By:  Van de Putte                                                 S.B. No. 1315


A BILL TO BE ENTITLED

AN ACT

relating to the establishment of pharmacy license classifications 
by the Texas State Board of Pharmacy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 560.051, Occupations 
Code, is amended to read as follows:
	(a)  Each applicant for a pharmacy license shall apply for a 
license in one or more of the following classifications:
		(1)  Class A;                                                                 
		(2)  Class B;                                                                 
		(3)  Class C;                                                                 
		(4)  Class D; [or]                                           
		(5)  Class E; or                                                       
		(6)  another classification established by the board 
under Section 560.053.
	SECTION 2.  Subchapter B, Chapter 560, Occupations Code, is 
amended by adding Section 560.053 to read as follows:
	Sec. 560.053.  ESTABLISHMENT OF ADDITIONAL PHARMACY 
CLASSIFICATIONS.  The board by rule may establish classifications 
of pharmacy licenses in addition to the classifications under 
Section 560.051 if the board determines that:
		(1)  the practice setting will provide pharmaceutical 
care services to the public;
		(2)  the existing classifications of pharmacy licenses 
are not appropriate for that practice setting; and
		(3)  establishment of a new classification of pharmacy 
license is necessary to protect the public health, safety, and 
welfare.
	SECTION 3.  Section 562.101, Occupations Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  For a pharmacy license classification established under 
Section 560.053, the board shall 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.
	SECTION 4.  This Act takes effect September 1, 2003.