HBA-MPM H.B. 2128 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2128 By: Hopson Public Health 4/16/2001 Introduced BACKGROUND AND PURPOSE Over the past two years, the Texas State Board of Pharmacy (TSBP) has convened to consider recommendations to the 77th Texas Legislature. TSBP recommended that changes be made to existing statute for the purposes of achieving consistency with federal law and to clarify and tighten the regulatory language for the practice of pharmacy in Texas. House Bill 2128 incorporates changes recommended by TSBP into the Texas Pharmacy Act, the Texas Dangerous Drug Act, and the Texas Controlled Substance Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Pharmacy in SECTION 1 (Section 551.003, Occupations Code) and SECTION 9 (Section 483.001, Health and Safety Code) of this bill. ANALYSIS House Bill 2128 amends the Occupations Code and the Health and Safety Code to amend the definitions of "dangerous drug" and "prescription drug" to provide that such drugs bear a legend that complies with federal law and is adopted by Texas State Board of Pharmacy (TSBP) rule. The bill amends the Occupations Code to remove the stipulation from the definition of "pharmacist-intern" that internship programs be school-based. The bill removes the restriction that a salaried faculty member at a college of pharmacy may not serve as a TSBP board member. The bill provides that the cancellation of a person's license to practice pharmacy and the suspension of a licensed pharmacy's license for failure to not renew do not apply if the license is the subject of a pending investigation or disciplinary action. The bill prohibits a person from displaying in a place of business the word "apothecary" unless the facility is a licensed pharmacy. The bill increases from 24 to 30 the minimum number of hours of continuing education in a 24-month period that satisfies the continuing education requirement for licensed pharmacists. The bill provides that provisions governing the confidentiality of records and proceedings of the board do not apply to a disciplinary order of the board if a license holder has been the subject of a previous disciplinary order that was confidential under those provisions. The bill amends the Health and Safety Code to require a pharmacist who is requested to dispense a dangerous drug to determine in the pharmacist's professional judgment that the prescription is authentic and was issued under a valid patient-physician relationship, and that the drug is considered necessary for treatment of illness for all prescriptions and not just those issued by a practitioner licensed in Canada or Mexico. EFFECTIVE DATE September 1, 2001.