77R10248 MXM-D                           
         By Maxey                                                H.B. No. 99
         Substitute the following for H.B. No. 99:
         By Gray                                             C.S.H.B. No. 99
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the use of certain electronic media by the Texas State
 1-3     Board of Pharmacy and persons or entities regulated by that board.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subchapter B, Chapter 554, Occupations Code, is
 1-6     amended by adding Section 554.055 to read as follows:
 1-7           Sec. 554.055.  RULEMAKING; ELECTRONIC MEDIA.  The board shall
 1-8     adopt rules regarding the sale and delivery of drugs by use of
 1-9     electronic media, including the Internet.
1-10           SECTION 2. Section 555.002, Occupations Code, is amended by
1-11     adding Subsection (d) to read as follows:
1-12           (d)  A complaint directed to the board under this section may
1-13     be made through the Internet.
1-14           SECTION 3. Subchapter C, Chapter 562, Occupations Code, is
1-15     amended by adding Section 562.1045 to read as follows:
1-16           Sec. 562.1045.  LINKING INTERNET SITES.  (a)  This section
1-17     applies only to a pharmacy that:
1-18                 (1)  maintains a generally accessible Internet site;
1-19     and
1-20                 (2)  sells or distributes drugs through the Internet.
1-21           (b)  A pharmacy subject to this section shall link its site
1-22     to the Internet site maintained by the board.  The link must be:
1-23                 (1)  on the pharmacy's initial home page; and
1-24                 (2)  if the pharmacy sells drugs through its site, on
 2-1     the page where the sale occurs.
 2-2           SECTION 4. Not later than February 28, 2002, the Texas State
 2-3     Board of Pharmacy shall adopt the rules required by:
 2-4                 (1)  Section 554.055, Occupations Code, as added by
 2-5     this Act; and
 2-6                 (2)  Section 555.002(d), Occupations Code, as added by
 2-7     this Act.
 2-8           SECTION 5. (a)  Except as provided by Subsection (b) of this
 2-9     section, this Act takes effect September 1, 2001.
2-10           (b)  Section 562.1045, Occupations Code, as added by this
2-11     Act, takes effect November 1, 2001.