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.