1-1     By:  Maxey (Senate Sponsor - Van de Putte)              H.B. No. 99
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on Health
 1-4     and Human Services; May 11, 2001, reported favorably by the
 1-5     following vote:  Yeas 7, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the use of certain electronic media by the Texas State
 1-9     Board of Pharmacy and persons or entities regulated by that board.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1. Subchapter B, Chapter 554, Occupations Code, is
1-12     amended by adding Section 554.055 to read as follows:
1-13           Sec. 554.055.  RULEMAKING; ELECTRONIC MEDIA.  The board shall
1-14     adopt rules regarding the sale and delivery of drugs by use of
1-15     electronic media, including the Internet.
1-16           SECTION 2. Section 555.002, Occupations Code, is amended by
1-17     adding Subsection (d) to read as follows:
1-18           (d)  A complaint directed to the board under this section may
1-19     be made through the Internet.
1-20           SECTION 3. Subchapter C, Chapter 562, Occupations Code, is
1-21     amended by adding Section 562.1045 to read as follows:
1-22           Sec. 562.1045.  LINKING INTERNET SITES.  (a)  This section
1-23     applies only to a pharmacy that:
1-24                 (1)  maintains a generally accessible Internet site;
1-25     and
1-26                 (2)  sells or distributes drugs through the Internet.
1-27           (b)  A pharmacy subject to this section shall link its site
1-28     to the Internet site maintained by the board.  The link must be:
1-29                 (1)  on the pharmacy's initial home page; and
1-30                 (2)  if the pharmacy sells drugs through its site, on
1-31     the page where the sale occurs.
1-32           SECTION 4. Not later than February 28, 2002, the Texas State
1-33     Board of Pharmacy shall adopt the rules required by:
1-34                 (1)  Section 554.055, Occupations Code, as added by
1-35     this Act; and
1-36                 (2)  Section 555.002(d), Occupations Code, as added by
1-37     this Act.
1-38           SECTION 5. (a)  Except as provided by Subsection (b) of this
1-39     section, this Act takes effect September 1, 2001.
1-40           (b)  Section 562.1045, Occupations Code, as added by this
1-41     Act, takes effect November 1, 2001.
1-42                                  * * * * *