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A BILL TO BE ENTITLED
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AN ACT
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relating to disclosure of certain complaint and investigation |
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information by the Texas State Board of Pharmacy to the United |
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States Food and Drug Administration. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 555.010, Occupations Code, is amended to |
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read as follows: |
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Sec. 555.010. CONFIDENTIALITY; AUTHORIZED DISCLOSURE. (a) |
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Subject to Subsection (b), the [The] identity of a person who |
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reports to or assists the board under Section 555.002(c) and a |
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document that could disclose the identity of that person are |
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confidential and are not considered public information for the |
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purposes of Chapter 552, Government Code. |
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(b) The identity of a person described by Subsection (a) and |
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a document that could disclose the identity of that person may be |
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disclosed to the United States Food and Drug Administration under a |
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memorandum of understanding described by Section 503A, Federal |
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Food, Drug, and Cosmetic Act (21 U.S.C. Section 353a(b)(3)(B)), |
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entered into as provided by that section. |
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SECTION 2. Section 565.055(c), Occupations Code, is amended |
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to read as follows: |
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(c) Notwithstanding Subsection (b), information or material |
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compiled by the board in connection with an investigation may be |
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disclosed: |
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(1) during any proceeding conducted by the State |
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Office of Administrative Hearings, to the board, or a panel of the |
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board, or in a subsequent trial or appeal of a board action or |
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order; |
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(2) to a person providing a service to the board, |
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including an expert witness, investigator, or employee of an entity |
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that contracts with the board, related to a disciplinary proceeding |
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against an applicant or license holder, or a subsequent trial or |
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appeal, if the information is necessary for preparation for, or a |
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presentation in, the proceeding; |
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(3) to an entity in another jurisdiction that: |
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(A) licenses or disciplines pharmacists or |
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pharmacies; or |
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(B) registers or disciplines pharmacy |
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technicians or pharmacy technician trainees; |
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(4) to a pharmaceutical or pharmacy peer review |
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committee as described under Chapter 564; |
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(5) to a law enforcement agency; |
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(6) to a person engaged in bona fide research, if all |
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information identifying a specific individual has been deleted; |
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[or] |
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(7) to an entity that administers a board-approved |
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pharmacy technician certification examination; or |
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(8) to the United States Food and Drug Administration |
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under a memorandum of understanding described by Section 503A, |
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Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section |
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353a(b)(3)(B)), entered into as provided by that section. |
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SECTION 3. This Act takes effect September 1, 2023. |