1-1 By: Lindsay S.B. No. 1086
1-2 (In the Senate - Filed March 9, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Health Services;
1-4 April 22, 1999, reported favorably, as amended, by the following
1-5 vote: Yeas 5, Nays 0; April 22, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Lindsay
1-7 Amend S.B. No. 1086 as follows:
1-8 (1) On page 1, delete lines 56 through 59 and insert
1-9 "(6) for any class of pharmacy established by the board under this
1-10 section, the board by rule shall require the continuous on-site
1-11 supervision of a pharmacist during the time it is open for pharmacy
1-12 services."; and
1-13 (2) Insert a new Subsection (i) on page 2, between lines 4
1-14 and 5, to read as follows: "(i) Nothing in this Act shall require
1-15 any pharmacy to obtain an additional class of license for services
1-16 the pharmacy is currently providing."
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to allowing the creation of a new class of pharmacy.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Section 29, Texas Pharmacy Act (Article 4542a-1,
1-22 Vernon's Texas Civil Statutes), is amended by amending Subsections
1-23 (b) and (c) and adding Subsection (h) to read as follows:
1-24 (b) Each pharmacy shall apply for a license in one or more
1-25 of the following classifications:
1-26 (1) Class A;
1-27 (2) Class B;
1-28 (3) Class C;
1-29 (4) Class D; [or]
1-30 (5) Class E; or
1-31 (6) another class of pharmacy established by the board
1-32 under this section.
1-33 (c) Each pharmacy shall be under the supervision of a
1-34 pharmacist as follows:
1-35 (1) a Class A pharmacy shall be under the continuous
1-36 on-site supervision of a pharmacist during the time it is open for
1-37 pharmacy services;
1-38 (2) a Class B pharmacy shall be under the continuous
1-39 on-site supervision of a pharmacist during the time it is open for
1-40 pharmacy services;
1-41 (3) a Class C pharmacy shall be under the continuous
1-42 on-site supervision of a pharmacist in institutions with more than
1-43 100 beds during the time it is open for pharmacy services; in
1-44 institutions with 100 beds or fewer, the services of a pharmacist
1-45 shall be required on a part-time or consulting basis according to
1-46 the needs of the institution;
1-47 (4) a Class D pharmacy shall be under the continuous
1-48 supervision of a pharmacist whose services shall be required
1-49 according to the needs of the pharmacy; [and]
1-50 (5) a Class E pharmacy shall be under the continuous
1-51 on-site supervision of a pharmacist and shall designate one
1-52 pharmacist licensed to practice pharmacy by the regulatory or
1-53 licensing agency of the state in which the Class E pharmacy is
1-54 located to serve as the pharmacist-in-charge of the Class E
1-55 pharmacy license; and
1-56 (6) for any other class of pharmacy established by the
1-57 board under this section, the board by rule shall determine the
1-58 amount of pharmacist supervision necessary for that class, which
1-59 may not be less than continuous supervision by a pharmacist.
1-60 (h) The board by rule may establish an additional class of
1-61 pharmacy license if the board determines that:
1-62 (1) the practice setting will provide pharmaceutical
1-63 care services to the public;
2-1 (2) an existing class of pharmacy license is not
2-2 appropriate for the practice setting; and
2-3 (3) a new class of pharmacy license is necessary to
2-4 protect the public health, safety, and welfare.
2-5 SECTION 2. This Act takes effect September 1, 1999.
2-6 SECTION 3. The importance of this legislation and the
2-7 crowded condition of the calendars in both houses create an
2-8 emergency and an imperative public necessity that the
2-9 constitutional rule requiring bills to be read on three several
2-10 days in each house be suspended, and this rule is hereby suspended.
2-11 * * * * *