| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the membership and operation of the Texas State Board of |
|
|
Pharmacy. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 552.004, Occupations Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A person may not be a member of the board if the person |
|
|
is an employee, contractor, or law enforcement officer of another |
|
|
state or federal governmental entity involved in the regulation of |
|
|
drugs or medical devices. |
|
|
SECTION 2. Chapter 552, Occupations Code, is amended by |
|
|
adding Section 552.013 to read as follows: |
|
|
Sec. 552.013. BOARD INDEPENDENCE. The board shall adopt |
|
|
policies and procedures to ensure that the board, to the extent |
|
|
allowed by law, exercises its powers and duties independent of |
|
|
other state and federal governmental entities. |
|
|
SECTION 3. Section 553.005, Occupations Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) A person may not be an employee of the board if the |
|
|
person is an employee, contractor, or law enforcement officer of |
|
|
another state or federal governmental entity involved in the |
|
|
regulation of drugs or medical devices. |
|
|
SECTION 4. Chapter 555, Occupations Code, is amended by |
|
|
adding Section 555.0015 to read as follows: |
|
|
Sec. 555.0015. DISCLOSURE OF LICENSE HOLDER INFORMATION. |
|
|
(a) The board or an employee of the board may not disclose to a state |
|
|
or federal governmental entity information relating to a license |
|
|
holder that is exempt from public disclosure under Chapter 552, |
|
|
Government Code, unless the entity presents a subpoena, warrant, or |
|
|
other court order compelling disclosure of the information. |
|
|
(b) Not later than the 10th day after the date of the |
|
|
disclosure, the board shall notify a license holder that the board |
|
|
has disclosed information about the license holder under Chapter |
|
|
552, Government Code. |
|
|
SECTION 5. Subchapter B, Chapter 556, Occupations Code, is |
|
|
amended by adding Section 556.057 to read as follows: |
|
|
Sec. 556.057. INSPECTION SCHEDULE. (a) The board by rule |
|
|
shall develop and implement an inspection schedule designed to |
|
|
promote voluntary compliance with this subtitle and board rules. |
|
|
(b) The inspection schedule must include risk-based |
|
|
inspections scheduled according to the following criteria: |
|
|
(1) the type and nature of the license holder's |
|
|
business or practice; |
|
|
(2) whether there has been a prior violation by the |
|
|
license holder; |
|
|
(3) the inspection history of the license holder; |
|
|
(4) any history of complaints involving the license |
|
|
holder; and |
|
|
(5) any other factor determined by the board. |
|
|
SECTION 6. Subchapter A, Chapter 566, Occupations Code, is |
|
|
amended by adding Section 566.010 to read as follows: |
|
|
Sec. 566.010. DISPOSITION OF PENALTY. A penalty collected |
|
|
under this subchapter shall be deposited in the state treasury to |
|
|
the credit of the general revenue fund. |
|
|
SECTION 7. Section 566.102, Occupations Code, is amended to |
|
|
read as follows: |
|
|
Sec. 566.102. COLLECTION BY ATTORNEY GENERAL. (a) At the |
|
|
request of the board, the attorney general shall institute an |
|
|
action to collect a civil penalty from a person who has violated |
|
|
this subtitle or any rule adopted under this subtitle. |
|
|
(b) A penalty collected by the attorney general under this |
|
|
section shall be deposited in the state treasury to the credit of |
|
|
the general revenue fund. |
|
|
SECTION 8. (a) Section 552.004(c), Occupations Code, as |
|
|
added by this Act, applies to a member of the Texas State Board of |
|
|
Pharmacy who is serving on the board on the effective date of this |
|
|
Act or who is appointed to the board on or after the effective date |
|
|
of this Act. |
|
|
(b) Section 553.005(c), Occupations Code, as added by this |
|
|
Act, applies to a person who is employed by the Texas State Board of |
|
|
Pharmacy on the effective date of this Act or who is hired by the |
|
|
board on or after the effective date of this Act. |
|
|
(c) As soon as practicable on or after the effective date of |
|
|
this Act: |
|
|
(1) the governor shall remove a member of the Texas |
|
|
State Board of Pharmacy who does not qualify for board membership |
|
|
under Section 552.004(c), Occupations Code, as added by this Act; |
|
|
and |
|
|
(2) the executive director of the Texas State Board of |
|
|
Pharmacy shall terminate the employment of any employee who does |
|
|
not qualify for board employment under Section 553.005(c), |
|
|
Occupations Code, as added by this Act. |
|
|
SECTION 9. Not later than December 31, 2009, the Texas State |
|
|
Board of Pharmacy shall adopt rules necessary to implement the |
|
|
changes in law made by this Act. |
|
|
SECTION 10. Section 555.0015(b), Occupations Code, as added |
|
|
by this Act, applies only to the disclosure of information by the |
|
|
Texas State Board of Pharmacy that occurs on or after the effective |
|
|
date of this Act. |
|
|
SECTION 11. This Act takes effect September 1, 2009. |