S.B. 1315 78(R)    BILL ANALYSIS


S.B. 1315
By: Van de Putte
Public Health
Committee Report (Unamended)

    

BACKGROUND AND PURPOSE 

Current Texas law does not permit the Texas State Board of Pharmacy (TSBP)
the flexibility to establish new classes of pharmacy licenses under any
conditions. S.B. 1315 allows TSBP to issue a new class of pharmacy license
if TSBP determines it necessary based on certain conditions. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Texas State Board of Pharmacy in SECTION  2 (Section
560.053, Occupations  Code) and SECTION 3 (Section 562.101, Occupations
Code) of this bill. 

ANALYSIS

Amends Section 560.051(a), Occupations Code, to add a new Subdivision (6)
which allows for an additional classification of pharmacy license which
would be determined by the TSBP. 

Amends Subchapter B, Chapter 560, Occupations Code, by adding Section
560.053 to allow the Texas State Board of Pharmacy by rule to establish
classifications of pharmacy licenses in addition to the classifications
under Section 560.051 if it determines that certain criteria are met. 

Amends Section 562.101, Occupations Code, by adding Subsection (g) to
require TSBP, for a pharmacy license classification established under
Section 560.563, to adopt rules that provide for the supervision of the
pharmacy by a pharmacist.  Supervision under the board rules must require
at least continuous supervision by a pharmacist according to the needs of
the pharmacy. 

EFFECTIVE DATE
September 1, 2003.