By: Madla S.B. No. 768
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. Subdivisions (12), (30), and (36), Section
1-6 551.003, Occupations 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 "Rx only" or another legend
1-14 that complies with federal law; 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:
1-25 (A) a substance for which federal or state law
2-1 requires a prescription before the substance may be legally
2-2 dispensed to the public;
2-3 (B) a drug or device that under federal law is
2-4 required, before being dispensed or delivered, to be labeled with
2-5 [either of] the statement [following statements]:
2-6 (i) "Caution: federal law prohibits
2-7 dispensing without prescription" or "Rx only" or another legend
2-8 that complies with federal law; or
2-9 (ii) "Caution: federal law restricts this
2-10 drug to use by or on the order of a licensed veterinarian"; or
2-11 (C) a drug or device that is required by federal
2-12 or state statute or regulation to be dispensed on prescription or
2-13 that is restricted to use by a practitioner only.
2-14 SECTION 2. Subsection (d), Section 559.003, Occupations
2-15 Code, is amended to read as follows:
2-16 (d) If a person's license has been expired for one year or
2-17 more, the person's license is considered to have been canceled and
2-18 the person may not renew the license, unless the license is the
2-19 subject of a pending investigation or disciplinary action.
2-20 SECTION 3. Section 559.053, Occupations Code, is amended to
2-21 read as follows:
2-22 Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder
2-23 satisfies the continuing education requirement by presenting
2-24 evidence satisfactory to the board of completion of at least 30
2-25 [24] hours of continuing education during the preceding 24 months
2-26 of the person's license period.
3-1 SECTION 4. Subsection (a), Section 560.002, Occupations
3-2 Code, is amended to read as follows:
3-3 (a) A person may not display in or on a place of business
3-4 the word "pharmacy" or "apothecary" in any language, any word or
3-5 combination of words of the same or similar meaning, or a graphic
3-6 representation that would lead or tend to lead the public to
3-7 believe that the business is a pharmacy unless the facility is a
3-8 pharmacy licensed under this chapter.
3-9 SECTION 5. Section 561.005, Occupations Code, is amended to
3-10 read as follows:
3-11 Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.
3-12 (a) The board shall suspend the license and remove from the
3-13 register of licensed pharmacies the name of a pharmacy that does
3-14 not file a completed application and pay the renewal fee on or
3-15 before the date the license expires.
3-16 (b) After review by the board, the board may determine that
3-17 Subsection (a) does not apply if the license is the subject of a
3-18 pending investigation or disciplinary action.
3-19 SECTION 6. Section 564.002, Occupations Code, is amended to
3-20 read as follows:
3-21 Sec. 564.002. CONFIDENTIALITY. (a) The records and
3-22 proceedings of the board, an authorized agent of the board, or a
3-23 pharmaceutical organization committee described under Section
3-24 564.001(a) or (b), in connection with a report under Section
3-25 564.001(a) or (b), are confidential and are not considered public
3-26 information for purposes of Chapter 552, Government Code.
4-1 (b) After review by the board, the board may determine that
4-2 Subsection (a) does not apply to a disciplinary order of the board
4-3 if the license holder has been the subject of a previous
4-4 disciplinary order that was confidential under Subsection (a).
4-5 SECTION 7. Subsection (a), Section 481.074, Health and
4-6 Safety Code, is amended to read as follows:
4-7 (a) A pharmacist may not:
4-8 (1) dispense or deliver a controlled substance or
4-9 cause a controlled substance to be dispensed or delivered under the
4-10 pharmacist's direction or supervision except under a valid
4-11 prescription and in the course of professional practice;
4-12 (2) dispense a controlled substance if the pharmacist
4-13 knows or should have known that the prescription was issued without
4-14 a valid patient-practitioner relationship;
4-15 (3) fill a prescription that is not prepared or issued
4-16 as prescribed by this chapter;
4-17 (4) [(3)] permit or allow a person who is not a
4-18 licensed pharmacist or pharmacist intern to dispense, distribute,
4-19 or in any other manner deliver a controlled substance even if under
4-20 the supervision of a pharmacist, except that after the pharmacist
4-21 or pharmacist intern has fulfilled his professional and legal
4-22 responsibilities, a nonpharmacist may complete the actual cash or
4-23 credit transaction and delivery; or
4-24 (5) [(4)] permit the delivery of a controlled
4-25 substance to any person not known to the pharmacist, the pharmacist
4-26 intern, or the person authorized by the pharmacist to deliver the
5-1 controlled substance without first requiring identification of the
5-2 person taking possession of the controlled substance, except as
5-3 provided by Subsection (n).
5-4 SECTION 8. Subdivision (2), Section 483.001, Health and
5-5 Safety Code, is amended to read as follows:
5-6 (2) "Dangerous drug" means a device or a drug that is
5-7 unsafe for self-medication and that is not included in Schedules I
5-8 through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
5-9 Controlled Substances Act). The term includes a device or a drug
5-10 that bears or is required to bear the legend:
5-11 (A) "Caution: federal law prohibits dispensing
5-12 without prescription" or "Rx only" or another legend that complies
5-13 with federal law; or
5-14 (B) "Caution: federal law restricts this drug
5-15 to use by or on the order of a licensed veterinarian."
5-16 SECTION 9. Subsection (a), Section 483.021, Health and
5-17 Safety Code, is amended to read as follows:
5-18 (a) A pharmacist who is requested to dispense a dangerous
5-19 drug under a prescription issued by a practitioner [described by
5-20 Section 483.001(12)(C)] shall determine, in the exercise of the
5-21 pharmacist's professional judgment, that[:]
5-22 [(1)] the prescription is [authentic;]
5-23 [(2) the prescription was issued under] a valid
5-24 prescription [patient-physician relationship; and]
5-25 [(3) the prescribed drug is considered necessary for
5-26 the treatment of illness]. A pharmacist may not dispense a
6-1 dangerous drug if the pharmacist knows or should have known that
6-2 the prescription was issued without a valid patient-practitioner
6-3 relationship.
6-4 SECTION 10. (a) In accordance with Subsection (c), Section
6-5 311.031, Government Code, which gives effect to a substantive
6-6 amendment enacted by the same legislature that codifies the amended
6-7 statute, the text of Sections 559.053 and 561.005, Occupations
6-8 Code, as set out in Sections 3 and 5 of this Act, gives effect to
6-9 changes made by Chapter 1518, Acts of the 76th Legislature, Regular
6-10 Session, 1999.
6-11 (b) To the extent of any conflict, this Act prevails over
6-12 another Act of the 77th Legislature, Regular Session, 2001,
6-13 relating to nonsubstantive additions to and corrections in enacted
6-14 codes.
6-15 SECTION 11. (a) This Act takes effect September 1, 2001.
6-16 (b) The change in law made by this Act to Section 559.053,
6-17 Occupations Code, requiring additional hours of continuing
6-18 education, applies only to a 24-month license period that begins on
6-19 or after the effective date of this Act. A 24-month license period
6-20 that begins before the effective date of this Act is governed by
6-21 the law in effect immediately before the effective date of this
6-22 Act, and the former law is continued in effect for that purpose.