By Madla S.B. No. 931
76R2987 KEL-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the support of graduate pharmacy education and resident
1-3 pharmacists.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 61, Education Code, is amended by adding
1-6 Subchapter T to read as follows:
1-7 SUBCHAPTER T. ROBERTA HIGH MEMORIAL
1-8 PHARMACY RESIDENCY PROGRAM
1-9 Sec. 61.851. DEFINITIONS. In this subchapter:
1-10 (1) "Community pharmacy" means a pharmacy that holds a
1-11 Class A pharmacy license issued by the Texas State Board of
1-12 Pharmacy.
1-13 (2) "Compensation" includes a stipend, a payment for
1-14 services rendered, and a fringe benefit.
1-15 (3) "Faculty preceptor" means a licensed pharmacist
1-16 who:
1-17 (A) is affiliated with a school of pharmacy;
1-18 (B) meets the qualifications established by the
1-19 board to teach resident pharmacists; and
1-20 (C) has been designated as a pharmacy faculty
1-21 preceptor by the Texas State Board of Pharmacy.
1-22 (4) "Institutional pharmacy" means a pharmacy that
1-23 holds a Class C pharmacy license issued by the Texas State Board of
1-24 Pharmacy.
2-1 (5) "Nuclear pharmacy" means a pharmacy that holds a
2-2 Class B pharmacy license issued by the Texas State Board of
2-3 Pharmacy.
2-4 (6) "Pharmacy residency program" means a residency
2-5 program approved as an internship program by the Texas State Board
2-6 of Pharmacy.
2-7 (7) "Primary teaching pharmacy" means a pharmacy that
2-8 holds a permit issued by the Texas State Board of Pharmacy at which
2-9 a school of pharmacy educates and trains both resident pharmacists
2-10 and undergraduate pharmacy students, pursuant to a resident
2-11 pharmacist affiliation agreement between the pharmacy and the
2-12 school.
2-13 (8) "Resident pharmacist" means a person who:
2-14 (A) has received a bachelor of science degree in
2-15 pharmacy or a doctor of pharmacy degree from an educational
2-16 institution accredited by an organization recognized by the board
2-17 as accrediting schools of pharmacy;
2-18 (B) is licensed to practice pharmacy by the
2-19 Texas State Board of Pharmacy; and
2-20 (C) is appointed to a resident pharmacist
2-21 position by a school of pharmacy.
2-22 (9) "School of pharmacy" means a school of pharmacy in
2-23 this state that is accredited by an organization recognized by the
2-24 board as accrediting schools of pharmacy.
2-25 Sec. 61.852. COMPENSATION OF RESIDENT PHARMACIST. A school
2-26 of pharmacy shall compensate each resident pharmacist being
2-27 educated, trained, developed, and prepared for a career in pharmacy
3-1 while the person is undergoing education, training, development,
3-2 and preparation at or under the direction and supervision of the
3-3 school.
3-4 Sec. 61.853. NUMBER OF AVAILABLE RESIDENT PHARMACIST
3-5 POSITIONS. (a) In each year, the total number of compensated
3-6 first-year resident pharmacists may not exceed 50 percent of the
3-7 total number of persons in the preceding year's combined graduating
3-8 classes of all schools of pharmacy.
3-9 (b) At least 50 percent of the combined total number of
3-10 resident pharmacist positions must be in community pharmacy
3-11 practice.
3-12 Sec. 61.854. PREFERENCE TO APPLICANT FOR PRACTICE IN
3-13 MEDICALLY UNDERSERVED AREAS. Each school shall give priority
3-14 consideration to an applicant for a resident pharmacist position
3-15 who demonstrates a willingness to practice pharmacy in medically
3-16 underserved areas of this state, as defined by the Texas Department
3-17 of Health.
3-18 Sec. 61.855. DURATION OF PHARMACIST RESIDENCY. A person may
3-19 not hold a resident pharmacist position for more than two years, or
3-20 for a period longer than the period usually required for a resident
3-21 pharmacist to complete a graduate pharmacy education program
3-22 approved by the Texas State Board of Pharmacy for the specialty in
3-23 which the resident pharmacist seeks certification.
3-24 Sec. 61.856. PROGRAM FUNDING. (a) The legislature may
3-25 appropriate revenue to the board to fund the pharmacy residency
3-26 program.
3-27 (b) Funds appropriated and distributed under this subchapter
4-1 may not be transferred or diverted from the pharmacy residency
4-2 program.
4-3 (c) From program funds, the comptroller shall issue a
4-4 warrant to a pharmacy school or other entity designated by the
4-5 board to receive funds under this subchapter.
4-6 Sec. 61.857. STATE SUPPORT OF RESIDENT PHARMACIST
4-7 COMPENSATION. (a) To supplement the compensation of resident
4-8 pharmacists, the board may provide grants to schools of pharmacy in
4-9 amounts not to exceed $10,000 in a fiscal year for each resident
4-10 pharmacist position approved by the board and filled by the
4-11 applicable school for that year.
4-12 (b) A school of pharmacy may receive funds under this
4-13 section for a resident pharmacist position in any year only if the
4-14 school and the primary teaching pharmacy each contribute at least
4-15 $10,000 toward the compensation of the resident pharmacist for that
4-16 year.
4-17 (c) If a resident pharmacist does not perform in that
4-18 capacity during an entire fiscal year, the school of pharmacy shall
4-19 reduce proportionately the compensation paid to the person to cover
4-20 only the part of the fiscal year during which the person performed
4-21 the person's duties as a resident pharmacist.
4-22 (d) If a person is compensated by an agency or institution
4-23 of the federal government or by any other agency or institution,
4-24 other than a primary teaching pharmacy, for the person's
4-25 performance of the person's duties as a resident pharmacist, the
4-26 school of pharmacy shall reduce the compensation that would
4-27 otherwise be paid to the person by an amount equal to the amount of
5-1 the compensation received by the person from the agency or
5-2 institution.
5-3 (e) If the school receives from an agency or institution of
5-4 the federal government or from any other agency or institution,
5-5 other than a primary teaching pharmacy, compensation for a person's
5-6 performance of the person's duties as a resident pharmacist to or
5-7 for the benefit of the agency or institution, the compensation that
5-8 may be paid to the resident pharmacist from funds awarded for that
5-9 position under this section is reduced by the amount received from
5-10 the other agency or institution.
5-11 (f) To qualify for supplemental compensation provided under
5-12 this section, a resident pharmacist must enroll for at least nine
5-13 semester credit hours each fall and spring semester and for at
5-14 least six semester credit hours each summer term in graduate
5-15 pharmacy education experiential courses. The resident pharmacist
5-16 is exempt from fees required for enrollment, other than tuition.
5-17 Sec. 61.858. PLACEMENT OF RESIDENT PHARMACISTS IF FULL
5-18 FUNDING NOT AVAILABLE. (a) If a school of pharmacy determines
5-19 that it does not have sufficient available funds from legislative
5-20 appropriations and other sources to support adequately the full
5-21 number of resident pharmacists that the school considers necessary
5-22 to carry out the purposes of the school, the school may assign and
5-23 place for education and training a resident pharmacist who cannot
5-24 be supported adequately with available funds in a primary teaching
5-25 pharmacy with which the school has a resident pharmacist
5-26 affiliation agreement.
5-27 (b) During the period for which a resident pharmacist is
6-1 assigned and placed in a primary teaching pharmacy under this
6-2 section, the resident pharmacist shall receive compensation
6-3 primarily from the pharmacy.
6-4 (c) A resident pharmacist affiliation agreement between the
6-5 school and the primary teaching pharmacy must describe the exact
6-6 method and manner of compensating the resident pharmacist.
6-7 Sec. 61.859. ADDITIONAL FUNDING TO SUPPORT GRADUATE PHARMACY
6-8 EDUCATION PROGRAMS. (a) The board shall administer a program to
6-9 support graduate pharmacy education programs in this state
6-10 consistent with the needs of this state for graduate pharmacy
6-11 education and the training of resident pharmacists in appropriate
6-12 fields and specialties.
6-13 (b) From funds available to the program, the board may make
6-14 grants or formula distributions to a school of pharmacy or other
6-15 entity to:
6-16 (1) support appropriate graduate pharmacy education
6-17 programs or activities for which adequate funds are not otherwise
6-18 available; or
6-19 (2) foster new or expanded graduate pharmacy education
6-20 programs or activities that the board determines will address the
6-21 state's needs for graduate pharmacy education.
6-22 (c) To be eligible for a grant or distribution under this
6-23 section, a school or other entity must incur the costs of faculty
6-24 education or supervision in a graduate pharmacy education program
6-25 or the costs of compensating a resident pharmacist in the program.
6-26 The board shall take those incurred costs into account in making
6-27 grants or formula distributions under this section.
7-1 (d) The program is funded by appropriations, by gifts,
7-2 grants, and donations made to support the program, and by any other
7-3 funds the board obtains for the program, including federal funds.
7-4 (e) An amount granted or distributed to a school or other
7-5 entity under the program may be used only to cover expenses of
7-6 training resident pharmacists participating in the particular
7-7 program or activity for which the grant or distribution is made in
7-8 accordance with any conditions imposed by the board. The amount
7-9 may not be spent for the general support of the school or other
7-10 entity.
7-11 Sec. 61.860. ADVISORY COMMITTEE. (a) The board shall
7-12 appoint an advisory committee to advise the board regarding the
7-13 development and administration of the pharmacy residency program,
7-14 including evaluating requests for grants and establishing formulas
7-15 for distribution of funds under the program.
7-16 (b) The advisory committee consists of:
7-17 (1) the executive director of the Texas State Board of
7-18 Pharmacy or the executive director's designee;
7-19 (2) the executive director of the Texas State Board of
7-20 Medical Examiners or the executive director's designee;
7-21 (3) a physician participating in a health-related
7-22 residency program;
7-23 (4) the dean of each school of pharmacy, or the dean's
7-24 designee, who serve as nonvoting members; and
7-25 (5) the following members appointed by the board:
7-26 (A) four pharmacists in private practice, who
7-27 are recommended to the board by the Texas State Board of Pharmacy;
8-1 (B) one resident pharmacist, who serves as a
8-2 nonvoting member; and
8-3 (C) one pharmacy student, who serves as a
8-4 nonvoting member.
8-5 (c) Of the pharmacist members in private practice, two must
8-6 be active in community pharmacy practice, and two must be active in
8-7 hospital pharmacy practice.
8-8 (d) Members of the advisory committee serve staggered
8-9 three-year terms. The board shall appoint the initial members to
8-10 terms of one, two, or three years as necessary so that one-third of
8-11 the members' terms expire each year, as nearly as practicable.
8-12 (e) The advisory committee shall elect one of its members as
8-13 presiding officer for a one-year term.
8-14 (f) The advisory committee shall meet at least once each
8-15 year and as often as requested by the board or called into meeting
8-16 by the committee's presiding officer.
8-17 (g) A member of the advisory committee may not receive
8-18 compensation for committee service but may receive reimbursement
8-19 for travel to official meetings according to policies established
8-20 by the board.
8-21 Sec. 61.861. DUTIES OF ADVISORY COMMITTEE. The advisory
8-22 committee shall:
8-23 (1) review applications for the funding of graduate
8-24 pharmacy education programs and make recommendations for approval
8-25 or disapproval of those applications;
8-26 (2) make recommendations relating to the standards and
8-27 criteria for approval of grants and for the development of formulas
9-1 for distribution of funds under the pharmacy residency program;
9-2 (3) recommend to the board an allocation of funds
9-3 among schools of pharmacy;
9-4 (4) review applications for the funding of faculty
9-5 preceptor positions, make recommendations for approval or
9-6 disapproval of those applications, make recommendations relating to
9-7 the standards and criteria for approval of those applications,
9-8 monitor compliance with the contractual conditions associated with
9-9 funding faculty preceptor positions, and evaluate success in
9-10 increasing the number of those positions; and
9-11 (5) perform other duties assigned by the board.
9-12 Sec. 61.862. APPLICATION BY SCHOOL OF PHARMACY FOR FUNDING.
9-13 A school of pharmacy must include in an application for funds under
9-14 this subchapter:
9-15 (1) the names of the school and the dean of the
9-16 school, the mailing address of the school, and the accreditation
9-17 status for the undergraduate and graduate pharmacy programs of the
9-18 school;
9-19 (2) the number of resident pharmacist positions and
9-20 primary teaching pharmacies for which the school is requesting
9-21 funding;
9-22 (3) for each primary teaching pharmacy, the names of
9-23 the pharmacy, as recorded on its permit, and of the
9-24 pharmacist-in-charge, the mailing address of the pharmacy, and the
9-25 accreditation status of the pharmacy;
9-26 (4) a description of the learning objectives and
9-27 minimum competencies required of resident pharmacists at each
10-1 primary teaching pharmacy;
10-2 (5) a description of the learning activities and
10-3 resident pharmacists' duties at each primary teaching pharmacy, and
10-4 the time associated with each activity or duty;
10-5 (6) the name of the faculty preceptor responsible for
10-6 the learning program at each primary teaching pharmacy, and a
10-7 description of the preceptor's credentials;
10-8 (7) the amount and form of compensation to be provided
10-9 to each resident pharmacist;
10-10 (8) a copy of the resident pharmacist affiliation
10-11 agreement between the school and the primary teaching pharmacy; and
10-12 (9) other information required by the board.
10-13 Sec. 61.863. FUNDING OF FACULTY PRECEPTOR POSITIONS. (a) A
10-14 school of pharmacy may apply and receive a grant under this section
10-15 to support full-time, affiliated faculty preceptors who supervise
10-16 accredited pharmacy residencies.
10-17 (b) The advisory committee shall recommend to the board an
10-18 allocation of faculty preceptor positions that are to receive funds
10-19 under this section.
10-20 (c) An allocation of funds under this section must take into
10-21 account the following factors:
10-22 (1) the faculty-student ratio in community pharmacy
10-23 residencies at each applicant school;
10-24 (2) the length of time a budgeted faculty preceptor
10-25 position has gone unfilled and whether the position is a new
10-26 faculty preceptor position; and
10-27 (3) other factors determined by the board.
11-1 (d) Once funds are granted to support a faculty preceptor
11-2 position affiliated with a school, the board shall continue to
11-3 grant funds to support that position for a period not to exceed one
11-4 additional calendar year. After that time, the school shall
11-5 provide an amount equal to the annualized amount of the grant in
11-6 its operating budget to maintain the level of compensation for the
11-7 position for two years after the grant period has ended.
11-8 (e) The board may use not more than 10 percent of the total
11-9 amount appropriated for the pharmacy residency program under this
11-10 subchapter to fund faculty preceptor positions under this section.
11-11 (f) The board may solicit, receive, and spend grants, gifts,
11-12 and donations from public and private sources for purposes of this
11-13 section.
11-14 SECTION 2. (a) On the effective date of this Act, the
11-15 comptroller shall transfer $850,000 from the State Board of
11-16 Pharmacy fund account to the undedicated portion of the general
11-17 revenue fund.
11-18 (b) The legislature may appropriate funds transferred under
11-19 Subsection (a) of this section only for the pharmacy residency
11-20 program established under Subchapter T, Chapter 61, Education Code,
11-21 as added by this Act.
11-22 SECTION 3. This Act takes effect September 1, 1999.
11-23 SECTION 4. The importance of this legislation and the
11-24 crowded condition of the calendars in both houses create an
11-25 emergency and an imperative public necessity that the
11-26 constitutional rule requiring bills to be read on three several
11-27 days in each house be suspended, and this rule is hereby suspended.