequately the full
6-6 number of resident pharmacists that the college considers necessary
6-7 to carry out the purposes of the college, the college may assign
6-8 and place for education and training a resident pharmacist who
6-9 cannot be supported adequately with available funds in a primary
6-10 teaching pharmacy with which the college has a resident pharmacist
6-11 affiliation agreement.
6-12 (b) During the period for which a resident pharmacist is
6-13 assigned and placed in a primary teaching pharmacy under this
6-14 section, the resident pharmacist shall receive compensation
6-15 primarily from the pharmacy.
6-16 (c) A resident pharmacist affiliation agreement between the
6-17 college of pharmacy and the primary teaching pharmacy must describe
6-18 the exact method and manner of compensating the resident
6-19 pharmacist.
6-20 Sec. 61.859. ADDITIONAL FUNDING TO SUPPORT GRADUATE PHARMACY
6-21 EDUCATION PROGRAMS. (a) The board shall administer a program to
6-22 support graduate pharmacy education programs in this state
6-23 consistent with the needs of this state for graduate pharmacy
6-24 education and the training of resident pharmacists in appropriate
6-25 fields and specialties.
6-26 (b) From funds available to the program, the board may make
7-1 grants or formula distributions to a college of pharmacy or other
7-2 entity to:
7-3 (1) support appropriate graduate pharmacy education
7-4 programs or activities for which adequate funds are not otherwise
7-5 available; or
7-6 (2) foster new or expanded graduate pharmacy education
7-7 programs or activities that the board determines will address the
7-8 state's needs for graduate pharmacy education.
7-9 (c) To be eligible for a grant or distribution under this
7-10 section, a college of pharmacy or other entity must incur the costs
7-11 of faculty education or supervision in a graduate pharmacy
7-12 education program or the costs of compensating a resident
7-13 pharmacist in the program. The board shall take those incurred
7-14 costs into account in making grants or formula distributions under
7-15 this section.
7-16 (d) The program is funded by appropriations, by gifts,
7-17 grants, and donations made to support the program, and by any other
7-18 funds the board obtains for the program, including federal funds.
7-19 (e) An amount granted or distributed to a college of
7-20 pharmacy or other entity under the program may be used only to
7-21 cover expenses of training resident pharmacists participating in
7-22 the particular program or activity for which the grant or
7-23 distribution is made in accordance with any conditions imposed by
7-24 the board. The amount may not be spent for the general support of
7-25 the college or other entity.
7-26 Sec. 61.860. ADVISORY COMMITTEE. (a) The board shall
8-1 establish an advisory committee to advise the board regarding the
8-2 development and administration of the pharmacy residency program,
8-3 including evaluating requests for grants and establishing formulas
8-4 for distribution of funds under the program.
8-5 (b) The advisory committee consists of:
8-6 (1) the executive director of the Texas State Board of
8-7 Pharmacy or the executive director's designee;
8-8 (2) a physician serving as a program director of a
8-9 health-related residency program appointed by the Texas State Board
8-10 of Medical Examiners;
8-11 (3) the dean of each college of pharmacy, or the
8-12 dean's designee, who serve as nonvoting members; and
8-13 (4) the following members appointed by the board:
8-14 (A) four pharmacists in private practice, who
8-15 are recommended to the board by the Texas State Board of Pharmacy;
8-16 (B) one resident pharmacist, who serves as a
8-17 nonvoting member; and
8-18 (C) one pharmacy student, who serves as a
8-19 nonvoting member.
8-20 (c) Of the pharmacist members in private practice, two must
8-21 be active in community pharmacy practice, and two must be active in
8-22 hospital pharmacy practice.
8-23 (d) The appointed voting members of the advisory committee
8-24 serve staggered three-year terms. The Texas State Board of Medical
8-25 Examiners shall appoint the initial member appointed under
8-26 Subsection (b)(2) to a three-year term. The board shall appoint
9-1 the initial members appointed under Subsection (b)(4) to terms of
9-2 one, two, or three years as necessary so that one-third of the
9-3 appointed committee members' terms expire each year, as nearly as
9-4 practicable.
9-5 (e) The advisory committee shall elect one of its members as
9-6 presiding officer for a one-year term.
9-7 (f) The advisory committee shall meet at least once each
9-8 year and as often as requested by the board or called into meeting
9-9 by the committee's presiding officer.
9-10 (g) A member of the advisory committee may not receive
9-11 compensation for committee service but may receive reimbursement
9-12 for travel to official meetings according to policies established
9-13 by the board.
9-14 Sec. 61.861. DUTIES OF ADVISORY COMMITTEE. The advisory
9-15 committee shall:
9-16 (1) review applications for the funding of graduate
9-17 pharmacy education programs and make recommendations for approval
9-18 or disapproval of those applications;
9-19 (2) make recommendations relating to the standards and
9-20 criteria for approval of grants and for the development of formulas
9-21 for distribution of funds under the pharmacy residency program;
9-22 (3) recommend to the board an allocation of funds
9-23 among colleges of pharmacy;
9-24 (4) review applications for the funding of residency
9-25 preceptor positions, make recommendations for approval or
9-26 disapproval of those applications, make recommendations relating to
10-1 the standards and criteria for approval of those applications,
10-2 monitor compliance with the contractual conditions associated with
10-3 funding residency preceptor positions, and evaluate success in
10-4 increasing the number of those positions; and
10-5 (5) perform other duties assigned by the board.
10-6 Sec. 61.862. APPLICATION BY COLLEGE OF PHARMACY FOR FUNDING.
10-7 A college of pharmacy must include in an application for funds
10-8 under this subchapter:
10-9 (1) the names of the college and the dean of the
10-10 college, the mailing address of the college, and the accreditation
10-11 status for the undergraduate and graduate pharmacy programs of the
10-12 college;
10-13 (2) the number of resident pharmacist positions and
10-14 primary teaching pharmacies for which the college is requesting
10-15 funding;
10-16 (3) for each primary teaching pharmacy, the names of
10-17 the pharmacy, as recorded on its permit, and of the
10-18 pharmacist-in-charge, the mailing address of the pharmacy, and the
10-19 accreditation status of the pharmacy;
10-20 (4) a description of the learning objectives and
10-21 minimum competencies required of resident pharmacists at each
10-22 primary teaching pharmacy;
10-23 (5) a description of the learning activities and
10-24 resident pharmacists' duties at each primary teaching pharmacy, and
10-25 the time associated with each activity or duty;
10-26 (6) the name of the residency preceptor responsible
11-1 for the learning program at each primary teaching pharmacy, and a
11-2 description of the preceptor's credentials;
11-3 (7) the amount and form of compensation to be provided
11-4 to each resident pharmacist;
11-5 (8) a copy of the resident pharmacist affiliation
11-6 agreement between the college and the primary teaching pharmacy;
11-7 and
11-8 (9) other information required by the board.
11-9 Sec. 61.863. FUNDING OF RESIDENCY PRECEPTOR POSITIONS.
11-10 (a) A college of pharmacy may apply and receive a grant under this
11-11 section to support full-time faculty members who are residency
11-12 preceptors supervising accredited pharmacy residencies.
11-13 (b) The advisory committee shall recommend to the board an
11-14 allocation of residency preceptor positions that are to receive
11-15 funds under this section.
11-16 (c) An allocation of funds under this section must take into
11-17 account the following factors:
11-18 (1) the faculty-student ratio in community pharmacy
11-19 residencies at each applicant college of pharmacy;
11-20 (2) the length of time a budgeted residency preceptor
11-21 position has gone unfilled and whether the position is a new
11-22 residency preceptor position; and
11-23 (3) other factors determined by the board.
11-24 (d) Once funds are granted to support a residency preceptor
11-25 position affiliated with a college of pharmacy, the board shall
11-26 continue to grant funds to support that position for a period not
12-1 to exceed one additional calendar year. After that time, the
12-2 college shall provide an amount equal to the annualized amount of
12-3 the grant in its operating budget to maintain the level of
12-4 compensation for the position for two years after the grant period
12-5 has ended.
12-6 (e) The board may use not more than 10 percent of the total
12-7 amount appropriated for the pharmacy residency program under this
12-8 subchapter to fund residency preceptor positions under this
12-9 section.
12-10 (f) The board may solicit, receive, and spend grants, gifts,
12-11 and donations from public and private sources for purposes of this
12-12 section.
12-13 SECTION 2. Subsection (a), Section 17, Texas Pharmacy Act
12-14 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
12-15 read as follows:
12-16 (a) The board is responsible for the regulation of the
12-17 practice of pharmacy in this state, including the following:
12-18 (1) the licensing by examination or by reciprocity of
12-19 applicants who are qualified to engage in the practice of pharmacy
12-20 and the licensing of pharmacies under this Act;
12-21 (2) the renewal of licenses to engage in the practice
12-22 of pharmacy and licenses to operate pharmacies;
12-23 (3) the determination and issuance of standards for
12-24 recognition and approval of degree requirements of colleges of
12-25 pharmacy whose graduates shall be eligible for licensing in this
12-26 state and the specification and enforcement of requirements for
13-1 practical training, including internship;
13-2 (4) the enforcement of those provisions of this Act
13-3 relating to the conduct or competence of pharmacists practicing in
13-4 this state and the conduct of pharmacies operating in this state
13-5 and the suspension, revocation, fining, reprimanding, cancellation,
13-6 or restriction of licenses to engage in the practice of pharmacy or
13-7 to operate a pharmacy;
13-8 (5) the specifications of conditions under which a
13-9 pharmacist may administer medications, including immunizations and
13-10 vaccinations, which at a minimum shall include the following:
13-11 (A) a licensed health care provider authorized
13-12 to administer the medication is not reasonably available to
13-13 administer the medication;
13-14 (B) failure to administer the medication, other
13-15 than an immunization or vaccination, might result in a significant
13-16 delay or interruption of a critical phase of drug therapy;
13-17 (C) the pharmacist possesses the necessary
13-18 skill, education, and certification to administer the medication as
13-19 specified by the board;
13-20 (D) the pharmacist notifies the appropriate
13-21 licensed health care provider responsible for the patient's care
13-22 within a reasonable time that the medication was administered;
13-23 (E) a pharmacist may not administer medications
13-24 to a patient where the patient resides, except in a licensed
13-25 nursing home or hospital;
13-26 (F) the pharmacist administers immunizations or
14-1 vaccinations under a physician's written protocol and meets the
14-2 standards established by the board;
14-3 (G) the authority of the pharmacist to
14-4 administer medications may not be delegated;
14-5 (H) nothing in this subdivision shall be
14-6 construed to prohibit a pharmacist from preparing or manipulating
14-7 biotechnological agents or devices; and
14-8 (I) nothing in this subdivision shall be
14-9 construed as prohibiting a pharmacist from performing an act
14-10 delegated by a physician in accordance with the provisions of
14-11 Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
14-12 Vernon's Texas Civil Statutes), and the pharmacist performing such
14-13 a delegated medical act shall be considered to be performing a
14-14 medical act and not as engaged in the practice of pharmacy;
14-15 (6) the regulation of the training, qualifications,
14-16 and employment of pharmacist-interns; [and]
14-17 (7) the determination and issuance of standards for
14-18 recognizing and approving a pharmacy residency program for purposes
14-19 of Subchapter T, Chapter 61, Education Code; and
14-20 (8) the enforcement of this Act and any rules adopted
14-21 under this Act.
14-22 SECTION 3. (a) On the effective date of this Act, the
14-23 comptroller of public accounts shall transfer $850,000 from the
14-24 Texas State Board of Pharmacy account to the undedicated portion of
14-25 the general revenue fund.
14-26 (b) The legislature may appropriate funds transferred under
15-1 Subsection (a) of this section only for the pharmacy residency
15-2 program established under Subchapter T, Chapter 61, Education Code,
15-3 as added by this Act.
15-4 SECTION 4. This Act takes effect September 1, 1999.
15-5 SECTION 5. The importance of this legislation and the
15-6 crowded condition of the calendars in both houses create an
15-7 emergency and an imperative public necessity that the
15-8 constitutional rule requiring bills to be read on three several
15-9 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 931 passed the Senate on
May 7, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 931 passed the House on
May 25, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor