1-1 By: Madla S.B. No. 768
1-2 (In the Senate - Filed February 19, 2001; February 20, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 26, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 March 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 768 By: Carona
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the practice of pharmacy and the
1-11 dispensing of certain drugs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subdivisions (12), (30), and (36), Section
1-14 551.003, Occupations Code, are amended to read as follows:
1-15 (12) "Dangerous drug" means a drug or device that:
1-16 (A) is not included in Penalty Group 1, 2, 3, or
1-17 4, Chapter 481, Health and Safety Code, and is unsafe for
1-18 self-medication; or
1-19 (B) bears or is required to bear the legend:
1-20 (i) "Caution: federal law prohibits
1-21 dispensing without prescription" or "Rx only" or another legend
1-22 that complies with federal law; or
1-23 (ii) "Caution: federal law restricts this
1-24 drug to use by or on the order of a licensed veterinarian."
1-25 (30) "Pharmacist-intern" means:
1-26 (A) an undergraduate student who is enrolled in
1-27 the professional sequence of a college of pharmacy approved by the
1-28 board and who is participating in a [school-based] board-approved
1-29 internship program; or
1-30 (B) a graduate of a college of pharmacy who is
1-31 participating in a board-approved internship.
1-32 (36) "Prescription drug" means:
1-33 (A) a substance for which federal or state law
1-34 requires a prescription before the substance may be legally
1-35 dispensed to the public;
1-36 (B) a drug or device that under federal law is
1-37 required, before being dispensed or delivered, to be labeled with
1-38 [either of] the statement [following statements]:
1-39 (i) "Caution: federal law prohibits
1-40 dispensing without prescription" or "Rx only" or another legend
1-41 that complies with federal law; or
1-42 (ii) "Caution: federal law restricts this
1-43 drug to use by or on the order of a licensed veterinarian"; or
1-44 (C) a drug or device that is required by federal
1-45 or state statute or regulation to be dispensed on prescription or
1-46 that is restricted to use by a practitioner only.
1-47 SECTION 2. Subsection (d), Section 559.003, Occupations
1-48 Code, is amended to read as follows:
1-49 (d) If a person's license has been expired for one year or
1-50 more, the person's license is considered to have been canceled and
1-51 the person may not renew the license, unless the license is the
1-52 subject of a pending investigation or disciplinary action.
1-53 SECTION 3. Section 559.053, Occupations Code, is amended to
1-54 read as follows:
1-55 Sec. 559.053. PROGRAM HOURS REQUIRED. A license holder
1-56 satisfies the continuing education requirement by presenting
1-57 evidence satisfactory to the board of completion of at least 30
1-58 [24] hours of continuing education during the preceding 24 months
1-59 of the person's license period.
1-60 SECTION 4. Subsection (a), Section 560.002, Occupations
1-61 Code, is amended to read as follows:
1-62 (a) A person may not display in or on a place of business
1-63 the word "pharmacy" or "apothecary" in any language, any word or
1-64 combination of words of the same or similar meaning, or a graphic
2-1 representation that would lead or tend to lead the public to
2-2 believe that the business is a pharmacy unless the facility is a
2-3 pharmacy licensed under this chapter.
2-4 SECTION 5. Section 561.005, Occupations Code, is amended to
2-5 read as follows:
2-6 Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.
2-7 (a) The board shall suspend the license and remove from the
2-8 register of licensed pharmacies the name of a pharmacy that does
2-9 not file a completed application and pay the renewal fee on or
2-10 before the date the license expires.
2-11 (b) After review by the board, the board may determine that
2-12 Subsection (a) does not apply if the license is the subject of a
2-13 pending investigation or disciplinary action.
2-14 SECTION 6. Section 564.002, Occupations Code, is amended to
2-15 read as follows:
2-16 Sec. 564.002. CONFIDENTIALITY. (a) The records and
2-17 proceedings of the board, an authorized agent of the board, or a
2-18 pharmaceutical organization committee described under Section
2-19 564.001(a) or (b), in connection with a report under Section
2-20 564.001(a) or (b), are confidential and are not considered public
2-21 information for purposes of Chapter 552, Government Code.
2-22 (b) After review by the board, the board may determine that
2-23 Subsection (a) does not apply to a disciplinary order of the board
2-24 if the license holder has been the subject of a previous
2-25 disciplinary order that was confidential under Subsection (a).
2-26 SECTION 7. Subsection (a), Section 481.074, Health and
2-27 Safety Code, is amended to read as follows:
2-28 (a) A pharmacist may not:
2-29 (1) dispense or deliver a controlled substance or
2-30 cause a controlled substance to be dispensed or delivered under the
2-31 pharmacist's direction or supervision except under a valid
2-32 prescription and in the course of professional practice;
2-33 (2) dispense a controlled substance if the pharmacist
2-34 knows or should have known that the prescription was issued without
2-35 a valid patient-practitioner relationship;
2-36 (3) fill a prescription that is not prepared or issued
2-37 as prescribed by this chapter;
2-38 (4) [(3)] permit or allow a person who is not a
2-39 licensed pharmacist or pharmacist intern to dispense, distribute,
2-40 or in any other manner deliver a controlled substance even if under
2-41 the supervision of a pharmacist, except that after the pharmacist
2-42 or pharmacist intern has fulfilled his professional and legal
2-43 responsibilities, a nonpharmacist may complete the actual cash or
2-44 credit transaction and delivery; or
2-45 (5) [(4)] permit the delivery of a controlled
2-46 substance to any person not known to the pharmacist, the pharmacist
2-47 intern, or the person authorized by the pharmacist to deliver the
2-48 controlled substance without first requiring identification of the
2-49 person taking possession of the controlled substance, except as
2-50 provided by Subsection (n).
2-51 SECTION 8. Subdivision (2), Section 483.001, Health and
2-52 Safety Code, is amended to read as follows:
2-53 (2) "Dangerous drug" means a device or a drug that is
2-54 unsafe for self-medication and that is not included in Schedules I
2-55 through V or Penalty Groups 1 through 4 of Chapter 481 (Texas
2-56 Controlled Substances Act). The term includes a device or a drug
2-57 that bears or is required to bear the legend:
2-58 (A) "Caution: federal law prohibits dispensing
2-59 without prescription" or "Rx only" or another legend that complies
2-60 with federal law; or
2-61 (B) "Caution: federal law restricts this drug
2-62 to use by or on the order of a licensed veterinarian."
2-63 SECTION 9. Subsection (a), Section 483.021, Health and
2-64 Safety Code, is amended to read as follows:
2-65 (a) A pharmacist who is requested to dispense a dangerous
2-66 drug under a prescription issued by a practitioner [described by
2-67 Section 483.001(12)(C)] shall determine, in the exercise of the
2-68 pharmacist's professional judgment, that[:]
2-69 [(1)] the prescription is [authentic;]
3-1 [(2) the prescription was issued under] a valid
3-2 prescription [patient-physician relationship; and]
3-3 [(3) the prescribed drug is considered necessary for
3-4 the treatment of illness]. A pharmacist may not dispense a
3-5 dangerous drug if the pharmacist knows or should have known that
3-6 the prescription was issued without a valid patient-practitioner
3-7 relationship.
3-8 SECTION 10. (a) In accordance with Subsection (c), Section
3-9 311.031, Government Code, which gives effect to a substantive
3-10 amendment enacted by the same legislature that codifies the amended
3-11 statute, the text of Sections 559.053 and 561.005, Occupations
3-12 Code, as set out in Sections 3 and 5 of this Act, gives effect to
3-13 changes made by Chapter 1518, Acts of the 76th Legislature, Regular
3-14 Session, 1999.
3-15 (b) To the extent of any conflict, this Act prevails over
3-16 another Act of the 77th Legislature, Regular Session, 2001,
3-17 relating to nonsubstantive additions to and corrections in enacted
3-18 codes.
3-19 SECTION 11. (a) This Act takes effect September 1, 2001.
3-20 (b) The change in law made by this Act to Section 559.053,
3-21 Occupations Code, requiring additional hours of continuing
3-22 education, applies only to a 24-month license period that begins on
3-23 or after the effective date of this Act. A 24-month license period
3-24 that begins before the effective date of this Act is governed by
3-25 the law in effect immediately before the effective date of this
3-26 Act, and the former law is continued in effect for that purpose.
3-27 * * * * *