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.