Texas 2017 - 85th Regular

Texas House Bill HB3273 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R17898 EES-F
2	2	By: Roberts H.B. No. 3273
3	3	Substitute the following for H.B. No. 3273:
4	4	By: Price C.S.H.B. No. 3273
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the licensing and regulation of pharmacies,
10	10	pharmacists, and pharmacy technicians.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 551.003(9), Occupations Code, is amended
13	13	to read as follows:
14	14	(9) "Compounding" means the preparation, mixing,
15	15	assembling, packaging, and [or] labeling of a drug or device:
16	16	(A) as the result of a practitioner's
17	17	prescription drug order based on the
18	18	practitioner-patient-pharmacist relationship in the course of
19	19	professional practice;
20	20	(B) for administration to a patient by a
21	21	practitioner as the result of a practitioner's initiative based on
22	22	the practitioner-patient-pharmacist relationship in the course of
23	23	professional practice;
24	24	(C) in anticipation of a prescription drug order
25	25	based on a routine, regularly observed prescribing pattern; or
26	26	(D) for or as an incident to research, teaching,
27	27	or chemical analysis and not for selling or dispensing, except as
28	28	allowed under Section 562.154 or Chapter 563.
29	29	SECTION 2. Subchapter C, Chapter 560, Occupations Code, is
30	30	amended by adding Section 560.1025 to read as follows:
31	31	Sec. 560.1025. PHARMACY OPERATIONS REQUIRED. The board
32	32	shall revoke a pharmacy license issued under this chapter if the
33	33	pharmacy has not begun operations as a pharmacy within six months
34	34	after the date the pharmacy license is issued.
35	35	SECTION 3. Chapter 561, Occupations Code, is amended by
36	36	adding Section 561.006 to read as follows:
37	37	Sec. 561.006. PROHIBITED ISSUANCE OF CERTAIN RENEWAL
38	38	CERTIFICATES. The board may not issue a license renewal
39	39	certificate for a pharmacy that the board determines, on inspection
40	40	of the address of the pharmacy on file with the board, is not
41	41	operating at that location.
42	42	SECTION 4. Section 565.002(a), Occupations Code, is amended
43	43	to read as follows:
44	44	(a) The board may discipline an applicant for or the holder
45	45	of a pharmacy license, including a Class E pharmacy license subject
46	46	to Section 565.003, if the board finds that the applicant or license
47	47	holder has:
48	48	(1) been convicted of or placed on deferred
49	49	adjudication community supervision or deferred disposition or the
50	50	applicable federal equivalent for:
51	51	(A) a misdemeanor:
52	52	(i) involving moral turpitude; or
53	53	(ii) under Chapter 481, 482, [or] 483, or
54	54	486, Health and Safety Code, or the Comprehensive Drug Abuse
55	55	Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
56	56	or
57	57	(B) a felony;
58	58	(2) advertised a prescription drug or device in a
59	59	deceitful, misleading, or fraudulent manner;
60	60	(3) violated any provision of this subtitle or any
61	61	rule adopted under this subtitle or that an owner or employee of a
62	62	pharmacy has violated any provision of this subtitle or any rule
63	63	adopted under this subtitle;
64	64	(4) sold without legal authorization a prescription
65	65	drug or device to a person other than:
66	66	(A) a pharmacy licensed by the board;
67	67	(B) a practitioner;
68	68	(C) a person who procures a prescription drug or
69	69	device for lawful research, teaching, or testing, and not for
70	70	resale;
71	71	(D) a manufacturer or wholesaler licensed by the
72	72	commissioner of public health as required by Chapter 431, Health
73	73	and Safety Code; or
74	74	(E) a carrier or warehouseman;
75	75	(5) allowed an employee who is not a pharmacist to
76	76	practice pharmacy;
77	77	(6) sold an adulterated or misbranded prescription or
78	78	nonprescription drug;
79	79	(7) failed to engage in or ceased to engage in the
80	80	business described in the application for a license;
81	81	(8) failed to maintain records as required by this
82	82	subtitle, Chapter 481 or 483, Health and Safety Code, the
83	83	Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
84	84	U.S.C. Section 801 et seq.), or any rule adopted under this subtitle
85	85	or Chapter 483, Health and Safety Code;
86	86	(9) failed to establish and maintain effective
87	87	controls against diversion of prescription drugs into other than a
88	88	legitimate medical, scientific, or industrial channel as provided
89	89	by this subtitle, another state statute or rule, or a federal
90	90	statute or rule;
91	91	(10) engaged in fraud, deceit, or misrepresentation as
92	92	defined by board rule in operating a pharmacy or in applying for a
93	93	license to operate a pharmacy;
94	94	(11) violated a disciplinary order;
95	95	(12) had [been responsible for] a drug audit shortage;
96	96	(13) been disciplined by the regulatory board of
97	97	another state for conduct substantially equivalent to conduct
98	98	described under this subsection; or
99	99	(14) waived, discounted, or reduced, or offered to
100	100	waive, discount, or reduce, a patient copayment or deductible for a
101	101	compounded drug in the absence of:
102	102	(A) a legitimate, documented financial hardship
103	103	of the patient; or
104	104	(B) evidence of a good faith effort to collect
105	105	the copayment or deductible from the patient.
106	106	SECTION 5. Section 568.001(a), Occupations Code, is amended
107	107	to read as follows:
108	108	(a) In establishing rules under Section 554.053(c), the
109	109	board shall require that:
110	110	(1) a pharmacy technician:
111	111	(A) have a high school diploma or a high school
112	112	equivalency certificate or be working to achieve an equivalent
113	113	diploma or certificate; [and]
114	114	(B) have passed a board-approved pharmacy
115	115	technician certification examination; and
116	116	(C) have completed a training program that meets
117	117	criteria established by board rule; and
118	118	(2) a pharmacy technician trainee have a high school
119	119	diploma or a high school equivalency certificate or be working to
120	120	achieve an equivalent diploma or certificate.
121	121	SECTION 6. Subchapter C, Chapter 481, Health and Safety
122	122	Code, is amended by adding Section 481.0751 to read as follows:
123	123	Sec. 481.0751. SUBMISSION OF CERTAIN INFORMATION TO BOARD.
124	124	(a) If any pharmacist who is an owner or employee of a pharmacy is
125	125	not required to submit information to the board under Section
126	126	481.074(q) or 481.075 for a seven-day period, the pharmacy shall
127	127	notify the board that the pharmacy did not fill a prescription that
128	128	required the submission of information under those sections during
129	129	that period. The pharmacy shall send the notice not later than the
130	130	seventh day after the last day of the period.
131	131	(b) The board by rule shall establish a standardized process
132	132	for a pharmacy to transmit electronically the notification required
133	133	by this section.
134	134	SECTION 7. Section 481.353(a), Health and Safety Code, is
135	135	amended to read as follows:
136	136	(a) The work group shall meet as necessary at the call of the
137	137	chair [at least quarterly].
138	138	SECTION 8. (a) Sections 554.016, 556.0555, 560.001(c),
139	139	560.0525, and 562.111, Occupations Code, are repealed.
140	140	(b) Subchapter E, Chapter 562, Occupations Code, is
141	141	repealed.
142	142	SECTION 9. Section 565.002(a), Occupations Code, as amended
143	143	by this Act, applies only to conduct that occurs on or after the
144	144	effective date of this Act. Conduct that occurred before the
145	145	effective date of this Act is governed by the law in effect on the
146	146	date the conduct occurred, and the former law is continued in effect
147	147	for that purpose. For purposes of this section, conduct occurred
148	148	before the effective date of this Act if any part of the conduct
149	149	occurred before that date.
150	150	SECTION 10. This Act takes effect September 1, 2017.