Texas 2013 - 83rd Regular

Texas Senate Bill SB404 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Schwertner S.B. No. 404
2	2	(S. Davis of Harris)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to complaints filed with the Texas State Board of
8	8	Pharmacy; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 555.005, Occupations Code, is amended to
11	11	read as follows:
12	12	Sec. 555.005. RECORDS OF COMPLAINTS. For each complaint
13	13	received by the board, the board shall maintain information about
14	14	parties to the complaint, including the complainant's identity, the
15	15	subject matter of the complaint, a summary of the results of the
16	16	review or investigation of the complaint, and the [its] disposition
17	17	of the complaint.
18	18	SECTION 2. Section 555.007, Occupations Code, is amended by
19	19	adding Subsection (d) to read as follows:
20	20	(d) The board may not consider or act on a complaint
21	21	involving a violation alleged to have occurred more than seven
22	22	years before the date the complaint is received by the board.
23	23	SECTION 3. Section 565.056, Occupations Code, is amended by
24	24	amending Subsection (b) and adding Subsections (d) and (e) to read
25	25	as follows:
26	26	(b) A rule adopted under this section must:
27	27	(1) provide the complainant, if applicable and
28	28	permitted by law, and the license holder an opportunity to be heard;
29	29	[and]
30	30	(2) require the presence of an attorney to advise the
31	31	board or a board employee; and
32	32	(3) if an informal meeting will be held, require
33	33	notice of the time and place of the informal meeting to be given to
34	34	the license holder not later than the 45th day before the date the
35	35	informal meeting is held.
36	36	(d) The notice required by Subsection (b)(3) must be
37	37	accompanied by a written statement of the nature of the allegations
38	38	against the license holder and the information the board intends to
39	39	use at the informal meeting. If the board does not provide the
40	40	statement or information when the notice is provided, the license
41	41	holder may use that failure as grounds for rescheduling the
42	42	informal meeting. The license holder must provide to the board the
43	43	license holder's rebuttal not later than the 15th day before the
44	44	date of the meeting in order for that information to be considered
45	45	at the meeting.
46	46	(e) On request by a license holder under review, the board
47	47	shall make a recording of the informal meeting. The recording is a
48	48	part of the investigative file and may not be released to a third
49	49	party unless authorized under this subtitle. The board may charge
50	50	the license holder a fee to cover the cost of recording the meeting.
51	51	The board shall provide a copy of the recording to the license
52	52	holder on the license holder's request.
53	53	SECTION 4. Subchapter B, Chapter 565, Occupations Code, is
54	54	amended by adding Section 565.060 to read as follows:
55	55	Sec. 565.060. REMEDIAL PLAN. (a) The board may issue and
56	56	establish the terms of a remedial plan to resolve the investigation
57	57	of a complaint relating to this subtitle.
58	58	(b) A remedial plan may not be imposed to resolve a
59	59	complaint:
60	60	(1) concerning:
61	61	(A) a death;
62	62	(B) a hospitalization;
63	63	(C) the commission of a felony; or
64	64	(D) any other matter designated by board rule; or
65	65	(2) in which the appropriate resolution may involve a
66	66	restriction on the manner in which a license holder practices
67	67	pharmacy.
68	68	(c) The board may not issue a remedial plan to resolve a
69	69	complaint against a license holder if the license holder has
70	70	entered into a remedial plan with the board in the preceding 24
71	71	months for the resolution of a different complaint relating to this
72	72	subtitle.
73	73	(d) If a license holder complies with and successfully
74	74	completes the terms of a remedial plan, the board shall remove all
75	75	records of the remedial plan from the board's records on the fifth
76	76	anniversary of the date the board issued the terms of the remedial
77	77	plan.
78	78	(e) The board may assess a fee against a license holder
79	79	participating in a remedial plan in an amount necessary to recover
80	80	the costs of administering the plan.
81	81	(f) The board shall adopt rules necessary to implement this
82	82	section.
83	83	SECTION 5. (a) Sections 555.005 and 565.056, Occupations
84	84	Code, as amended by this Act, and Subsection (d), Section 555.007,
85	85	Occupations Code, as added by this Act, apply only to the
86	86	investigation of a complaint filed on or after the effective date of
87	87	this Act. The investigation of a complaint filed before that date
88	88	is governed by the law in effect on the date the complaint was
89	89	filed, and that law is continued in effect for that purpose.
90	90	(b) The Texas State Board of Pharmacy shall adopt rules
91	91	under Section 565.060, Occupations Code, as added by this Act, not
92	92	later than January 1, 2014.
93	93	(c) Section 565.060, Occupations Code, as added by this Act,
94	94	applies only to a complaint under Subtitle J, Title 3, Occupations
95	95	Code, filed on or after the effective date of this Act. A complaint
96	96	under Subtitle J, Title 3, Occupations Code, filed before that date
97	97	is governed by the law in effect on the date the complaint was
98	98	filed, and that law is continued in effect for that purpose.
99	99	SECTION 6. This Act takes effect September 1, 2013.