Amend SB 410 by adding the following appropriately numbered 
SECTIONS to the bill and renumbering subsequent SECTIONS of the 
bill accordingly:
	SECTION ___.  The legislature finds that:                                      
		(1)  prescription drugs are expensive to the point that 
some residents of this state have been forced to choose between 
purchasing prescription drugs and paying for other essentials, such 
as groceries or rent;
		(2)  prescription drugs can be purchased at much lower 
costs in Canada;     
		(3)  scams offering low-cost prescription drugs are 
prevalent on the Internet and in spam e-mail, and these practices 
make it difficult for consumers in this state to determine how and 
where to purchase safe and effective prescription drugs at 
affordable prices;
		(4)  the Regulatory Procedures Manual of the Federal 
Drug Administration authorizes agency personnel to allow the 
importation of products regulated by that agency when the quantity 
and purpose are clearly for personal use and the product does not 
present an unreasonable risk to the user; and
		(5)  other states and municipalities provide Internet 
websites and other methods to allow residents of those states or 
municipalities to safely purchase prescription drugs from Canada.
	SECTION ___.  Subchapter A, Chapter 554, Occupations Code, 
is amended by adding Section 554.016 to read as follows:
	Sec. 554.016.  CANADIAN PHARMACY INSPECTION; DESIGNATION; 
FEES; INFORMATION.  (a)  The board shall designate at least one and 
not more than 10 Canadian pharmacies whose primary business is to 
dispense prescription drugs under prescription drug orders to 
Canadian residents, as having passed inspection by the board for 
shipping, mailing, or delivering to this state a prescription 
dispensed under a prescription drug order to a resident in this 
state.
	(b)  The board by rule shall set fees in amounts reasonable 
and necessary to cover the costs incurred by the board in inspecting 
Canadian pharmacies as provided by Subsection (a).
	(c)  The board shall establish and maintain an Internet 
website to provide information necessary to enable residents of 
this state to conveniently order prescription drugs from Canadian 
pharmacies designated by the board as having passed inspection to 
dispense prescription drugs to residents in this state in 
accordance with this subtitle and board rules.  The board shall 
include on the website a statement that the board is not liable for 
any act or omission of a Canadian pharmacy designated as having 
passed inspection to dispense prescription drugs to residents in 
this state.
	SECTION ___.  Subchapter B, Chapter 556, Occupations Code, 
is amended by adding Section 556.0555 to read as follows:
	Sec. 556.0555.  INSPECTIONS.  (a)  At least annually, the 
board shall conduct random inspections of Canadian pharmacies 
designated under Section 554.016 as necessary to ensure compliance 
with the safety standards and other requirements of this subtitle 
and board rules.
	(b)  Notwithstanding the requirements of this chapter, the 
board by rule may establish the standards and procedures for 
inspections under this section.
	(c)  The board may enter into a written agreement with 
another state for an agency or employee of the state to perform 
services for the board related to inspecting a Canadian pharmacy 
designated by the board under Section 554.016 to dispense 
prescription drugs to residents in this state.  This subsection 
does not apply to the initial inspection of the pharmacy.
	SECTION ___.  Section 560.001, Occupations Code, is amended 
by adding Subsection (c) to read as follows:
	(c)  A pharmacy located in Canada may not ship, mail, or 
deliver to this state a prescription drug dispensed under a 
prescription drug order to a resident of this state unless the 
pharmacy is designated by the board under Section 554.016.
	SECTION ___.  Subchapter B, Chapter 560, Occupations Code, 
is amended by adding Section 560.0525 to read as follows:
	Sec. 560.0525.  ADDITIONAL QUALIFICATION REQUIREMENTS FOR 
CANADIAN PHARMACIES.  (a)  To pass an inspection by the board, a 
Canadian pharmacy must meet Texas licensing standards.
	(b)  In addition to satisfying the other requirements of this 
chapter, to qualify for designation by the board under Section 
554.016, a Canadian pharmacy applicant must submit to the board:
		(1)  evidence satisfactory to the board that the 
applicant holds a pharmacy license, registration, or permit in good 
standing issued by Canada or the Canadian province in which the 
pharmacy is located and is not subject to any pending disciplinary 
action or legal action by any regulatory authority;
		(2)  the name and address of the pharmacy's owner and 
pharmacist-in-charge for service of process;
		(3)  evidence of the applicant's ability to provide to 
the board, not later than 72 hours after the time the board requests 
the record, a record of a prescription drug order authorizing the 
pharmacy to dispense a prescription drug to a resident of this 
state;
		(4)  an affidavit by the pharmacist-in-charge that 
states the pharmacist has read and understands this subtitle and 
the rules adopted under this subtitle that relate to a Canadian 
pharmacy designated by the board as having passed inspection to 
dispense prescription drugs to residents in this state;
		(5)  evidence satisfactory to the board that the 
applicant meets the standards established by board rule to ensure 
customer safety for each order filled and in the dispensing, 
storing, packaging, shipping, and delivering of prescription 
drugs; and
		(6)  evidence satisfactory to the board that the 
applicant's employees hold the appropriate Canadian licenses 
required to dispense prescription drugs in Canada.
	(c)  Before a Canadian pharmacy is designated as having 
passed inspection to dispense prescription drugs to residents in 
this state, a representative of the board shall visit the 
pharmacy's facilities and review the pharmacy's compliance with the 
requirements and safety standards established under this subtitle.
	SECTION ___.  Section 562.101, Occupations Code, is amended 
by adding Subsection (f-1) to read as follows:
	(f-1)  A Canadian pharmacy designated by the board as having 
passed inspection to dispense prescription drugs to residents in 
this state is required to be under the continuous on-site 
supervision of a pharmacist and shall designate one pharmacist 
licensed to practice pharmacy by the regulatory or licensing agency 
of Canada or of the Canadian province in which the Canadian pharmacy 
is located to serve as the pharmacist-in-charge of the Canadian 
pharmacy.
	SECTION ___.  Subchapter C, Chapter 562, Occupations Code, 
is amended by adding Section 562.111 to read as follows:
	Sec. 562.111.  PRESCRIPTION DRUG ORDER FOR CONSUMER.  (a)  A 
pharmacy in this state may order for a consumer a prescription drug 
from a Canadian pharmacy designated by the board under Section 
554.016 to dispense prescription drugs to residents in this state.
	(b)  A pharmacy may order a prescription drug under this 
section only with the knowledge and clear consent of the consumer.
	SECTION ___.  Chapter 562, Occupations Code, is amended by 
adding Subchapter E to read as follows:

SUBCHAPTER E.  PRACTICE BY CANADIAN PHARMACY
	Sec. 562.201.  ADDITIONAL PRACTICE REQUIREMENTS.  In 
addition to complying with the other requirements of this chapter, 
a Canadian pharmacy designated by the board under Section 554.016 
shall:
		(1)  dispense a prescription drug to a resident of this 
state only under the lawful order of a practitioner licensed in the 
United States;
		(2)  dispense to a resident of this state only a 
prescription drug that is approved by Canada's Therapeutic Products 
Directorate for sale to residents of Canada;
		(3)  dispense to a resident of this state a 
prescription drug in the original, unopened manufacturer's 
packaging whenever possible; and
		(4)  dispense to a resident of this state only drugs 
prescribed for long-term use.
	Sec. 562.202.  LIMITATIONS ON PRACTICE.  A Canadian pharmacy 
designated by the board under Section 554.016 to dispense 
prescription drugs to residents in this state may not:
		(1)  dispense to a resident of this state a 
prescription drug for which there is not an equivalent drug 
approved by the United States Food and Drug Administration for sale 
in the United States;
		(2)  dispense to a resident of this state a 
prescription drug that cannot be safely shipped by mail, common 
carrier, or delivery service;
		(3)  dispense in one order to a resident of this state a 
quantity of a prescription drug that exceeds:
			(A)  a three-month supply; or                                         
			(B)  the amount ordered by the practitioner;                          
		(4)  fill a prescription drug order for a consumer who 
is a resident of this state that the consumer indicates is the 
consumer's first prescription for that drug; or
		(5)  dispense to a resident of this state any of the 
following:      
			(A)  a substance designated as a controlled 
substance under Chapter 481, Health and Safety Code (Texas 
Controlled Substances Act);
			(B)  a biological product, as described by Section 
351, Public Health Service Act (42 U.S.C. Section 262);
			(C)  an infused drug, including a peritoneal 
dialysis solution;     
			(D)  an intravenously injected drug; or                               
			(E)  a drug that is inhaled during surgery.                           
	Sec. 562.203.  COMPLAINT REPORT.  A Canadian pharmacy 
designated by the board under Section 554.016 to dispense 
prescription drugs to residents in this state shall provide to the 
board periodic reports in accordance with board rules on each 
complaint received by the pharmacy from a consumer in this state who 
purchases a prescription drug from the pharmacy.
	Sec. 562.204.  PRICE LIST.  A Canadian pharmacy designated 
by the board under Section 554.016 shall:
		(1)  compile and maintain a current price list for 
prescription drugs provided to residents in this state; and
		(2)  guarantee those prices for not less than 30 days 
from the date the list is effective.
	SECTION ___.  (a)  Not later than the 30th day after the 
effective date of this Act, the Texas State Board of Pharmacy shall 
adopt the initial rules necessary to implement the changes in law 
made by this Act to Subtitle J, Title 3, Occupations Code, in the 
manner provided by law for adoption of emergency rules.  This 
subsection expires January 1, 2006.
	(b)  Not later than January 1, 2006, the Texas State Board of 
Pharmacy shall adopt the rules necessary to implement the changes 
in law made by this Act to Subtitle J, Title 3, Occupations Code.
	(c)  The requirements for a Canadian pharmacy to be 
designated under Section 554.016, Occupations Code, as added by 
this Act, to dispense prescription drugs in this state under 
Subtitle J, Title 3, Occupations Code, as amended by this Act, take 
effect March 1, 2006.