By Lindsay S.B. No. 1086
76R7041 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing the creation of a new class of pharmacy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 29, Texas Pharmacy Act (Article 4542a-1,
1-5 Vernon's Texas Civil Statutes), is amended by amending Subsections
1-6 (b) and (c) and adding Subsection (h) to read as follows:
1-7 (b) Each pharmacy shall apply for a license in one or more
1-8 of the following classifications:
1-9 (1) Class A;
1-10 (2) Class B;
1-11 (3) Class C;
1-12 (4) Class D; [or]
1-13 (5) Class E; or
1-14 (6) another class of pharmacy established by the board
1-15 under this section.
1-16 (c) Each pharmacy shall be under the supervision of a
1-17 pharmacist as follows:
1-18 (1) a Class A pharmacy shall be under the continuous
1-19 on-site supervision of a pharmacist during the time it is open for
1-20 pharmacy services;
1-21 (2) a Class B pharmacy shall be under the continuous
1-22 on-site supervision of a pharmacist during the time it is open for
1-23 pharmacy services;
1-24 (3) a Class C pharmacy shall be under the continuous
2-1 on-site supervision of a pharmacist in institutions with more than
2-2 100 beds during the time it is open for pharmacy services; in
2-3 institutions with 100 beds or fewer, the services of a pharmacist
2-4 shall be required on a part-time or consulting basis according to
2-5 the needs of the institution;
2-6 (4) a Class D pharmacy shall be under the continuous
2-7 supervision of a pharmacist whose services shall be required
2-8 according to the needs of the pharmacy; [and]
2-9 (5) a Class E pharmacy shall be under the continuous
2-10 on-site supervision of a pharmacist and shall designate one
2-11 pharmacist licensed to practice pharmacy by the regulatory or
2-12 licensing agency of the state in which the Class E pharmacy is
2-13 located to serve as the pharmacist-in-charge of the Class E
2-14 pharmacy license; and
2-15 (6) for any other class of pharmacy established by the
2-16 board under this section, the board by rule shall determine the
2-17 amount of pharmacist supervision necessary for that class, which
2-18 may not be less than continuous supervision by a pharmacist.
2-19 (h) The board by rule may establish an additional class of
2-20 pharmacy license if the board determines that:
2-21 (1) the practice setting will provide pharmaceutical
2-22 care services to the public;
2-23 (2) an existing class of pharmacy license is not
2-24 appropriate for the practice setting; and
2-25 (3) a new class of pharmacy license is necessary to
2-26 protect the public health, safety, and welfare.
2-27 SECTION 2. This Act takes effect September 1, 1999.
3-1 SECTION 3. The importance of this legislation and the
3-2 crowded condition of the calendars in both houses create an
3-3 emergency and an imperative public necessity that the
3-4 constitutional rule requiring bills to be read on three several
3-5 days in each house be suspended, and this rule is hereby suspended.