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.
3-9 COMMITTEE AMENDMENT NO. 1
3-10 Amend SB 1086 as follows:
3-11 (1) On page 2, line 26, add a new subsection (i) as follows:
3-12 (i) A new class of pharmacy created by this Act shall not
3-13 deal primarily in orthotics or prosthetics.
3-14 (2) Renumber subsections accordingly.
3-15 Glaze