By: Nelson, Moncrief S.B. No. 1889
99S1381/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the regulation of pharmacy technicians.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (o), Section 17, Texas Pharmacy Act
1-4 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-5 read as follows:
1-6 (o) The board:
1-7 (1) shall establish rules for the use of pharmacy
1-8 technicians and the duties of those technicians in pharmacies
1-9 licensed by the board, provided that those technicians are
1-10 responsible to and directly supervised by a pharmacist licensed by
1-11 the board[; provided however that the board may not adopt rules or
1-12 regulations establishing ratios of pharmacists to pharmacy
1-13 technicians in Class C pharmacies]; and
1-14 (2) may determine and issue standards for recognition
1-15 and approval of training programs for pharmacy technicians and
1-16 maintain a list of training programs that meet the standards.
1-17 SECTION 2. The Texas Pharmacy Act (Article 4542a-1, Vernon's
1-18 Texas Civil Statutes), is amended by adding Section 20A to read as
1-19 follows:
1-20 Sec. 20A. QUALIFICATIONS FOR AND SUPERVISION OF PHARMACY
1-21 TECHNICIANS. In establishing the rules under Section 17(o) of this
1-22 Act, the board shall:
1-23 (1) require that pharmacy technicians have a high
1-24 school diploma, a General Educational Development certificate, or
2-1 be working to achieve an equivalent degree;
2-2 (2) require all pharmacy technicians to have passed
2-3 the national pharmacy technician certification program of the
2-4 Pharmacy Technician Certification Board;
2-5 (3) provide that pharmacy technicians perform only
2-6 nonjudgmental technical duties that must be performed under the
2-7 direct supervision of the pharmacist in charge; and
2-8 (4) provide that the ratio of support personnel to a
2-9 supervising pharmacist not exceed two to one.
2-10 SECTION 3. (a) This Act takes effect September 1, 1999.
2-11 (b) The rule of the Texas State Board of Pharmacy requiring
2-12 that pharmacist technicians pass the national pharmacy technician
2-13 certification program, as provided by Subdivision (2), Section 20A,
2-14 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
2-15 Statutes), as added by this Act, shall be effective September 1,
2-16 1999.
2-17 SECTION 4. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.