SRC-CTC S.B. 768 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 768
77R5248 JMM-FBy: Madla
Health & Human Services
3/12/2001
As Filed


DIGEST AND PURPOSE 

Currently, state law regulating the practice of pharmacy is not consistent
with certain federal requirements and the actual practice of pharmacy in
this state.  The federal Food and Drug Administration (FDA) has frequently
changed the labeling requirements for prescription drugs and Texas law has
not changed with the same frequency to comply.  The State Board of Pharmacy
(board) has either changed its rules or suggested changes to current law to
deal with outmoded restrictions or limitations.  As proposed, S.B. 768,
among other things, allows the board to comply, by rule, with certain
federal labeling requirements; allows pharmacy students to work as interns
outside of their college-assigned programs; allows academic pharmacists to
serve on the board, increases continuing education requirements for
pharmacists; and strengthens the board's jurisdiction and penalty ability
relating to certain actions. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 551.003, Occupations Code to redefine "dangerous
drug," "pharmacist-intern," and "prescription drug." 

SECTION 2.  Amends Section 552.004(b), Occupations Code, to delete wording
prohibiting a pharmacist member of the Texas State Board of Pharmacy from
being a salaried faculty member at a college of pharmacy. 

SECTION 3.  Amends Section 559.003(d), Occupations Code, to provide that a
person's license, if it has been expired for one year or more, is
considered to have been canceled and prohibits the license from being
renewed unless the license is the subject of a pending investigation or
disciplinary action. 

SECTION 4.  Amends Section 559.053, Occupations Code, to increase the
continuing education requirement for a license holder from 24 hours during
the preceding 24 months of the person's license period to 30 hours. 

SECTION 5.  Amends Section 560.002(a), Occupations Code, to prohibit the
word "apothecary" from being displayed in certain manners in or on a place
of business unless the facility is a pharmacy licensed under this chapter. 

SECTION 6.  Amends Section 561.005, Occupations Code, to provide an
exception to the applicability of this section. 

SECTION 7.  Amends Section 564.002, Occupations Code, to provide an
exception to the applicability of this section. 

 SECTION 8.  Amends Section 481.074(a), Health and Safety Code, to set
forth certain conditions under which a pharmacist may dispense or deliver a
controlled substance or cause a controlled substance to be dispensed or
delivered under the pharmacist's direction or supervision. 

SECTION 9.  Amends Section 483.001(2), Health and Safety Code, to redefine
"dangerous drug." 

SECTION 10.  Amends Section 483.021(a), Health and Safety Code, to delete
wording relating to a practitioner that issues a prescription for a
dangerous drug. 

SECTION 11.  Provides that the text of Sections 559.053 and 561.005,
Occupations Code, as set out in Sections 4 and 6 of this Act, give effect
to changes made by Chapter 1518, Acts of the 76th Legislature, Regular
Session, 1999, in accordance with Section 311.031(c), Government Code,
which gives effect to a substantive amendment enacted by the same
legislature that codifies the amended statute.  Provides that to the extent
of any conflict, this Act prevails over another Act of the 77th
Legislature, Regular Session, 2001, relating to nonsubstantive additions to
and corrections in enacted codes. 

SECTION 12.  Effective date: September 1, 2001.
   Makes application of this Act prospective.