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A BILL TO BE ENTITLED
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AN ACT
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relating to complaints filed with the Texas State Board of |
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Pharmacy; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 555.005, Occupations Code, is amended to |
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read as follows: |
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Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint |
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received by the board, the board shall maintain information about |
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parties to the complaint, including the complainant's identity, the |
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subject matter of the complaint, a summary of the results of the |
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review or investigation of the complaint, and the [its] disposition |
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of the complaint. |
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SECTION 2. Section 555.007, Occupations Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The board may not consider or act on a complaint |
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involving a violation alleged to have occurred more than seven |
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years before the date the complaint is received by the board. |
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SECTION 3. Section 565.051, Occupations Code, is amended to |
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read as follows: |
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Sec. 565.051. DISCIPLINE AUTHORIZED. On a determination |
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that a ground for discipline exists under Subchapter A, or that a |
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violation of this subtitle or a rule adopted under this subtitle has |
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been committed by a license holder or applicant for a license or |
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renewal of a license, the board may: |
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(1) suspend the person's license; |
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(2) revoke the person's license; |
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(3) restrict the person's license to prohibit the |
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person from performing certain acts or from practicing pharmacy or |
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operating a pharmacy in a particular manner for a term and under |
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conditions determined by the board; |
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(4) impose an administrative penalty under Chapter |
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566; |
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(5) refuse to issue or renew the person's license; |
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(6) place the offender's license on probation and |
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supervision by the board for a period determined by the board and |
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impose a requirement that the license holder: |
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(A) report regularly to the board on matters that |
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are the basis of the probation; |
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(B) limit practice to the areas prescribed by the |
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board; |
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(C) continue or review professional education |
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until the license holder attains a degree of skill satisfactory to |
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the board in each area that is the basis of the probation; or |
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(D) pay the board a probation fee to defray the |
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costs of monitoring the license holder during the period of |
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probation; |
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(7) reprimand the person; |
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(8) retire the person's license as provided by board |
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rule; [or] |
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(9) issue a remedial plan; or |
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(10) impose more than one of the sanctions listed in |
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this section [subsection]. |
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SECTION 4. Section 565.056, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsections (d) and (e) to read |
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as follows: |
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(b) A rule adopted under this section must: |
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(1) provide the complainant, if applicable and |
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permitted by law, and the license holder an opportunity to be heard; |
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[and] |
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(2) require the presence of an attorney to advise the |
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board or a board employee; and |
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(3) if an informal meeting will be held, require |
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notice of the time and place of the informal meeting to be given to |
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the license holder not later than the 45th day before the date the |
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informal meeting is held. |
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(d) The notice required by Subsection (b)(3) must be |
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accompanied by a written statement of the nature of the allegations |
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against the license holder and the information the board intends to |
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use at the informal meeting. If the board does not provide the |
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statement or information when the notice is provided, the license |
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holder may use that failure as grounds for rescheduling the |
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informal meeting. The license holder must provide to the board the |
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license holder's rebuttal not later than the 15th day before the |
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date of the meeting in order for that information to be considered |
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at the meeting. |
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(e) On request by a license holder under review, the board |
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shall make a recording of the informal meeting. The recording is a |
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part of the investigative file and may not be released to a third |
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party unless authorized under this subtitle. The board may charge |
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the license holder a fee to cover the cost of recording the meeting. |
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The board shall provide a copy of the recording to the license |
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holder on the license holder's request. |
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SECTION 5. Subchapter B, Chapter 565, Occupations Code, is |
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amended by adding Section 565.060 to read as follows: |
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Sec. 565.060. REMEDIAL PLAN. (a) The board may issue and |
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establish the terms of a remedial plan to resolve the investigation |
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of a complaint relating to this subtitle. |
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(b) A remedial plan may not contain a provision that: |
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(1) revokes, suspends, limits, or restricts a person's |
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license or other authorization to practice pharmacy; or |
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(2) assesses an administrative penalty against a |
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person. |
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(c) A remedial plan may not be imposed to resolve a |
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complaint: |
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(1) concerning: |
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(A) a death; |
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(B) a hospitalization; or |
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(C) the commission of a felony; or |
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(2) in which the appropriate resolution may involve a |
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restriction on the manner in which a license holder practices |
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pharmacy. |
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(d) The board may not issue a remedial plan to resolve a |
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complaint against a license holder if the license holder has |
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entered into a remedial plan with the board in the preceding 24 |
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months for the resolution of a different complaint relating to this |
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subtitle. |
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(e) If a license holder complies with and successfully |
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completes the terms of a remedial plan, the board shall remove all |
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records of the remedial plan from the board's records on the second |
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anniversary of the date the license holder successfully completes |
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the remedial plan. |
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(f) The board may assess a fee against a license holder |
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participating in a remedial plan in an amount necessary to recover |
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the costs of administering the plan. |
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(g) The board shall adopt rules necessary to implement this |
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section. |
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SECTION 6. Section 565.061, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) Except as provided by this section and Chapter 564, a |
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disciplinary action taken by the board [under Section 565.060 or] |
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on the basis of a ground for discipline under Subchapter A is |
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governed by Chapter 2001, Government Code, and the rules of |
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practice and procedure before the board. |
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(a-1) After receiving the administrative law judge's |
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findings of fact and conclusions of law, the board shall dispose of |
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the contested case by issuing a final order based on the |
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administrative law judge's findings of fact and conclusions of law. |
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(a-2) Notwithstanding Section 2001.058(e), Government |
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Code, the board may not change a finding of fact or conclusion of |
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law or vacate or modify an order of the administrative law judge. |
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The board may obtain judicial review of any finding of fact or |
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conclusion of law issued by the administrative law judge as |
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provided by Section 2001.058(f)(5), Government Code. For each |
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case, the board has the sole authority and discretion to determine |
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the appropriate action or sanction, and the administrative law |
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judge may not make any recommendation regarding the appropriate |
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action or sanction. |
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SECTION 7. (a) Sections 555.005 and 565.056, Occupations |
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Code, as amended by this Act, and Section 555.007(d), Occupations |
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Code, as added by this Act, apply only to the investigation of a |
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complaint filed on or after the effective date of this Act. The |
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investigation of a complaint filed before that date is governed by |
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the law in effect on the date the complaint was filed, and that law |
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is continued in effect for that purpose. |
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(b) The Texas State Board of Pharmacy shall adopt rules |
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under Section 565.060, Occupations Code, as added by this Act, not |
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later than January 1, 2014. |
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(c) Section 565.051, Occupations Code, as amended by this |
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Act, and Section 565.060, Occupations Code, as added by this Act, |
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apply only to a complaint under Subtitle J, Title 3, Occupations |
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Code, filed on or after the effective date of this Act. A complaint |
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under Subtitle J, Title 3, Occupations Code, filed before that date |
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is governed by the law in effect on the date the complaint was |
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filed, and that law is continued in effect for that purpose. |
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(d) Section 565.061, Occupations Code, as amended by this |
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Act, applies only to a contested case for which an administrative |
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law judge employed by the State Office of Administrative Hearings |
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issues written findings of fact and conclusions of law on or after |
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the effective date of this Act. A contested case for which an |
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administrative law judge employed by the State Office of |
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Administrative Hearings issues written findings of fact and |
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conclusions of law before the effective date of this Act is governed |
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by the law in effect on the date the findings of fact and |
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conclusions of law were issued, and the former law is continued in |
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effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2013. |