Texas 2013 - 83rd Regular

Texas Senate Bill SB869 Compare Versions

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1	1	83R23602 SLB-D
2	2	By: Van de Putte S.B. No. 869
3	3	(Zedler)
4	4	Substitute the following for S.B. No. 869: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the regulation of the practice of pharmacy; authorizing
10	10	fees.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 353.204(e), Occupations Code, is amended
13	13	to read as follows:
14	14	(e) The Texas State Board of Pharmacy is responsible for
15	15	enforcing this chapter with regard to a violation of this chapter by
16	16	a pharmacist. A violation of this chapter by a pharmacist is
17	17	considered to be a violation of Subtitle J[, other than Chapter
18	18	567].
19	19	SECTION 2. Section 551.001, Occupations Code, is amended to
20	20	read as follows:
21	21	Sec. 551.001. SHORT TITLE. This [The chapters of this]
22	22	subtitle[, other than Chapter 567,] may be cited as the Texas
23	23	Pharmacy Act.
24	24	SECTION 3. Section 551.003, Occupations Code, is amended by
25	25	amending Subdivision (32) and adding Subdivision (32-a) to read as
26	26	follows:
27	27	(32) "Pharmacy technician" means an individual
28	28	employed by a pharmacy whose responsibility is to provide technical
29	29	services that do not require professional judgment regarding
30	30	preparing and distributing drugs and who works under the direct
31	31	supervision of and is responsible to a pharmacist. The term does
32	32	not include a pharmacy technician trainee.
33	33	(32-a) "Pharmacy technician trainee" means an
34	34	individual who is registered with the board as a pharmacy
35	35	technician trainee and is authorized to participate in a pharmacy
36	36	technician training program.
37	37	SECTION 4. Section 554.002, Occupations Code, is amended to
38	38	read as follows:
39	39	Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The
40	40	board shall regulate the practice of pharmacy in this state by:
41	41	(1) issuing a license after examination or by
42	42	reciprocity to an applicant qualified to practice pharmacy and
43	43	issuing a license to a pharmacy under this subtitle;
44	44	(2) renewing a license to practice pharmacy and a
45	45	license to operate a pharmacy;
46	46	(3) determining and issuing standards for recognizing
47	47	and approving degree requirements of colleges of pharmacy whose
48	48	graduates are eligible for a license in this state;
49	49	(4) specifying and enforcing requirements for
50	50	practical training, including an internship;
51	51	(5) enforcing the provisions of this subtitle relating
52	52	to:
53	53	(A) the conduct or competence of a pharmacist
54	54	practicing in this state and the conduct of a pharmacy operating in
55	55	this state; and
56	56	(B) the suspension, revocation, retirement, or
57	57	restriction of a license to practice pharmacy or to operate a
58	58	pharmacy or the imposition of an administrative penalty or
59	59	reprimand on a license holder;
60	60	(6) regulating the training, qualifications, and
61	61	employment of a pharmacist-intern, [and] pharmacy technician, and
62	62	pharmacy technician trainee; and
63	63	(7) determining and issuing standards for recognizing
64	64	and approving a pharmacy residency program for purposes of
65	65	Subchapter W, Chapter 61, Education Code.
66	66	SECTION 5. Section 554.007(b), Occupations Code, is amended
67	67	to read as follows:
68	68	(b) The board may receive and spend money, or use gifts,
69	69	grants, and other funds and assets [from a party, other than the
70	70	state], in addition to money collected under Subsection (a), in
71	71	accordance with state law.
72	72	SECTION 6. The heading to Section 554.053, Occupations
73	73	Code, is amended to read as follows:
74	74	Sec. 554.053. RULEMAKING: PHARMACY TECHNICIAN AND PHARMACY
75	75	TECHNICIAN TRAINEE.
76	76	SECTION 7. Sections 554.053(a) and (b), Occupations Code,
77	77	are amended to read as follows:
78	78	(a) The board shall establish rules for the use and the
79	79	duties of a pharmacy technician and pharmacy technician trainee in
80	80	a pharmacy licensed by the board. A pharmacy technician and
81	81	pharmacy technician trainee shall be responsible to and must be
82	82	directly supervised by a pharmacist.
83	83	(b) The board may not adopt a rule establishing a ratio of
84	84	pharmacists to pharmacy technicians and pharmacy technician
85	85	trainees in a Class C pharmacy or limiting the number of pharmacy
86	86	technicians or pharmacy technician trainees that may be used in a
87	87	Class C pharmacy.
88	88	SECTION 8. Section 557.004, Occupations Code, is amended to
89	89	read as follows:
90	90	Sec. 557.004. LIMITATIONS ON REGISTRATION. (a) The board
91	91	may:
92	92	(1) refuse to issue a registration to an applicant; or
93	93	(2) restrict, suspend, or revoke a pharmacist-intern
94	94	registration for a violation of this subtitle.
95	95	(b) The board may take disciplinary action against an
96	96	applicant for a pharmacist-intern registration or the holder of a
97	97	current or expired pharmacist-intern registration in the same
98	98	manner as against an applicant for a license or a license holder by
99	99	imposing a sanction authorized under Section 565.051 if the board
100	100	finds that the applicant or registration holder has engaged in
101	101	conduct described by Section 565.001.
102	102	SECTION 9. Section 559.003, Occupations Code, is amended by
103	103	adding Subsection (e) to read as follows:
104	104	(e) A person may not renew a license to practice pharmacy if
105	105	the person holds a license to practice pharmacy in another state
106	106	that has been suspended, revoked, canceled, or subject to an action
107	107	that prohibits the person from practicing pharmacy in that state.
108	108	SECTION 10. Section 560.052(b), Occupations Code, is
109	109	amended to read as follows:
110	110	(b) To qualify for a pharmacy license, an applicant must
111	111	submit to the board:
112	112	(1) a license fee set by the board, except as provided
113	113	by Subsection (d); and
114	114	(2) a completed application that:
115	115	(A) is on a form prescribed by the board;
116	116	(B) is given under oath; [and]
117	117	(C) includes proof that a license held in this
118	118	state or another state, if applicable, has not been restricted,
119	119	suspended, revoked, or surrendered for any reason; and
120	120	(D) includes a statement of:
121	121	(i) the ownership;
122	122	(ii) the location of the pharmacy;
123	123	(iii) the license number of each pharmacist
124	124	who is employed by the pharmacy, if the pharmacy is located in this
125	125	state, or who is licensed to practice pharmacy in this state, if the
126	126	pharmacy is a Class E pharmacy;
127	127	(iv) the license number of the
128	128	pharmacist-in-charge; and
129	129	(v) any other information the board
130	130	determines necessary.
131	131	SECTION 11. Section 561.003, Occupations Code, is amended
132	132	by adding Subsection (f) to read as follows:
133	133	(f) A pharmacy may not renew a license under this section if
134	134	the pharmacy's license to operate in another state has been
135	135	suspended, revoked, canceled, or subject to an action that
136	136	prohibits the pharmacy from operating in that state.
137	137	SECTION 12. Section 562.012, Occupations Code, is amended
138	138	to read as follows:
139	139	Sec. 562.012. SUBSTITUTION OF DOSAGE FORM PERMITTED. With
140	140	the patient's consent [and notification to the practitioner], a
141	141	pharmacist may dispense a dosage form of a drug different from that
142	142	prescribed, such as a tablet instead of a capsule or a liquid
143	143	instead of a tablet, if the dosage form dispensed:
144	144	(1) contains the identical amount of the active
145	145	ingredients as the dosage prescribed for the patient;
146	146	(2) is not an enteric-coated or timed release product;
147	147	and
148	148	(3) does not alter desired clinical outcomes.
149	149	SECTION 13. Section 562.056, Occupations Code, is amended
150	150	by adding Subsection (a-1) and amending Subsection (b) to read as
151	151	follows:
152	152	(a-1) To be a valid prescription, a prescription for a
153	153	controlled substance must be issued for a legitimate medical
154	154	purpose by a practitioner acting in the usual course of the
155	155	practitioner's professional practice. The responsibility for the
156	156	proper prescribing and dispensing of controlled substances is on
157	157	the prescribing practitioner, but a corresponding responsibility
158	158	rests with the pharmacist who fills the prescription.
159	159	(b) This section [Subsection (a)] does not prohibit a
160	160	pharmacist from dispensing a prescription when a valid
161	161	practitioner-patient relationship is not present in an emergency.
162	162	SECTION 14. Section 562.103, Occupations Code, is amended
163	163	by amending Subsection (b) and adding Subsection (c) to read as
164	164	follows:
165	165	(b) A Class A or Class C pharmacy that serves the public
166	166	shall:
167	167	(1) display the word "pharmacy" or a similar word or
168	168	symbol as determined by the board in a prominent place on the front
169	169	of the pharmacy; and
170	170	(2) display in public view the license of the
171	171	pharmacist-in-charge of [each pharmacist employed in] the
172	172	pharmacy.
173	173	(c) A pharmacy shall maintain and make available to the
174	174	public on request proof that each pharmacist, pharmacist-intern,
175	175	pharmacy technician, and pharmacist technician trainee working in
176	176	the pharmacy holds the appropriate license or registration.
177	177	SECTION 15. Section 565.001(a), Occupations Code, is
178	178	amended to read as follows:
179	179	(a) The board may discipline an applicant for or the holder
180	180	of a current or expired license to practice pharmacy if the board
181	181	finds that the applicant or license holder has:
182	182	(1) violated this subtitle or a board rule adopted
183	183	under this subtitle;
184	184	(2) engaged in unprofessional conduct as defined by
185	185	board rule;
186	186	(3) engaged in gross immorality as defined by board
187	187	rule;
188	188	(4) developed an incapacity that prevents or could
189	189	prevent the applicant or license holder from practicing pharmacy
190	190	with reasonable skill, competence, and safety to the public;
191	191	(5) engaged in fraud, deceit, or misrepresentation, as
192	192	defined by board rule, in practicing pharmacy or in seeking a
193	193	license to practice pharmacy;
194	194	(6) been convicted of or placed on deferred
195	195	adjudication community supervision or deferred disposition or the
196	196	applicable federal equivalent for:
197	197	(A) a misdemeanor:
198	198	(i) involving moral turpitude; or
199	199	(ii) under Chapter 481 or 483, Health and
200	200	Safety Code, or the Comprehensive Drug Abuse Prevention and Control
201	201	Act of 1970 (21 U.S.C. Section 801 et seq.); or
202	202	(B) a felony;
203	203	(7) used alcohol or drugs in an intemperate manner
204	204	that, in the board's opinion, could endanger a patient's life;
205	205	(8) failed to maintain records required by this
206	206	subtitle or failed to maintain complete and accurate records of
207	207	purchases or disposals of drugs listed in Chapter 481 or 483, Health
208	208	and Safety Code, or the Comprehensive Drug Abuse Prevention and
209	209	Control Act of 1970 (21 U.S.C. Section 801 et seq.);
210	210	(9) violated any provision of:
211	211	(A) Chapter 481 or 483, Health and Safety Code,
212	212	or the Comprehensive Drug Abuse Prevention and Control Act of 1970
213	213	(21 U.S.C. Section 801 et seq.), or rules relating to one of those
214	214	laws; or
215	215	(B) Section 485.031, 485.032, 485.033, or
216	216	485.034, Health and Safety Code;
217	217	(10) aided or abetted an unlicensed person in the
218	218	practice of pharmacy if the pharmacist knew or reasonably should
219	219	have known that the person was unlicensed at the time;
220	220	(11) refused entry into a pharmacy for an inspection
221	221	authorized by this subtitle if the pharmacist received notification
222	222	from which the pharmacist knew or reasonably should have known that
223	223	the attempted inspection was authorized;
224	224	(12) violated any pharmacy or drug statute or rule of
225	225	this state, another state, or the United States;
226	226	(13) been negligent in the practice of pharmacy;
227	227	(14) failed to submit to an examination after hearing
228	228	and being ordered to do so by the board under Section 565.052;
229	229	(15) dispensed a prescription drug while acting
230	230	outside the usual course and scope of professional practice;
231	231	(16) been disciplined by a pharmacy board or by
232	232	another health [the] regulatory board of this state or another
233	233	state for conduct substantially equivalent to conduct described
234	234	under this subsection;
235	235	(17) violated a disciplinary order, including a
236	236	confidential order or contract under the program to aid impaired
237	237	pharmacists and pharmacy students under Chapter 564;
238	238	(18) failed to adequately supervise a task delegated
239	239	to a pharmacy technician or pharmacy technician trainee;
240	240	(19) inappropriately delegated a task delegated to a
241	241	pharmacy technician or pharmacy technician trainee; [or]
242	242	(20) been responsible for a drug audit shortage; or
243	243	(21) been convicted or adjudicated of a criminal
244	244	offense that requires registration as a sex offender under Chapter
245	245	62, Code of Criminal Procedure.
246	246	SECTION 16. Section 565.055(c), Occupations Code, is
247	247	amended to read as follows:
248	248	(c) Notwithstanding Subsection (b), information or material
249	249	compiled by the board in connection with an investigation may be
250	250	disclosed:
251	251	(1) during any proceeding conducted by the State
252	252	Office of Administrative Hearings, to the board, or a panel of the
253	253	board, or in a subsequent trial or appeal of a board action or
254	254	order;
255	255	(2) to a person providing a service to the board,
256	256	including an expert witness, investigator, or employee of an entity
257	257	that contracts with the board, related to a disciplinary proceeding
258	258	against an applicant or license holder, or a subsequent trial or
259	259	appeal, if the information is necessary for preparation for, or a
260	260	presentation in, the proceeding;
261	261	(3) to an entity in another jurisdiction that:
262	262	(A) licenses or disciplines pharmacists or
263	263	pharmacies; or
264	264	(B) registers or disciplines pharmacy
265	265	technicians or pharmacy technician trainees;
266	266	(4) to a pharmaceutical or pharmacy peer review
267	267	committee as described under Chapter 564;
268	268	(5) to a law enforcement agency;
269	269	(6) to a person engaged in bona fide research, if all
270	270	information identifying a specific individual has been deleted; or
271	271	(7) to an entity that administers a board-approved
272	272	pharmacy technician certification examination [under a court
273	273	order].
274	274	SECTION 17. Section 565.101(a), Occupations Code, is
275	275	amended to read as follows:
276	276	(a) A person whose pharmacy license, license to practice
277	277	pharmacy, [or] pharmacy technician registration, or pharmacy
278	278	technician trainee registration in this state has been revoked or
279	279	restricted under this subtitle, whether voluntarily or by board
280	280	action, may, after the first anniversary of the effective date of
281	281	the revocation or restriction, petition the board for reinstatement
282	282	or removal of the restriction of the license or registration.
283	283	SECTION 18. The heading to Chapter 568, Occupations Code,
284	284	is amended to read as follows:
285	285	CHAPTER 568. PHARMACY TECHNICIANS AND PHARMACY
286	286	TECHNICIAN TRAINEES
287	287	SECTION 19. Section 568.001, Occupations Code, is amended
288	288	to read as follows:
289	289	Sec. 568.001. RULES; QUALIFICATIONS [RELATING TO PHARMACY
290	290	TECHNICIANS]. (a) In establishing rules under Section 554.053(c),
291	291	the board shall require that:
292	292	(1) a pharmacy technician:
293	293	(A) [(1)] have a high school diploma or a high
294	294	school equivalency certificate or be working to achieve an
295	295	equivalent diploma or certificate; and
296	296	(B) [(2)] have passed a board-approved pharmacy
297	297	technician certification examination; and
298	298	(2) a pharmacy technician trainee have a high school
299	299	diploma or a high school equivalency certificate or be working to
300	300	achieve an equivalent diploma or certificate.
301	301	(b) The board shall adopt rules that permit a pharmacy
302	302	technician and pharmacy technician trainee to perform only
303	303	nonjudgmental technical duties under the direct supervision of a
304	304	pharmacist.
305	305	SECTION 20. Section 568.002, Occupations Code, is amended
306	306	to read as follows:
307	307	Sec. 568.002. [PHARMACY TECHNICIAN] REGISTRATION REQUIRED.
308	308	(a) A person must register with the board before beginning work in
309	309	a pharmacy in this state as a pharmacy technician or a pharmacy
310	310	technician trainee [pharmacy technician must register with the
311	311	board annually or biennially, as determined by board rule, on a form
312	312	prescribed by the board].
313	313	(b) The board may allow a pharmacy technician to petition
314	314	the board for a special exemption from the pharmacy technician
315	315	certification requirement if the pharmacy technician[:
316	316	[(1)] is in a county with a population of less than
317	317	50,000[; or
318	318	[(2) on September 1, 2001, has been employed as a
319	319	pharmacy technician in this state for at least 10 years and the
320	320	technician's employer approves the petition].
321	321	(c) An applicant for registration as a pharmacy technician
322	322	or a pharmacy technician trainee must:
323	323	(1) be of good moral character; and
324	324	(2) submit an application on a form prescribed by the
325	325	board.
326	326	(d) A person's registration as a pharmacy technician or
327	327	pharmacy technician trainee remains in effect as long as the person
328	328	meets the qualifications established by board rule.
329	329	SECTION 21. Section 568.003(a), Occupations Code, is
330	330	amended to read as follows:
331	331	(a) The board may take disciplinary action under Section
332	332	568.0035 against an applicant for or the holder of a current or
333	333	expired pharmacy technician or pharmacy technician trainee
334	334	registration if the board determines that the applicant or
335	335	registrant has:
336	336	(1) violated this subtitle or a rule adopted under
337	337	this subtitle;
338	338	(2) engaged in gross immorality, as that term is
339	339	defined by the rules of the board;
340	340	(3) engaged in any fraud, deceit, or
341	341	misrepresentation, as those terms are defined by the rules of the
342	342	board, in seeking a registration to act as a pharmacy technician or
343	343	pharmacy technician trainee;
344	344	(4) been convicted of or placed on deferred
345	345	adjudication community supervision or deferred disposition or the
346	346	applicable federal equivalent for:
347	347	(A) a misdemeanor:
348	348	(i) involving moral turpitude; or
349	349	(ii) under Chapter 481 or 483, Health and
350	350	Safety Code, or the Comprehensive Drug Abuse Prevention and Control
351	351	Act of 1970 (21 U.S.C. Section 801 et seq.); or
352	352	(B) a felony;
353	353	(5) developed an incapacity that prevents the
354	354	applicant or registrant from practicing as a pharmacy technician or
355	355	pharmacy technician trainee with reasonable skill, competence, and
356	356	safety to the public;
357	357	(6) violated:
358	358	(A) Chapter 481 or 483, Health and Safety Code,
359	359	or rules relating to those chapters;
360	360	(B) Sections 485.031-485.035, Health and Safety
361	361	Code; or
362	362	(C) a rule adopted under Section 485.011, Health
363	363	and Safety Code;
364	364	(7) violated the pharmacy or drug laws or rules of this
365	365	state, another state, or the United States;
366	366	(8) performed duties in a pharmacy that only a
367	367	pharmacist may perform, as defined by the rules of the board;
368	368	(9) used alcohol or drugs in an intemperate manner
369	369	that, in the board's opinion, could endanger a patient's life;
370	370	(10) engaged in negligent, unreasonable, or
371	371	inappropriate conduct when working in a pharmacy;
372	372	(11) violated a disciplinary order;
373	373	(12) been convicted or adjudicated of a criminal
374	374	offense that requires registration as a sex offender under Chapter
375	375	62, Code of Criminal Procedure; or
376	376	(13) been disciplined by a pharmacy or other health
377	377	regulatory board of this state or another state for conduct
378	378	substantially equivalent to conduct described by this subsection.
379	379	SECTION 22. Section 568.0035(a), Occupations Code, is
380	380	amended to read as follows:
381	381	(a) On a determination that a ground for discipline exists
382	382	under Section 568.003, the board may:
383	383	(1) suspend the person's registration;
384	384	(2) revoke the person's registration;
385	385	(3) restrict the person's registration to prohibit the
386	386	person from performing certain acts or from practicing as a
387	387	pharmacy technician or pharmacy technician trainee in a particular
388	388	manner for a term and under conditions determined by the board;
389	389	(4) impose an administrative penalty under Chapter
390	390	566;
391	391	(5) refuse to issue or renew the person's
392	392	registration;
393	393	(6) place the offender's registration on probation and
394	394	supervision by the board for a period determined by the board and
395	395	impose a requirement that the registrant:
396	396	(A) report regularly to the board on matters that
397	397	are the basis of the probation;
398	398	(B) limit practice to the areas prescribed by the
399	399	board;
400	400	(C) continue or review professional education
401	401	until the registrant attains a degree of skill satisfactory to the
402	402	board in each area that is the basis of the probation; or
403	403	(D) pay the board a probation fee to defray the
404	404	costs of monitoring the registrant during the period of probation;
405	405	(7) reprimand the person;
406	406	(8) retire the person's registration as provided by
407	407	board rule; or
408	408	(9) impose more than one of the sanctions listed in
409	409	this section.
410	410	SECTION 23. Section 568.0037(a), Occupations Code, is
411	411	amended to read as follows:
412	412	(a) The president of the board shall appoint a disciplinary
413	413	panel consisting of three board members to determine whether a
414	414	registration under this chapter should be temporarily suspended or
415	415	restricted. If a majority of the panel determines from evidence or
416	416	information presented to the panel that the registrant by
417	417	continuation in practice as a pharmacy technician or pharmacy
418	418	technician trainee would constitute a continuing threat to the
419	419	public welfare, the panel shall temporarily suspend or restrict the
420	420	registration as provided by Subsection (b).
421	421	SECTION 24. Section 568.004, Occupations Code, is amended
422	422	to read as follows:
423	423	Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt
424	424	a system in which the registrations of pharmacy technicians and
425	425	pharmacy technician trainees expire on various dates during the
426	426	year.
427	427	SECTION 25. Section 568.005, Occupations Code, is amended
428	428	to read as follows:
429	429	Sec. 568.005. FEES. The board may adopt fees as necessary
430	430	for the registration of pharmacy technicians and pharmacy
431	431	technician trainees.
432	432	SECTION 26. Section 568.006, Occupations Code, is amended
433	433	to read as follows:
434	434	Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS
435	435	AND PHARMACY TECHNICIAN TRAINEES. The ratio of pharmacists to
436	436	pharmacy technicians and pharmacy technician trainees in a Class A
437	437	pharmacy must be at least one pharmacist for every five pharmacy
438	438	technicians or pharmacy technician trainees if the Class A pharmacy
439	439	dispenses not more than 20 different prescription drugs and does
440	440	not produce intravenous or intramuscular drugs on-site.
441	441	SECTION 27. The heading to Section 568.008, Occupations
442	442	Code, is amended to read as follows:
443	443	Sec. 568.008. PHARMACY TECHNICIANS IN HOSPITALS WITH
444	444	CLINICAL PHARMACY PROGRAM.
445	445	SECTION 28. Chapter 568, Occupations Code, is amended by
446	446	adding Section 568.009 to read as follows:
447	447	Sec. 568.009. CHANGE OF ADDRESS OR EMPLOYMENT. Not later
448	448	than the 10th day after the date of a change of address or
449	449	employment, a pharmacy technician or a pharmacy technician trainee
450	450	shall notify the board in writing of the change.
451	451	SECTION 29. Sections 569.001(a) and (c), Occupations Code,
452	452	are amended to read as follows:
453	453	(a) Every insurer or other entity providing pharmacist's
454	454	professional liability insurance, pharmacy technician professional
455	455	and supplemental liability insurance, or druggist's professional
456	456	liability insurance covering a pharmacist, pharmacy technician,
457	457	pharmacy technician trainee, or pharmacy license holder in this
458	458	state shall submit to the board the information described in
459	459	Section 569.002 at the time prescribed.
460	460	(c) If a pharmacist, pharmacy technician, pharmacy
461	461	technician trainee, or pharmacy licensed in this state does not
462	462	carry or is not covered by pharmacist's professional liability
463	463	insurance, pharmacy technician professional and supplemental
464	464	liability insurance, or druggist's professional liability
465	465	insurance and is insured by a nonadmitted carrier or other entity
466	466	providing pharmacy professional liability insurance that does not
467	467	report under this subtitle, the duty to report information under
468	468	Section 569.002 is the responsibility of the pharmacist, pharmacy
469	469	technician, pharmacy technician trainee, or pharmacy license
470	470	holder.
471	471	SECTION 30. Section 569.002(a), Occupations Code, is
472	472	amended to read as follows:
473	473	(a) The following information must be furnished to the board
474	474	not later than the 30th day after receipt by the insurer of the
475	475	notice of claim letter or complaint from the insured:
476	476	(1) the name of the insured and the insured's state
477	477	pharmacy technician registration number, pharmacy technician
478	478	trainee registration number, or pharmacist or pharmacy license
479	479	number;
480	480	(2) the policy number; and
481	481	(3) a copy of the notice of claim letter or complaint.
482	482	SECTION 31. Section 569.005(b), Occupations Code, is
483	483	amended to read as follows:
484	484	(b) The board shall review the information relating to a
485	485	pharmacist, pharmacy technician, pharmacy technician trainee, or
486	486	pharmacy license holder against whom at least three professional
487	487	liability claims have been reported within a five-year period in
488	488	the same manner as if a complaint against the pharmacist, pharmacy
489	489	technician, pharmacy technician trainee, or pharmacy license
490	490	holder had been made under Chapter 555.
491	491	SECTION 32. Section 411.081(i), Government Code, is amended
492	492	to read as follows:
493	493	(i) A criminal justice agency may disclose criminal history
494	494	record information that is the subject of an order of nondisclosure
495	495	under Subsection (d) to the following noncriminal justice agencies
496	496	or entities only:
497	497	(1) the State Board for Educator Certification;
498	498	(2) a school district, charter school, private school,
499	499	regional education service center, commercial transportation
500	500	company, or education shared service arrangement;
501	501	(3) the Texas Medical Board;
502	502	(4) the Texas School for the Blind and Visually
503	503	Impaired;
504	504	(5) the Board of Law Examiners;
505	505	(6) the State Bar of Texas;
506	506	(7) a district court regarding a petition for name
507	507	change under Subchapter B, Chapter 45, Family Code;
508	508	(8) the Texas School for the Deaf;
509	509	(9) the Department of Family and Protective Services;
510	510	(10) the Texas Juvenile Justice Department [Youth
511	511	Commission];
512	512	(11) the Department of Assistive and Rehabilitative
513	513	Services;
514	514	(12) the Department of State Health Services, a local
515	515	mental health service, a local mental retardation authority, or a
516	516	community center providing services to persons with mental illness
517	517	or retardation;
518	518	(13) the Texas Private Security Board;
519	519	(14) a municipal or volunteer fire department;
520	520	(15) the Texas Board of Nursing;
521	521	(16) a safe house providing shelter to children in
522	522	harmful situations;
523	523	(17) a public or nonprofit hospital or hospital
524	524	district;
525	525	(18) [the Texas Juvenile Probation Commission;
526	526	[(19)] the securities commissioner, the banking
527	527	commissioner, the savings and mortgage lending commissioner, the
528	528	consumer credit commissioner, or the credit union commissioner;
529	529	(19) [(20)] the Texas State Board of Public
530	530	Accountancy;
531	531	(20) [(21)] the Texas Department of Licensing and
532	532	Regulation;
533	533	(21) [(22)] the Health and Human Services Commission;
534	534	(22) [(23)] the Department of Aging and Disability
535	535	Services;
536	536	(23) [(24)] the Texas Education Agency;
537	537	(24) [(25)] the Guardianship Certification Board;
538	538	(25) [(26)] a county clerk's office in relation to a
539	539	proceeding for the appointment of a guardian under Chapter XIII,
540	540	Texas Probate Code;
541	541	(26) [(27)] the Department of Information Resources
542	542	but only regarding an employee, applicant for employment,
543	543	contractor, subcontractor, intern, or volunteer who provides
544	544	network security services under Chapter 2059 to:
545	545	(A) the Department of Information Resources; or
546	546	(B) a contractor or subcontractor of the
547	547	Department of Information Resources;
548	548	(27) [(28)] the Court Reporters Certification Board;
549	549	(28) [(29)] the Texas Department of Insurance; [and]
550	550	(29) [(30)] the Teacher Retirement System of Texas;
551	551	and
552	552	(30) the Texas State Board of Pharmacy.
553	553	SECTION 33. The following provisions of the Occupations
554	554	Code are repealed:
555	555	(1) Chapter 567; and
556	556	(2) Section 568.007.
557	557	SECTION 34. This Act takes effect immediately if it
558	558	receives a vote of two-thirds of all the members elected to each
559	559	house, as provided by Section 39, Article III, Texas Constitution.
560	560	If this Act does not receive the vote necessary for immediate
561	561	effect, this Act takes effect September 1, 2013.