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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and inspection of certain out-of-state |
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pharmacies by the Texas State Board of Pharmacy; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 556, Occupations Code, is |
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amended by adding Section 556.0551 to read as follows: |
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Sec. 556.0551. INSPECTION OF LICENSED OUT-OF-STATE |
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PHARMACY. (a) The board may conduct a random inspection of a |
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pharmacy that holds a Class E pharmacy license and that compounds |
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sterile prescription drugs for delivery to patients in this state |
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as necessary to ensure compliance with the safety standards and |
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other requirements of this subtitle and board rules. |
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(b) The board by rule shall set fees in amounts reasonable |
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and necessary to cover the costs incurred by the board in inspecting |
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a pharmacy as provided by Subsection (a). |
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SECTION 2. Section 560.052, Occupations Code, is amended by |
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amending Subsection (c) and adding Subsection (g) to read as |
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follows: |
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(c) To qualify for a Class E pharmacy license, an applicant, |
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in addition to satisfying the other requirements of this chapter, |
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must provide to the board: |
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(1) evidence that the applicant holds a pharmacy |
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license, registration, or permit in good standing issued by the |
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state in which the pharmacy is located; |
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(2) the name of the owner and pharmacist-in-charge of |
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the pharmacy for service of process; |
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(3) evidence of the applicant's ability to provide to |
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the board a record of a prescription drug order dispensed by the |
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applicant to a resident of this state not later than 72 hours after |
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the time the board requests the record; |
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(4) an affidavit by the pharmacist-in-charge that |
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states that the pharmacist has read and understands the laws and |
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rules relating to a Class E pharmacy; |
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(5) proof of creditworthiness; and |
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(6) except as provided by Subsection (f) or (g), an |
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inspection report issued: |
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(A) not more than two years before the date the |
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license application is received; and |
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(B) by the pharmacy licensing board in the state |
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of the pharmacy's physical location[, except as provided by
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Subsection (f)]. |
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(g) A Class E pharmacy license may not be issued to a |
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pharmacy that compounds sterile prescription drugs for delivery to |
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patients in this state unless the pharmacy has been inspected by the |
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board to ensure the pharmacy meets the safety standards and other |
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requirements of this subtitle and board rules. The board by rule |
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shall set fees in amounts reasonable and necessary to cover the |
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costs incurred by the board in inspecting an applicant as required |
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by this subsection. |
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SECTION 3. Not later than November 1, 2013, the Texas State |
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Board of Pharmacy shall adopt rules as required by Section |
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556.0551, Occupations Code, as added by this Act, and Section |
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560.052, Occupations Code, as amended by this Act. |
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SECTION 4. Section 560.052, Occupations Code, as amended by |
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this Act, applies only to an application for a pharmacy license |
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submitted to the Texas State Board of Pharmacy on or after the |
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effective date of this Act. An application submitted before the |
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effective date of this Act is governed by the law in effect on the |
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date the application was submitted, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |