By Hopson H.B. No. 2128
77R5248 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of pharmacy and the
1-3 dispensing of certain drugs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 551.003(12), (30), and (36), Occupations
1-6 Code, are amended to read as follows:
1-7 (12) "Dangerous drug" means a drug or device that:
1-8 (A) is not included in Penalty Group 1, 2, 3, or
1-9 4, Chapter 481, Health and Safety Code, and is unsafe for
1-10 self-medication; or
1-11 (B) bears or is required to bear the legend:
1-12 (i) "Caution: federal law prohibits
1-13 dispensing without prescription" or another legend that complies
1-14 with federal law and is adopted by board rule; or
1-15 (ii) "Caution: federal law restricts this
1-16 drug to use by or on the order of a licensed veterinarian."
1-17 (30) "Pharmacist-intern" means:
1-18 (A) an undergraduate student who is enrolled in
1-19 the professional sequence of a college of pharmacy approved by the
1-20 board and who is participating in a [school-based] board-approved
1-21 internship program; or
1-22 (B) a graduate of a college of pharmacy who is
1-23 participating in a board-approved internship.
1-24 (36) "Prescription drug" means:
2-1 (A) a substance for which federal or state law
2-2 requires a prescription before the substance may be legally
2-3 dispensed to the public;
2-4 (B) a drug or device that under federal law is
2-5 required, before being dispensed or delivered, to be labeled with
2-6 either of the following statements:
2-7 (i) "Caution: federal law prohibits
2-8 dispensing without prescription" or another legend that complies
2-9 with federal law and is adopted by board rule; or
2-10 (ii) "Caution: federal law restricts this
2-11 drug to use by or on the order of a licensed veterinarian"; or
2-12 (C) a drug or device that is required by federal
2-13 or state statute or regulation to be dispensed on prescription or
2-14 that is restricted to use by a practitioner only.
2-15 SECTION 2. Section 552.004(b), Occupations Code, is amended
2-16 to read as follows:
2-17 (b) A pharmacist member of the board may not be[:]
2-18 [(1) a salaried faculty member at a college of
2-19 pharmacy; or]
2-20 [(2)] an officer, employee, or paid consultant of a
2-21 Texas trade association in the field of health care or the spouse
2-22 of an officer, employee, or paid consultant.
2-23 SECTION 3. Section 559.003(d), Occupations Code, is amended
2-24 to read as follows:
2-25 (d) If a person's license has been expired for one year or
2-26 more, the person's license is considered to have been canceled and,
2-27 unless the license is the subject of a pending investigation or
3-1 disciplinary action, the person may not renew the license.
3-2 SECTION 4. Section 559.053, Occupations Code, is amended to
3-3 read as follows:
3-4 Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder
3-5 satisfies the continuing education requirement by presenting
3-6 evidence satisfactory to the board of completion of at least 30
3-7 [24] hours of continuing education during the preceding 24 months
3-8 of the person's license period.
3-9 SECTION 5. Section 560.002(a), Occupations Code, is amended
3-10 to read as follows:
3-11 (a) A person may not display in or on a place of business
3-12 the word "pharmacy" or "apothecary" in any language, any word or
3-13 combination of words of the same or similar meaning, or a graphic
3-14 representation that would lead or tend to lead the public to
3-15 believe that the business is a pharmacy unless the facility is a
3-16 pharmacy licensed under this chapter.
3-17 SECTION 6. Section 561.005, Occupations Code, is amended to
3-18 read as follows:
3-19 Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.
3-20 (a) The board shall suspend the license and remove from the
3-21 register of licensed pharmacies the name of a pharmacy that does
3-22 not file a completed application and pay the renewal fee on or
3-23 before the date the license expires.
3-24 (b) Subsection (a) does not apply if the license is the
3-25 subject of a pending investigation or disciplinary action.
3-26 SECTION 7. Section 564.002, Occupations Code, is amended to
3-27 read as follows:
4-1 Sec. 564.002. CONFIDENTIALITY. (a) The records and
4-2 proceedings of the board, an authorized agent of the board, or a
4-3 pharmaceutical organization committee described under Section
4-4 564.001(a) or (b), in connection with a report under Section
4-5 564.001(a) or (b), are confidential and are not considered public
4-6 information for purposes of Chapter 552, Government Code.
4-7 (b) Subsection (a) does not apply to a disciplinary order of
4-8 the board if the license holder has been the subject of a previous
4-9 disciplinary order that was confidential under Subsection (a).
4-10 SECTION 8. Section 481.074(a), Health and Safety Code, is
4-11 amended to read as follows:
4-12 (a) A pharmacist may not:
4-13 (1) dispense or deliver a controlled substance or
4-14 cause a controlled substance to be dispensed or delivered under the
4-15 pharmacist's direction or supervision except under a valid
4-16 prescription and in the course of professional practice, including
4-17 a determination by the pharmacist that, in the pharmacist's
4-18 professional judgement:
4-19 (A) the prescription is authentic;
4-20 (B) the prescription was issued under a valid
4-21 patient-physician relationship; and
4-22 (C) the prescribed drug is considered necessary
4-23 for the treatment of illness;
4-24 (2) fill a prescription that is not prepared or issued
4-25 as prescribed by this chapter;
4-26 (3) permit or allow a person who is not a licensed
4-27 pharmacist or pharmacist intern to dispense, distribute, or in any
5-1 other manner deliver a controlled substance even if under the
5-2 supervision of a pharmacist, except that after the pharmacist or
5-3 pharmacist intern has fulfilled his professional and legal
5-4 responsibilities, a nonpharmacist may complete the actual cash or
5-5 credit transaction and delivery; or
5-6 (4) permit the delivery of a controlled substance to
5-7 any person not known to the pharmacist, the pharmacist intern, or
5-8 the person authorized by the pharmacist to deliver the controlled
5-9 substance without first requiring identification of the person
5-10 taking possession of the controlled substance, except as provided
5-11 by Subsection (n).
5-12 SECTION 9. Section 483.001(2), Health and Safety Code, is
5-13 amended to read as follows:
5-14 (2) "Dangerous drug" means a device or a drug that is
5-15 unsafe for self-medication and that is not included in Schedules I
5-16 through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
5-17 Controlled Substances Act). The term includes a device or a drug
5-18 that bears or is required to bear the legend:
5-19 (A) "Caution: federal law prohibits dispensing
5-20 without prescription" or another legend that complies with federal
5-21 law and is adopted by board rule; or
5-22 (B) "Caution: federal law restricts this drug
5-23 to use by or on the order of a licensed veterinarian."
5-24 SECTION 10. Section 483.021(a), Health and Safety Code, is
5-25 amended to read as follows:
5-26 (a) A pharmacist who is requested to dispense a dangerous
5-27 drug under a prescription issued by a practitioner [described by
6-1 Section 483.001(12)(C)] shall determine, in the exercise of the
6-2 pharmacist's professional judgment, that:
6-3 (1) the prescription is authentic;
6-4 (2) the prescription was issued under a valid
6-5 patient-physician relationship; and
6-6 (3) the prescribed drug is considered necessary for
6-7 the treatment of illness.
6-8 SECTION 11. (a) In accordance with Section 311.031(c),
6-9 Government Code, which gives effect to a substantive amendment
6-10 enacted by the same legislature that codifies the amended statute,
6-11 the text of Sections 559.053 and 561.005, Occupations Code, as set
6-12 out in Sections 4 and 6 of this Act, give effect to changes made by
6-13 Chapter 1518, Acts of the 76th Legislature, Regular Session, 1999.
6-14 (b) To the extent of any conflict, this Act prevails over
6-15 another Act of the 77th Legislature, Regular Session, 2001,
6-16 relating to nonsubstantive additions to and corrections in enacted
6-17 codes.
6-18 SECTION 12. (a) This Act takes effect September 1, 2001.
6-19 (b) The change in law made by this Act to Section
6-20 552.004(b), Occupations Code, applies only to the qualifications of
6-21 the member of the Texas State Board of Pharmacy appointed on or
6-22 after the effective date of this Act. A member appointed before
6-23 the effective date of this Act is governed by the law in effect
6-24 immediately before the effective date of this Act, and the former
6-25 law is continued in effect for that purpose.