81R235 BEF-F
By: Brown of Brazos H.B. No. 97
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.