83R7084 SLB-F
By: Zedler H.B. No. 3282
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of pharmacy; authorizing
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 353.204(e), Occupations Code, is amended
to read as follows:
(e) The Texas State Board of Pharmacy is responsible for
enforcing this chapter with regard to a violation of this chapter by
a pharmacist. A violation of this chapter by a pharmacist is
considered to be a violation of Subtitle J[, other than Chapter
567].
SECTION 2. Section 551.001, Occupations Code, is amended to
read as follows:
Sec. 551.001. SHORT TITLE. This [The chapters of this]
subtitle[, other than Chapter 567,] may be cited as the Texas
Pharmacy Act.
SECTION 3. Section 551.003, Occupations Code, is amended by
amending Subdivision (32) and adding Subdivision (32-a) to read as
follows:
(32) "Pharmacy technician" means an individual
employed by a pharmacy whose responsibility is to provide technical
services that do not require professional judgment regarding
preparing and distributing drugs and who works under the direct
supervision of and is responsible to a pharmacist. The term does
not include a pharmacy technician trainee.
(32-a) "Pharmacy technician trainee" means an
individual who is registered with the board as a pharmacy
technician trainee and is authorized to participate in a pharmacy
technician training program.
SECTION 4. Section 554.002, Occupations Code, is amended to
read as follows:
Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The
board shall regulate the practice of pharmacy in this state by:
(1) issuing a license after examination or by
reciprocity to an applicant qualified to practice pharmacy and
issuing a license to a pharmacy under this subtitle;
(2) renewing a license to practice pharmacy and a
license to operate a pharmacy;
(3) determining and issuing standards for recognizing
and approving degree requirements of colleges of pharmacy whose
graduates are eligible for a license in this state;
(4) specifying and enforcing requirements for
practical training, including an internship;
(5) enforcing the provisions of this subtitle relating
to:
(A) the conduct or competence of a pharmacist
practicing in this state and the conduct of a pharmacy operating in
this state; and
(B) the suspension, revocation, retirement, or
restriction of a license to practice pharmacy or to operate a
pharmacy or the imposition of an administrative penalty or
reprimand on a license holder;
(6) regulating the training, qualifications, and
employment of a pharmacist-intern, [and] pharmacy technician, and
pharmacy technician trainee; and
(7) determining and issuing standards for recognizing
and approving a pharmacy residency program for purposes of
Subchapter W, Chapter 61, Education Code.
SECTION 5. Section 554.007(b), Occupations Code, is amended
to read as follows:
(b) The board may receive and spend money, or use gifts,
grants, and other funds and assets [from a party, other than the
state], in addition to money collected under Subsection (a), in
accordance with state law.
SECTION 6. The heading to Section 554.053, Occupations
Code, is amended to read as follows:
Sec. 554.053. RULEMAKING: PHARMACY TECHNICIAN AND PHARMACY
TECHNICIAN TRAINEE.
SECTION 7. Sections 554.053(a) and (b), Occupations Code,
are amended to read as follows:
(a) The board shall establish rules for the use and the
duties of a pharmacy technician and pharmacy technician trainee in
a pharmacy licensed by the board. A pharmacy technician and
pharmacy technician trainee shall be responsible to and must be
directly supervised by a pharmacist.
(b) The board may not adopt a rule establishing a ratio of
pharmacists to pharmacy technicians and pharmacy technician
trainees in a Class C pharmacy or limiting the number of pharmacy
technicians or pharmacy technician trainees that may be used in a
Class C pharmacy.
SECTION 8. Section 557.004, Occupations Code, is amended to
read as follows:
Sec. 557.004. LIMITATIONS ON REGISTRATION. (a) The board
may:
(1) refuse to issue a registration to an applicant; or
(2) restrict, suspend, or revoke a pharmacist-intern
registration for a violation of this subtitle.
(b) The board may take disciplinary action against an
applicant for a pharmacist-intern registration or the holder of a
current or expired pharmacist-intern registration in the same
manner as against an applicant for a license or a license holder by
imposing a sanction authorized under Section 565.051 if the board
finds that the applicant or registration holder has engaged in
conduct described by Section 565.001.
SECTION 9. Section 559.003, Occupations Code, is amended by
adding Subsection (e) to read as follows:
(e) A person may not renew a license to practice pharmacy if
the person holds a license to practice pharmacy in another state
that has been suspended, revoked, canceled, or subject to an action
that prohibits the person from practicing pharmacy in that state.
SECTION 10. Section 560.052(b), Occupations Code, is
amended to read as follows:
(b) To qualify for a pharmacy license, an applicant must
submit to the board:
(1) a license fee set by the board, except as provided
by Subsection (d); and
(2) a completed application that:
(A) is on a form prescribed by the board;
(B) is given under oath; [and]
(C) includes proof that a license held in this
state or another state, if applicable, has not been restricted,
suspended, revoked, or surrendered for any reason; and
(D) includes a statement of:
(i) the ownership;
(ii) the location of the pharmacy;
(iii) the license number of each pharmacist
who is employed by the pharmacy, if the pharmacy is located in this
state, or who is licensed to practice pharmacy in this state, if the
pharmacy is a Class E pharmacy;
(iv) the license number of the
pharmacist-in-charge; and
(v) any other information the board
determines necessary.
SECTION 11. Section 561.003, Occupations Code, is amended
by adding Subsection (f) to read as follows:
(f) A pharmacy may not renew a license under this section if
the pharmacy's license to operate in another state has been
suspended, revoked, canceled, or subject to an action that
prohibits the pharmacy from operating in that state.
SECTION 12. Section 562.012, Occupations Code, is amended
to read as follows:
Sec. 562.012. SUBSTITUTION OF DOSAGE FORM PERMITTED. With
the patient's consent [and notification to the practitioner], a
pharmacist may dispense a dosage form of a drug different from that
prescribed, such as a tablet instead of a capsule or a liquid
instead of a tablet, if the dosage form dispensed:
(1) contains the identical amount of the active
ingredients as the dosage prescribed for the patient;
(2) is not an enteric-coated or timed release product;
and
(3) does not alter desired clinical outcomes.
SECTION 13. Section 562.056, Occupations Code, is amended
to read as follows:
Sec. 562.056. PRACTITIONER-PATIENT RELATIONSHIP REQUIRED.
(a) Before dispensing a prescription, a pharmacist shall
determine, in the exercise of sound professional judgment, that the
prescription is a valid prescription. A pharmacist may not
dispense a prescription drug if the pharmacist knows or should know
that the prescription was issued [on the basis of an Internet-based
or telephonic consultation] without a valid practitioner-patient
relationship.
(b) A pharmacist may not dispense a prescription for a
controlled substance unless the prescription is issued by a
practitioner acting in the usual course of professional practice
and is for a legitimate medical purpose, as determined in the
reasonable professional judgment of the pharmacist.
(c) This section [Subsection (a)] does not prohibit a
pharmacist from dispensing a prescription when a valid
practitioner-patient relationship is not present in an emergency.
SECTION 14. Section 562.103, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A Class A or Class C pharmacy that serves the public
shall:
(1) display the word "pharmacy" or a similar word or
symbol as determined by the board in a prominent place on the front
of the pharmacy; and
(2) display in public view the license of the
pharmacist-in-charge of [each pharmacist employed in] the
pharmacy.
(c) A pharmacy shall maintain and make available to the
public on request proof that each pharmacist, pharmacist-intern,
pharmacy technician, and pharmacist technician trainee working in
the pharmacy holds the appropriate license or registration.
SECTION 15. Section 565.001(a), Occupations Code, is
amended to read as follows:
(a) The board may discipline an applicant for or the holder
of a current or expired license to practice pharmacy if the board
finds that the applicant or license holder has:
(1) violated this subtitle or a board rule adopted
under this subtitle;
(2) engaged in unprofessional conduct as defined by
board rule;
(3) engaged in gross immorality as defined by board
rule;
(4) developed an incapacity that prevents or could
prevent the applicant or license holder from practicing pharmacy
with reasonable skill, competence, and safety to the public;
(5) engaged in fraud, deceit, or misrepresentation, as
defined by board rule, in practicing pharmacy or in seeking a
license to practice pharmacy;
(6) been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B) a felony;
(7) used alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(8) failed to maintain records required by this
subtitle or failed to maintain complete and accurate records of
purchases or disposals of drugs listed in Chapter 481 or 483, Health
and Safety Code, or the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(9) violated any provision of:
(A) Chapter 481 or 483, Health and Safety Code,
or the Comprehensive Drug Abuse Prevention and Control Act of 1970
(21 U.S.C. Section 801 et seq.), or rules relating to one of those
laws; or
(B) Section 485.031, 485.032, 485.033, or
485.034, Health and Safety Code;
(10) aided or abetted an unlicensed person in the
practice of pharmacy if the pharmacist knew or reasonably should
have known that the person was unlicensed at the time;
(11) refused entry into a pharmacy for an inspection
authorized by this subtitle if the pharmacist received notification
from which the pharmacist knew or reasonably should have known that
the attempted inspection was authorized;
(12) violated any pharmacy or drug statute or rule of
this state, another state, or the United States;
(13) been negligent in the practice of pharmacy;
(14) failed to submit to an examination after hearing
and being ordered to do so by the board under Section 565.052;
(15) dispensed a prescription drug while acting
outside the usual course and scope of professional practice;
(16) been disciplined by a pharmacy board or by
another health [the] regulatory board of this state or another
state for conduct substantially equivalent to conduct described
under this subsection;
(17) violated a disciplinary order, including a
confidential order or contract under the program to aid impaired
pharmacists and pharmacy students under Chapter 564;
(18) failed to adequately supervise a task delegated
to a pharmacy technician or pharmacy technician trainee;
(19) inappropriately delegated a task delegated to a
pharmacy technician or pharmacy technician trainee; [or]
(20) been responsible for a drug audit shortage; or
(21) been convicted or adjudicated of a criminal
offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure.
SECTION 16. Section 565.055(c), Occupations Code, is
amended to read as follows:
(c) Notwithstanding Subsection (b), information or material
compiled by the board in connection with an investigation may be
disclosed:
(1) during any proceeding conducted by the State
Office of Administrative Hearings, to the board, or a panel of the
board, or in a subsequent trial or appeal of a board action or
order;
(2) to a person providing a service to the board,
including an expert witness, investigator, or employee of an entity
that contracts with the board, related to a disciplinary proceeding
against an applicant or license holder, or a subsequent trial or
appeal, if the information is necessary for preparation for, or a
presentation in, the proceeding;
(3) to an entity in another jurisdiction that:
(A) licenses or disciplines pharmacists or
pharmacies; or
(B) registers or disciplines pharmacy
technicians or pharmacy technician trainees;
(4) to a pharmaceutical or pharmacy peer review
committee as described under Chapter 564;
(5) to a law enforcement agency;
(6) to a person engaged in bona fide research, if all
information identifying a specific individual has been deleted;
[or]
(7) under a court order; or
(8) to an entity that administers a board-approved
pharmacy technician certification examination.
SECTION 17. Section 565.101(a), Occupations Code, is
amended to read as follows:
(a) A person whose pharmacy license, license to practice
pharmacy, [or] pharmacy technician registration, or pharmacy
technician trainee registration in this state has been revoked or
restricted under this subtitle, whether voluntarily or by board
action, may, after the first anniversary of the effective date of
the revocation or restriction, petition the board for reinstatement
or removal of the restriction of the license or registration.
SECTION 18. The heading to Chapter 568, Occupations Code,
is amended to read as follows:
CHAPTER 568. PHARMACY TECHNICIANS AND PHARMACY
TECHNICIAN TRAINEES
SECTION 19. Section 568.001, Occupations Code, is amended
to read as follows:
Sec. 568.001. RULES; QUALIFICATIONS [RELATING TO PHARMACY
TECHNICIANS]. (a) In establishing rules under Section 554.053(c),
the board shall require that:
(1) a pharmacy technician:
(A) [(1)] have a high school diploma or a high
school equivalency certificate or be working to achieve an
equivalent diploma or certificate; and
(B) [(2)] have passed a board-approved pharmacy
technician certification examination; and
(2) a pharmacy technician trainee have a high school
diploma or a high school equivalency certificate or be working to
achieve an equivalent diploma or certificate.
(b) The board shall adopt rules that permit a pharmacy
technician and pharmacy technician trainee to perform only
nonjudgmental technical duties under the direct supervision of a
pharmacist.
SECTION 20. Section 568.002, Occupations Code, is amended
to read as follows:
Sec. 568.002. [PHARMACY TECHNICIAN] REGISTRATION REQUIRED.
(a) A person must register with the board before beginning work in
a pharmacy in this state as a pharmacy technician or a pharmacy
technician trainee [pharmacy technician must register with the
board annually or biennially, as determined by board rule, on a form
prescribed by the board].
(b) The board may allow a pharmacy technician to petition
the board for a special exemption from the pharmacy technician
certification requirement if the pharmacy technician[:
[(1)] is in a county with a population of less than
50,000[; or
[(2) on September 1, 2001, has been employed as a
pharmacy technician in this state for at least 10 years and the
technician's employer approves the petition].
(c) An applicant for registration as a pharmacy technician
or a pharmacy technician trainee must:
(1) be of good moral character; and
(2) submit an application on a form prescribed by the
board.
(d) A person's registration as a pharmacy technician or
pharmacy technician trainee remains in effect as long as the person
meets the qualifications established by board rule.
SECTION 21. Section 568.003(a), Occupations Code, is
amended to read as follows:
(a) The board may take disciplinary action under Section
568.0035 against an applicant for or the holder of a current or
expired pharmacy technician or pharmacy technician trainee
registration if the board determines that the applicant or
registrant has:
(1) violated this subtitle or a rule adopted under
this subtitle;
(2) engaged in gross immorality, as that term is
defined by the rules of the board;
(3) engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in seeking a registration to act as a pharmacy technician or
pharmacy technician trainee;
(4) been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B) a felony;
(5) developed an incapacity that prevents the
applicant or registrant from practicing as a pharmacy technician or
pharmacy technician trainee with reasonable skill, competence, and
safety to the public;
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code,
or rules relating to those chapters;
(B) Sections 485.031-485.035, Health and Safety
Code; or
(C) a rule adopted under Section 485.011, Health
and Safety Code;
(7) violated the pharmacy or drug laws or rules of this
state, another state, or the United States;
(8) performed duties in a pharmacy that only a
pharmacist may perform, as defined by the rules of the board;
(9) used alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(10) engaged in negligent, unreasonable, or
inappropriate conduct when working in a pharmacy;
(11) violated a disciplinary order;
(12) been convicted or adjudicated of a criminal
offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure; or
(13) been disciplined by a pharmacy or other health
regulatory board of this state or another state for conduct
substantially equivalent to conduct described by this subsection.
SECTION 22. Section 568.0035(a), Occupations Code, is
amended to read as follows:
(a) On a determination that a ground for discipline exists
under Section 568.003, the board may:
(1) suspend the person's registration;
(2) revoke the person's registration;
(3) restrict the person's registration to prohibit the
person from performing certain acts or from practicing as a
pharmacy technician or pharmacy technician trainee in a particular
manner for a term and under conditions determined by the board;
(4) impose an administrative penalty under Chapter
566;
(5) refuse to issue or renew the person's
registration;
(6) place the offender's registration on probation and
supervision by the board for a period determined by the board and
impose a requirement that the registrant:
(A) report regularly to the board on matters that
are the basis of the probation;
(B) limit practice to the areas prescribed by the
board;
(C) continue or review professional education
until the registrant attains a degree of skill satisfactory to the
board in each area that is the basis of the probation; or
(D) pay the board a probation fee to defray the
costs of monitoring the registrant during the period of probation;
(7) reprimand the person;
(8) retire the person's registration as provided by
board rule; or
(9) impose more than one of the sanctions listed in
this section.
SECTION 23. Section 568.0037(a), Occupations Code, is
amended to read as follows:
(a) The president of the board shall appoint a disciplinary
panel consisting of three board members to determine whether a
registration under this chapter should be temporarily suspended or
restricted. If a majority of the panel determines from evidence or
information presented to the panel that the registrant by
continuation in practice as a pharmacy technician or pharmacy
technician trainee would constitute a continuing threat to the
public welfare, the panel shall temporarily suspend or restrict the
registration as provided by Subsection (b).
SECTION 24. Section 568.004, Occupations Code, is amended
to read as follows:
Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt
a system in which the registrations of pharmacy technicians and
pharmacy technician trainees expire on various dates during the
year.
SECTION 25. Section 568.005, Occupations Code, is amended
to read as follows:
Sec. 568.005. FEES. The board may adopt fees as necessary
for the registration of pharmacy technicians and pharmacy
technician trainees.
SECTION 26. Section 568.006, Occupations Code, is amended
to read as follows:
Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS
AND PHARMACY TECHNICIAN TRAINEES. The ratio of pharmacists to
pharmacy technicians and pharmacy technician trainees in a Class A
pharmacy must be at least one pharmacist for every five pharmacy
technicians or pharmacy technician trainees if the Class A pharmacy
dispenses not more than 20 different prescription drugs and does
not produce intravenous or intramuscular drugs on-site.
SECTION 27. The heading to Section 568.008, Occupations
Code, is amended to read as follows:
Sec. 568.008. PHARMACY TECHNICIANS IN HOSPITALS WITH
CLINICAL PHARMACY PROGRAM.
SECTION 28. Chapter 568, Occupations Code, is amended by
adding Section 568.009 to read as follows:
Sec. 568.009. CHANGE OF ADDRESS OR EMPLOYMENT. Not later
than the 10th day after the date of a change of address or
employment, a pharmacy technician or a pharmacy technician trainee
shall notify the board in writing of the change.
SECTION 29. Sections 569.001(a) and (c), Occupations Code,
are amended to read as follows:
(a) Every insurer or other entity providing pharmacist's
professional liability insurance, pharmacy technician professional
and supplemental liability insurance, or druggist's professional
liability insurance covering a pharmacist, pharmacy technician,
pharmacy technician trainee, or pharmacy license holder in this
state shall submit to the board the information described in
Section 569.002 at the time prescribed.
(c) If a pharmacist, pharmacy technician, pharmacy
technician trainee, or pharmacy licensed in this state does not
carry or is not covered by pharmacist's professional liability
insurance, pharmacy technician professional and supplemental
liability insurance, or druggist's professional liability
insurance and is insured by a nonadmitted carrier or other entity
providing pharmacy professional liability insurance that does not
report under this subtitle, the duty to report information under
Section 569.002 is the responsibility of the pharmacist, pharmacy
technician, pharmacy technician trainee, or pharmacy license
holder.
SECTION 30. Section 569.002(a), Occupations Code, is
amended to read as follows:
(a) The following information must be furnished to the board
not later than the 30th day after receipt by the insurer of the
notice of claim letter or complaint from the insured:
(1) the name of the insured and the insured's state
pharmacy technician registration number, pharmacy technician
trainee registration number, or pharmacist or pharmacy license
number;
(2) the policy number; and
(3) a copy of the notice of claim letter or complaint.
SECTION 31. Section 569.005(b), Occupations Code, is
amended to read as follows:
(b) The board shall review the information relating to a
pharmacist, pharmacy technician, pharmacy technician trainee, or
pharmacy license holder against whom at least three professional
liability claims have been reported within a five-year period in
the same manner as if a complaint against the pharmacist, pharmacy
technician, pharmacy technician trainee, or pharmacy license
holder had been made under Chapter 555.
SECTION 32. Section 411.081(i), Government Code, is amended
to read as follows:
(i) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
under Subsection (d) to the following noncriminal justice agencies
or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared service arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department [Youth
Commission];
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local mental retardation authority, or a
community center providing services to persons with mental illness
or retardation;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district;
(18) [the Texas Juvenile Probation Commission;
[(19)] the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) [(20)] the Texas State Board of Public
Accountancy;
(20) [(21)] the Texas Department of Licensing and
Regulation;
(21) [(22)] the Health and Human Services Commission;
(22) [(23)] the Department of Aging and Disability
Services;
(23) [(24)] the Texas Education Agency;
(24) [(25)] the Guardianship Certification Board;
(25) [(26)] a county clerk's office in relation to a
proceeding for the appointment of a guardian under Chapter XIII,
Texas Probate Code;
(26) [(27)] the Department of Information Resources
but only regarding an employee, applicant for employment,
contractor, subcontractor, intern, or volunteer who provides
network security services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) [(28)] the Court Reporters Certification Board;
(28) [(29)] the Texas Department of Insurance; [and]
(29) [(30)] the Teacher Retirement System of Texas;
and
(30) the Texas State Board of Pharmacy.
SECTION 33. The following provisions of the Occupations
Code are repealed:
(1) Chapter 567; and
(2) Section 568.007.
SECTION 34. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.