BILL ANALYSIS
Senate Research Center S.B. 1127
81R2059 JAM-F By: Van de Putte
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
The Texas State Board of Pharmacy (TSBP) is the state agency responsible for the licensure and discipline of Texas pharmacists and pharmacies. Its main responsibility is to protect the public's health, safety, and welfare by fostering the provision of quality pharmaceutical care to the citizens of Texas. In meeting this goal, TSBP randomly samples products that have been compounded by pharmacies and tests these products for accuracy of compounding. As part of this testing, TSBP collects the formulas used by the pharmacy for compounding the product. Under the current law, all information TSBP collects during this process is considered public information for purposes of the Public Information Act. However, many of the formulas and other processes used in compounding these compounded products are trademarked and the information collected is therefore proprietary.
As proposed, S.B. 1127 provides that all reports, formulas, and test results of samples of products compounded by pharmacies that TSBP obtains are confidential and are not public information.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 556.053, Occupations Code, as follows:
Sec. 556.053. New heading: EXTENT OF INSPECTION; CONFIDENTIALITY. (a) Creates this subsection from existing text.
(b) Provides that reports, records, formulas, and test results of samples of products compounded by pharmacies obtained by the Texas State Board of Pharmacy (TSBP) are confidential and do not constitute public information for purposes of Chapter 552 (Public Information), Government Code. Authorizes TSBP to create, use, or disclose statistical information from the test results of samples of compounded products.
SECTION 2. Effective date: upon passage or September 1, 2009.