Amend CSSB 768 as follows:
(1) On page 2, between lines 14 and 15, insert the following
section, appropriately numbered:
SECTION __. Chapter 555, Occupations Code, is amended by
adding Section 555.013 to read as follows:
Sec. 555.013. PHARMACIST AND PHARMACY PROFILES. (a) The
board shall create a profile of each pharmacist. The pharmacist
profile must:
(1) include the information required by Subsection
(b); and
(2) be compiled in a format that permits the board to
make the information contained in the profile available to the
public.
(b) A pharmacist profile must contain the following
information on each pharmacist:
(1) a description of the professional practice degree
from an accredited pharmacy degree program that was conferred on
the pharmacist, including:
(A) the name of the educational institution that
conferred the degree; and
(B) the date the degree was conferred;
(2) any specialty certification held by the
pharmacist;
(3) the number of years the pharmacist has been
licensed to practice pharmacy in:
(A) the United States; and
(B) this state;
(4) the pharmacist's practice locations;
(5) a description of any conviction for a Class A or
Class B misdemeanor or a felony during the 10-year period preceding
the date of the profile;
(6) criminal history record information consisting of
a description of any charges reported to the board during the
10-year period preceding the date of the profile to which the
pharmacist has pleaded no contest, for which the pharmacist is the
subject of deferred adjudication or pretrial diversion, or in which
sufficient facts of guilt were found and the matter was continued
by a court;
(7) a description of, or a copy of an order imposing,
any disciplinary action against the pharmacist by the board during
the 10-year period preceding the date of the profile or a longer
period as specified by board rule;
(8) a description of any disciplinary action against
the pharmacist by a pharmacist licensing board of another state
during the 10-year period preceding the date of the profile;
(9) a description of the final resolution by the board
of any professional liability claim required to be reviewed by the
board; and
(10) a description of, and the status of, any formal
complaint against the pharmacist filed with the board and referred
to the State Office of Administrative Hearings.
(c) The board shall create a profile of each pharmacy. The
pharmacy profile must:
(1) include the information required by Subsection
(d); and
(2) be compiled in a format that permits the board to
make the information contained in the profile available to the
public.
(d) A pharmacy profile must contain the following
information with regard to each pharmacy:
(1) a brief description of the major services provided
by the pharmacy;
(2) the physical address and telephone number of the
pharmacy;
(3) for each state in which the pharmacy is licensed:
(A) the state;
(B) the license number of the license; and
(C) the date the license was issued;
(4) the name of the pharmacist-in-charge of the
pharmacy;
(5) the name and license number of each pharmacist
employed at the pharmacy;
(6) the name of each owner of an interest in the
pharmacy and, if the pharmacy is owned by a partnership or
corporation, the name of each managing officer of the partnership
or corporation;
(7) the type of language translating services,
including translating services for a person with impairment of
hearing, that the pharmacy provides;
(8) whether the pharmacy participates in the state
child health plan under Chapter 62, Health and Safety Code, or the
Medicaid program;
(9) a description of, or a copy of an order imposing,
any disciplinary action against the pharmacy by the board during
the 10-year period preceding the date of the profile or a longer
period specified by board rule;
(10) a description of any disciplinary action against
the pharmacy by a pharmacy licensing board of another state during
the 10-year period preceding the date of the profile;
(11) a description of the final resolution by the
board of any professional liability claim required to be reviewed
by the board;
(12) whether the pharmacy is accessible to disabled
persons, as defined by federal law; and
(13) a description of, and the status of, any formal
complaint against the pharmacy filed with the board and referred to
the State Office of Administrative Hearings.
(e) Information required to be included under Subsection (b)
or (d) that is not maintained by the board in the ordinary course
of the board's duties shall be obtained from a pharmacist or
pharmacy at the time the pharmacist or pharmacy renews the
pharmacist's or pharmacy's license. In requesting information from
the pharmacist or pharmacy, the board shall:
(1) inform the pharmacist or pharmacy that compliance
with the request for information is mandatory;
(2) inform the pharmacist or pharmacy of the date the
information will be made available to the public; and
(3) instruct the pharmacist or pharmacy about any
requirements regarding correction of errors in the pharmacist's or
pharmacy's profile.
(f) This section does not:
(1) prevent the board from providing explanatory
information regarding the significance of categories in which
malpractice settlements are reported; or
(2) require the board to disclose confidential
settlement information.
(g) A pending professional liability claim or complaint may
not be disclosed to the public by the board. This subsection does
not prevent the board from investigating and disciplining a
pharmacist or pharmacy on the basis of a pending professional
liability claim or complaint.
(h) The board shall provide a pharmacist or pharmacy with a
copy of the pharmacist's or pharmacy's profile if the pharmacist or
pharmacy requests a copy at the time the pharmacist or pharmacy
renews the pharmacist's or pharmacy's license.
(i) The board shall update the information contained in a
pharmacist's or pharmacy's profile annually. The board shall adopt
a form that allows a pharmacist or pharmacy to update or correct
information contained in the pharmacist's or pharmacy's profile.
The form shall be made available on the Internet and in other
formats as prescribed by board rule. The board may adopt rules
concerning the type and content of additional information that may
be included in a pharmacist's or pharmacy's profile.
(j) The board shall make the profiles created under this
section available on the Internet.
(k) The board shall adopt rules as necessary to implement
this section.
(2) On page 8, strike line 19 and substitute the following:
SECTION 13. (a) Except as provided by Subsections (b) and
(c) of this section, this Act takes effect September 1, 2001.
(3) On page 9 of the bill, after line 19, add the following:
(c) Section 555.013, Occupations Code, as added by this Act,
takes effect only if SB 187, Acts of the 77th Legislature, Regular
Session, 2001, becomes law and if that Act requires the TexasOnline
Authority created by that Act to prepare rules for adoption by the
governing board of the Department of Information Resources to
prescribe the amount of the fee to be collected by a state agency
that establishes a profile system for its license holders.
(d) If SB 187, Acts of the 77th Legislature, Regular
Session, 2001, becomes law and if that Act requires the Texas State
Board of Pharmacy to establish a profile system under that Act,
requires the board to adopt rules under that Act for the profile
system not later than a specified date, and requires the initial
profiles to be available to the public not later than a specified
date, the requirements regarding adopting rules and making the
initial profiles available also apply to the profiles required
under this Act.
(4) Renumber the sections of the bill accordingly.