Texas Senate Bill SB1438

Texas 2011 - 82nd Regular

• Introduced: 3/10/11
• Out of Senate Committee: 4/21/11
• Voted on by Senate: 5/5/11
• Refer: 3/22/11
• Out of House Committee: 5/20/11
• Report Pass: 4/21/11
• Voted on by House: 5/23/11
• Engrossed: 5/5/11
• Governor Action: 6/17/11
• Refer: 5/9/11
• Report Pass: 5/18/11
• Enrolled: 5/23/11
• Passed: 6/17/11

Caption

Relating to the program for impaired pharmacists and disciplinary proceedings conducted by the Texas State Board of Pharmacy.

Impact

The bill introduces significant changes to the Occupations Code that govern the pharmacy profession in Texas. By enhancing the State Board's disciplinary authority and establishing a clear protocol for addressing impairment, SB1438 has the potential to improve public safety while allowing pharmacists the chance to recover and regain their professional competence. It aims to create a more supportive environment for pharmacists facing personal challenges, ultimately benefiting both the professional and the public through the maintenance of patient safety and quality care.

Summary

Senate Bill 1438 aims to address the regulation and oversight of impaired pharmacists in Texas, specifically through the framework established by the Texas State Board of Pharmacy. This bill proposes amendments to existing laws regarding the reporting and handling of pharmacist impairments, providing a structured program to assist pharmacists struggling with issues such as chemical dependence or mental health disorders. A key aspect of this legislation is the emphasis on confidentiality, ensuring that any reports or proceedings relating to an impaired pharmacist are not disclosed publicly, which encourages individuals to seek help without fear of public scrutiny.

Contention

Despite its supportive intent, SB1438 generates discussion regarding the balance between protecting impaired pharmacists and ensuring public safety. Critics may voice concerns about the potential risks if impaired pharmacists are allowed to continue practicing while undergoing treatment. Additionally, the strict confidentiality provisions could lead to debates about transparency and accountability within the pharmacy profession. Stakeholders may express differing opinions on whether the bill sufficiently safeguards the public or if it inadvertently prioritizes the interests of pharmacists over those they serve.