1-1     By:  Madla                                             S.B. No. 931
 1-2           (In the Senate - Filed March 5, 1999; March 8, 1999, read
 1-3     first time and referred to Committee on Health Services;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 931                    By:  Madla
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to the support of graduate pharmacy education and resident
1-11     pharmacists.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 61, Education Code, is amended by adding
1-14     Subchapter T to read as follows:
1-15                    SUBCHAPTER T.  ROBERTA HIGH MEMORIAL
1-16                         PHARMACY RESIDENCY PROGRAM
1-17           Sec. 61.851.  DEFINITIONS. In this subchapter:
1-18                 (1)  "College of pharmacy" means a college, school, or
1-19     university of pharmacy in this state that has an accredited
1-20     pharmacy degree program approved by the Texas State Board of
1-21     Pharmacy as provided by the Texas Pharmacy Act (Article 4542a-1,
1-22     Vernon's Texas Civil Statutes).
1-23                 (2)  "Community pharmacy" means a pharmacy that holds a
1-24     Class A pharmacy license or a community pharmacy license as those
1-25     terms are defined by Section 5, Texas Pharmacy Act (Article
1-26     4542a-1, Vernon's Texas Civil Statutes).
1-27                 (3)  "Compensation" includes a stipend, a payment for
1-28     services rendered, and a fringe benefit.
1-29                 (4)  "Institutional pharmacy" means a pharmacy that
1-30     holds a Class C pharmacy license or an institutional pharmacy
1-31     license as those terms are defined by Section 5, Texas Pharmacy Act
1-32     (Article 4542a-1, Vernon's Texas Civil Statutes).
1-33                 (5)  "Nuclear pharmacy" means a pharmacy that holds a
1-34     Class B pharmacy license or a nuclear pharmacy license as those
1-35     terms are defined by Section 5, Texas Pharmacy Act (Article
1-36     4542a-1, Vernon's Texas Civil Statutes).
1-37                 (6)  "Pharmacy residency program" means a postgraduate
1-38     residency program approved by the Texas State Board of Pharmacy as
1-39     provided by the Texas Pharmacy Act (Article 4542a-1, Vernon's Texas
1-40     Civil Statutes).
1-41                 (7)  "Primary teaching pharmacy" means a pharmacy that
1-42     holds a permit issued by the Texas State Board of Pharmacy at which
1-43     a college of pharmacy educates and trains both resident pharmacists
1-44     and undergraduate pharmacy students, pursuant to a resident
1-45     pharmacist affiliation agreement between the pharmacy and the
1-46     college.
1-47                 (8)  "Residency preceptor" means a licensed pharmacist
1-48     who:
1-49                       (A)  is affiliated with a college of pharmacy;
1-50                       (B)  meets the qualifications established by the
1-51     board to teach resident pharmacists; and
1-52                       (C)  has been designated as a preceptor by the
1-53     Texas State Board of Pharmacy.
1-54                 (9)  "Resident pharmacist" means a person who:
1-55                       (A)  has received a professional practice degree
1-56     from an accredited pharmacy degree program approved by the Texas
1-57     State Board of Pharmacy as provided by the Texas Pharmacy Act
1-58     (Article 4542a-1, Vernon's Texas Civil Statutes);
1-59                       (B)  is licensed to practice pharmacy by the
1-60     Texas State Board of Pharmacy; and
1-61                       (C)  is appointed to a resident pharmacist
1-62     position by a college of pharmacy.
1-63           Sec. 61.852.  COMPENSATION OF RESIDENT PHARMACIST.  A college
1-64     of pharmacy shall compensate each resident pharmacist being
 2-1     educated, trained, developed, and prepared for a career in pharmacy
 2-2     while the person is undergoing education, training,   development,
 2-3     and preparation at or under the direction and supervision of the
 2-4     college.
 2-5           Sec. 61.853.  NUMBER OF AVAILABLE RESIDENT PHARMACIST
 2-6     POSITIONS.  (a)  In each year, the total number of compensated
 2-7     first-year resident pharmacists may not exceed the total number of
 2-8     persons in the preceding year's combined graduating classes of all
 2-9     colleges of pharmacy.
2-10           (b)  At least 50 percent of the combined total number of
2-11     resident pharmacist positions must be in community pharmacy
2-12     practice.
2-13           Sec. 61.854.  PREFERENCE TO APPLICANT FOR PRACTICE IN
2-14     MEDICALLY UNDERSERVED AREAS.  Each college of pharmacy shall give
2-15     priority consideration to an applicant for a resident pharmacist
2-16     position who demonstrates a willingness to practice pharmacy in
2-17     medically underserved areas of this state, as defined by the Texas
2-18     Department of Health.
2-19           Sec. 61.855.  DURATION OF PHARMACIST RESIDENCY.  A person may
2-20     not hold a resident pharmacist position for more than two years, or
2-21     for a period longer than the period usually required for a resident
2-22     pharmacist to complete a graduate pharmacy education program
2-23     approved by the Texas State Board of Pharmacy for the specialty in
2-24     which the resident pharmacist seeks certification.
2-25           Sec. 61.856.  PROGRAM FUNDING.  (a)  The legislature may
2-26     appropriate revenue to the board to fund the pharmacy residency
2-27     program.
2-28           (b)  Funds appropriated and distributed under this subchapter
2-29     may not be transferred or diverted from the pharmacy residency
2-30     program.
2-31           (c)  From program funds, the comptroller shall issue a
2-32     warrant to a college of pharmacy or other entity designated by the
2-33     board to receive funds under this subchapter.
2-34           Sec. 61.857.  STATE SUPPORT OF RESIDENT PHARMACIST
2-35     COMPENSATION.  (a)  To supplement the compensation of resident
2-36     pharmacists, the board may provide grants to colleges of pharmacy
2-37     in amounts not to exceed $10,000 in a fiscal year for each resident
2-38     pharmacist position approved by the board and filled by the
2-39     applicable college for that year.
2-40           (b)  A college of pharmacy may receive funds under this
2-41     section for a resident pharmacist position in any year only if the
2-42     college and the primary teaching pharmacy each contribute at least
2-43     $10,000 toward the compensation of the resident pharmacist for that
2-44     year.
2-45           (c)  If a resident pharmacist does not perform in that
2-46     capacity during an entire fiscal year, the college of pharmacy
2-47     shall reduce proportionately the compensation paid to the person to
2-48     cover only the part of the fiscal year during which the person
2-49     performed the person's duties as a resident pharmacist.
2-50           (d)  If a person is compensated by an agency or institution
2-51     of the federal government or by any other agency or institution,
2-52     other than a primary teaching pharmacy, for the person's
2-53     performance of the person's duties as a resident pharmacist, the
2-54     college of pharmacy shall reduce the compensation that would
2-55     otherwise be paid to the person by an amount equal to the amount of
2-56     the compensation received by the person from the agency or
2-57     institution.
2-58           (e)  If the college receives from an agency or institution of
2-59     the federal government or from any other agency or institution,
2-60     other than a primary teaching pharmacy, compensation for a person's
2-61     performance of the person's duties as a resident pharmacist to or
2-62     for the benefit of the agency or institution, the compensation that
2-63     may be paid to the resident pharmacist from funds awarded for that
2-64     position under this section is reduced by the amount received from
2-65     the other agency or institution.
2-66           (f)  To qualify for supplemental compensation provided under
2-67     this section, a resident pharmacist must enroll for at least nine
2-68     semester credit hours each fall and spring semester and for at
2-69     least six semester credit hours each summer term in graduate
 3-1     pharmacy education experiential courses.  The resident pharmacist
 3-2     is exempt from fees required for enrollment, other than tuition.
 3-3           Sec. 61.858.  PLACEMENT OF RESIDENT PHARMACISTS IF FULL
 3-4     FUNDING NOT AVAILABLE.  (a)  If a college of pharmacy determines
 3-5     that it does not have sufficient available funds from legislative
 3-6     appropriations and other sources to support adequately the full
 3-7     number of resident pharmacists that the college considers necessary
 3-8     to carry out the purposes of the college, the college may assign
 3-9     and place for education and training a resident pharmacist who
3-10     cannot be supported adequately with available funds in a primary
3-11     teaching pharmacy with which the college has a resident pharmacist
3-12     affiliation agreement.
3-13           (b)  During the period for which a resident pharmacist is
3-14     assigned and placed in a primary teaching pharmacy under this
3-15     section, the resident pharmacist shall receive compensation
3-16     primarily from the pharmacy.
3-17           (c)  A resident pharmacist affiliation agreement between the
3-18     college of pharmacy and the primary teaching pharmacy must describe
3-19     the exact method and manner of compensating the resident
3-20     pharmacist.
3-21           Sec. 61.859.  ADDITIONAL FUNDING TO SUPPORT GRADUATE PHARMACY
3-22     EDUCATION PROGRAMS.  (a)  The board shall administer a program to
3-23     support graduate pharmacy education programs in this state
3-24     consistent with the needs of this state for graduate pharmacy
3-25     education and the training of resident pharmacists in appropriate
3-26     fields and specialties.
3-27           (b)  From funds available to the program, the board may make
3-28     grants or formula distributions to a college of pharmacy or other
3-29     entity to:
3-30                 (1)  support appropriate graduate pharmacy education
3-31     programs or activities for which adequate funds are not otherwise
3-32     available; or
3-33                 (2)  foster new or expanded graduate pharmacy education
3-34     programs or activities that the board determines will address the
3-35     state's needs for graduate pharmacy education.
3-36           (c)  To be eligible for a grant or distribution under this
3-37     section, a college of pharmacy or other entity must incur the costs
3-38     of faculty education or supervision in a graduate pharmacy
3-39     education program or the costs of compensating a resident
3-40     pharmacist in the program. The board shall take those incurred
3-41     costs into account in making grants or formula distributions under
3-42     this section.
3-43           (d)  The program is funded by appropriations, by gifts,
3-44     grants, and donations made to support the program, and by any other
3-45     funds the board obtains for the program, including federal funds.
3-46           (e)  An amount granted or distributed to a college of
3-47     pharmacy or other entity under the program may be used only to
3-48     cover expenses of training resident pharmacists participating in
3-49     the particular program or activity for which the grant or
3-50     distribution is made in accordance with any conditions imposed by
3-51     the board.  The amount may not be spent for the general support of
3-52     the college or other entity.
3-53           Sec. 61.860.  ADVISORY COMMITTEE.  (a)  The board shall
3-54     establish an advisory committee to advise the board regarding the
3-55     development and administration of the pharmacy residency program,
3-56     including evaluating requests for grants and establishing formulas
3-57     for distribution of funds under the program.
3-58           (b)  The advisory committee consists of:
3-59                 (1)  the executive director of the Texas State Board of
3-60     Pharmacy or the executive director's designee;
3-61                 (2)  a physician serving as a program director of a
3-62     health-related residency program appointed by the Texas State Board
3-63     of Medical Examiners;
3-64                 (3)  the dean of each college of pharmacy, or the
3-65     dean's designee, who serve as nonvoting members; and
3-66                 (4)  the following members appointed by the board:
3-67                       (A)  four pharmacists in private practice, who
3-68     are recommended to the board by the Texas State Board of Pharmacy;
3-69                       (B)  one resident pharmacist, who serves as a
 4-1     nonvoting member; and
 4-2                       (C)  one pharmacy student, who serves as a
 4-3     nonvoting member.
 4-4           (c)  Of the pharmacist members in private practice, two must
 4-5     be active in community pharmacy practice, and two must be active in
 4-6     hospital pharmacy practice.
 4-7           (d)  The appointed voting members of the advisory committee
 4-8     serve staggered three-year terms.  The Texas State Board of Medical
 4-9     Examiners shall appoint the initial member appointed under
4-10     Subsection (b)(2) to a three-year term. The board shall appoint the
4-11     initial members appointed under Subsection (b)(4) to terms of one,
4-12     two, or three years as necessary so that one-third of the appointed
4-13     committee members' terms expire each year, as nearly as
4-14     practicable.
4-15           (e)  The advisory committee shall elect one of its members as
4-16     presiding officer for a one-year term.
4-17           (f)  The advisory committee shall meet at least once each
4-18     year and as often as requested by the board or called into meeting
4-19     by the committee's presiding officer.
4-20           (g)  A member of the advisory committee may not receive
4-21     compensation for committee service but may receive reimbursement
4-22     for travel to official meetings according to policies established
4-23     by the board.
4-24           Sec. 61.861.  DUTIES OF ADVISORY COMMITTEE. The advisory
4-25     committee shall:
4-26                 (1)  review applications for the funding of graduate
4-27     pharmacy education programs and make recommendations for approval
4-28     or disapproval of those applications;
4-29                 (2)  make recommendations relating to the standards and
4-30     criteria for approval of grants and for the development of formulas
4-31     for distribution of funds under the pharmacy residency program;
4-32                 (3)  recommend to the board an allocation of funds
4-33     among colleges of pharmacy;
4-34                 (4)  review applications for the funding of residency
4-35     preceptor positions, make recommendations for approval or
4-36     disapproval of those applications, make recommendations relating to
4-37     the standards and criteria for approval of those applications,
4-38     monitor compliance with the contractual conditions associated with
4-39     funding residency preceptor positions, and evaluate success in
4-40     increasing the number of those positions; and
4-41                 (5)  perform other duties assigned by the board.
4-42           Sec. 61.862.  APPLICATION BY COLLEGE OF PHARMACY FOR FUNDING.
4-43     A college of pharmacy must include in an application for funds
4-44     under this subchapter:
4-45                 (1)  the names of the college and the dean of the
4-46     college, the mailing address of the college, and the accreditation
4-47     status for the undergraduate and graduate pharmacy programs of the
4-48     college;
4-49                 (2)  the number of resident pharmacist positions and
4-50     primary teaching pharmacies for which the college is requesting
4-51     funding;
4-52                 (3)  for each primary teaching pharmacy, the names of
4-53     the pharmacy, as recorded on its permit, and of the
4-54     pharmacist-in-charge, the mailing address of the pharmacy, and the
4-55     accreditation status of the pharmacy;
4-56                 (4)  a description of the learning objectives and
4-57     minimum competencies required of resident pharmacists at each
4-58     primary teaching pharmacy;
4-59                 (5)  a description of the learning activities and
4-60     resident pharmacists' duties at each primary teaching pharmacy, and
4-61     the time associated with each activity or duty;
4-62                 (6)  the name of the residency preceptor responsible
4-63     for the learning program at each primary teaching pharmacy, and a
4-64     description of the preceptor's credentials;
4-65                 (7)  the amount and form of compensation to be provided
4-66     to each resident pharmacist;
4-67                 (8)  a copy of the resident pharmacist affiliation
4-68     agreement between the college and the primary teaching pharmacy;
4-69     and
 5-1                 (9)  other information required by the board.
 5-2           Sec. 61.863.  FUNDING OF RESIDENCY PRECEPTOR POSITIONS.
 5-3     (a)  A college of pharmacy may apply and receive a grant under this
 5-4     section to support full-time faculty members who are residency
 5-5     preceptors supervising accredited pharmacy residencies.
 5-6           (b)  The advisory committee shall recommend to the board an
 5-7     allocation of residency preceptor positions that are to receive
 5-8     funds under this section.
 5-9           (c)  An allocation of funds under this section must take into
5-10     account the following factors:
5-11                 (1)  the faculty-student ratio in community pharmacy
5-12     residencies at each applicant college of pharmacy;
5-13                 (2)  the length of time a budgeted residency preceptor
5-14     position has gone unfilled and whether the position is a new
5-15     residency preceptor position; and
5-16                 (3)  other factors determined by the board.
5-17           (d)  Once funds are granted to support a residency preceptor
5-18     position affiliated with a college of pharmacy, the board shall
5-19     continue to grant funds to support that position for a period not
5-20     to exceed one additional calendar year.  After that time, the
5-21     college shall provide an amount equal to the annualized amount of
5-22     the grant in its operating budget to maintain the level of
5-23     compensation for the position for two years after the grant period
5-24     has ended.
5-25           (e)  The board may use not more than 10 percent of the total
5-26     amount appropriated for the pharmacy residency program under this
5-27     subchapter to fund residency preceptor positions under this
5-28     section.
5-29           (f)  The board may solicit, receive, and spend grants, gifts,
5-30     and donations from public and private sources for purposes of this
5-31     section.
5-32           SECTION 2.  Subsection (a), Section 17, Texas Pharmacy Act
5-33     (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
5-34     read as follows:
5-35           (a)  The board is responsible for the regulation of the
5-36     practice of pharmacy in this state, including the following:
5-37                 (1)  the licensing by examination or by reciprocity of
5-38     applicants who are qualified to engage in the practice of pharmacy
5-39     and the licensing of pharmacies under this Act;
5-40                 (2)  the renewal of licenses to engage in the practice
5-41     of pharmacy and licenses to operate pharmacies;
5-42                 (3)  the determination and issuance of standards for
5-43     recognition and approval of degree requirements of colleges of
5-44     pharmacy whose graduates shall be eligible for licensing in this
5-45     state and the specification and enforcement of requirements for
5-46     practical training, including internship;
5-47                 (4)  the enforcement of those provisions of this Act
5-48     relating to the conduct or competence of pharmacists practicing in
5-49     this state and the conduct of pharmacies operating in this state
5-50     and the suspension, revocation, fining, reprimanding, cancellation,
5-51     or restriction of licenses to engage in the practice of pharmacy or
5-52     to operate a pharmacy;
5-53                 (5)  the specifications of conditions under which a
5-54     pharmacist may administer medications, including immunizations and
5-55     vaccinations, which at a minimum shall include the following:
5-56                       (A)  a licensed health care provider authorized
5-57     to administer the medication is not reasonably available to
5-58     administer the medication;
5-59                       (B)  failure to administer the medication, other
5-60     than an immunization or vaccination, might result in a significant
5-61     delay or interruption of a critical phase of drug therapy;
5-62                       (C)  the pharmacist possesses the necessary
5-63     skill, education, and certification to administer the medication as
5-64     specified by the board;
5-65                       (D)  the pharmacist notifies the appropriate
5-66     licensed health care provider responsible for the patient's care
5-67     within a reasonable time that the medication was administered;
5-68                       (E)  a pharmacist may not administer medications
5-69     to a patient where the patient resides, except in a licensed
 6-1     nursing home or hospital;
 6-2                       (F)  the pharmacist administers immunizations or
 6-3     vaccinations under a physician's written protocol and meets the
 6-4     standards established by the board;
 6-5                       (G)  the authority of the pharmacist to
 6-6     administer medications may not be delegated;
 6-7                       (H)  nothing in this subdivision shall be
 6-8     construed to prohibit a pharmacist from preparing or manipulating
 6-9     biotechnological agents or devices; and
6-10                       (I)  nothing in this subdivision shall be
6-11     construed as prohibiting a pharmacist from performing an act
6-12     delegated by a physician in accordance with the provisions of
6-13     Subsection (d), Section 3.06, Medical Practice Act (Article 4495b,
6-14     Vernon's Texas Civil Statutes), and the pharmacist performing such
6-15     a delegated medical act shall be considered to be performing a
6-16     medical act and not as engaged in the practice of pharmacy;
6-17                 (6)  the regulation of the training, qualifications,
6-18     and employment of pharmacist-interns; [and]
6-19                 (7)  the determination and issuance of standards for
6-20     recognizing and approving a pharmacy residency program for purposes
6-21     of Subchapter T, Chapter 61, Education Code; and
6-22                 (8)  the enforcement of this Act and any rules adopted
6-23     under this Act.
6-24           SECTION 3.  (a)  On the effective date of this Act, the
6-25     comptroller of public accounts shall transfer $850,000 from the
6-26     Texas State Board of Pharmacy account to the undedicated portion of
6-27     the general revenue fund.
6-28           (b)  The legislature may appropriate funds transferred under
6-29     Subsection (a) of this section only for the pharmacy residency
6-30     program established under Subchapter T, Chapter 61, Education Code,
6-31     as added by this Act.
6-32           SECTION 4.  This Act takes effect September 1, 1999.
6-33           SECTION 5.  The importance of this legislation and the
6-34     crowded condition of the calendars in both houses create an
6-35     emergency and an imperative public necessity that the
6-36     constitutional rule requiring bills to be read on three several
6-37     days in each house be suspended, and this rule is hereby suspended.
6-38                                  * * * * *