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Amend CSHB 3496 (house committee printing) as follows:
(1) On page 7, line 5, strike "Section 565.0551" and substitute "Sections 565.0551 and 565.0591".
(2) On page 7, between lines 15 and 16, insert the following:
Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE TO OPERATE. (a) On discovery by the board that a pharmacy licensed under Chapter 560 has ceased to operate for a period of 30 days or longer, the board shall notify the pharmacy that the license will be revoked.
(b) The notice must:
(1) include a statement that the pharmacy license is being revoked for violation of Section 565.002(a)(7); and
(2) inform the license holder of the license holder's right to a hearing to contest the revocation.
(c) Not later than the 20th day after the date the license holder receives the notice of revocation under this section, the license holder may submit a written request for a hearing to contest the revocation.
(d) If the license holder does not request a hearing within the period prescribed by Subsection (c), the board shall:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(e) If the license holder requests a hearing within the period prescribed by Subsection (c), a panel of three board members appointed by the president of the board shall conduct the hearing. At the hearing the panel shall determine whether the license holder has violated Section 565.002(a)(7).
(f) If the panel determines that the license holder committed the violation, the board shall promptly:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(g) Chapter 2001, Government Code, does not apply to a determination under Subsection (e).