By:  Lindsay                                          S.B. No. 1086
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to allowing the creation of a new class of pharmacy.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Section 29, Texas Pharmacy Act (Article 4542a-1,
 1-4     Vernon's Texas Civil Statutes), is amended by amending Subsections
 1-5     (b) and (c) and adding Subsections (h) and (i) to read as follows:
 1-6           (b)  Each pharmacy shall apply for a license in one or more
 1-7     of the following classifications:
 1-8                 (1)  Class A;
 1-9                 (2)  Class B;
1-10                 (3)  Class C;
1-11                 (4)  Class D; [or]
1-12                 (5)  Class E; or
1-13                 (6)  another class of pharmacy established by the board
1-14     under this section.
1-15           (c)  Each pharmacy shall be under the supervision of a
1-16     pharmacist as follows:
1-17                 (1)  a Class A pharmacy shall be under the continuous
1-18     on-site supervision of a pharmacist during the time it is open for
1-19     pharmacy services;
1-20                 (2)  a Class B pharmacy shall be under the continuous
1-21     on-site supervision of a pharmacist during the time it is open for
1-22     pharmacy services;
1-23                 (3)  a Class C pharmacy shall be under the continuous
1-24     on-site supervision of a pharmacist in institutions with more than
 2-1     100 beds during the time it is open for pharmacy services; in
 2-2     institutions with 100 beds or fewer, the services of a pharmacist
 2-3     shall be required on a part-time or consulting basis according to
 2-4     the needs of the institution;
 2-5                 (4)  a Class D pharmacy shall be under the continuous
 2-6     supervision of a pharmacist whose services shall be required
 2-7     according to the needs of the pharmacy; [and]
 2-8                 (5)  a Class E pharmacy shall be under the continuous
 2-9     on-site supervision of a pharmacist and shall designate one
2-10     pharmacist licensed to practice pharmacy by the regulatory or
2-11     licensing agency of the state in which the Class E pharmacy is
2-12     located to serve as the pharmacist-in-charge of the Class E
2-13     pharmacy license; and
2-14                 (6)  for any class of pharmacy established by the board
2-15     under this section, the board by rule shall require the continuous
2-16     on-site supervision of a pharmacist during the time it is open for
2-17     pharmacy services.
2-18           (h)  The board by rule may establish an additional class of
2-19     pharmacy license if the board determines that:
2-20                 (1)  the practice setting will provide pharmaceutical
2-21     care services to the public;
2-22                 (2)  an existing class of pharmacy license is not
2-23     appropriate for the practice setting; and
2-24                 (3)  a new class of pharmacy license is necessary to
2-25     protect the public health, safety, and welfare.
2-26           (i)  Nothing in this Act shall require any pharmacy to obtain
 3-1     an additional class of license for services the pharmacy is
 3-2     currently providing.
 3-3           SECTION 2.  This Act takes effect September 1, 1999.
 3-4           SECTION 3.  The importance of this legislation and the
 3-5     crowded condition of the calendars in both houses create an
 3-6     emergency and an imperative public necessity that the
 3-7     constitutional rule requiring bills to be read on three several
 3-8     days in each house be suspended, and this rule is hereby suspended.