TX
Texas House Bill HB3052

Texas 2019 - 86th Regular

Texas House Bill HB3052 Compare Versions

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1-86R21546 TSR-D
2- By: Dean, Thompson of Harris, Zerwas, Moody, H.B. No. 3052
3- Oliverson, et al.
4- Substitute the following for H.B. No. 3052:
5- By: Thompson of Harris C.S.H.B. No. 3052
1+86R9606 TSR-D
2+ By: Dean H.B. No. 3052
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to the revocation of a pharmacy license for failure to
118 operate as a pharmacy.
129 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1310 SECTION 1. Subchapter B, Chapter 565, Occupations Code, is
1411 amended by adding Section 565.0591 to read as follows:
15- Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE
16- TO OPERATE. (a) On discovery by the board that a pharmacy licensed
12+ Sec. 565.0591. AUTOMATIC REVOCATION OF CERTAIN PHARMACY
13+ LICENSES. (a) On discovery by the board that a pharmacy licensed
1714 under Chapter 560 has ceased to operate for a period of 30 days or
1815 longer, the board shall notify the pharmacy that the license will be
1916 revoked.
2017 (b) The notice must:
2118 (1) include a statement that the pharmacy license is
2219 being revoked for violation of Section 565.002(a)(7); and
2320 (2) inform the license holder of the license holder's
2421 right to a hearing to contest the revocation.
2522 (c) Not later than the 20th day after the date the license
2623 holder receives the notice of revocation under this section, the
2724 license holder may submit a written request for a hearing to contest
2825 the revocation.
2926 (d) If the license holder does not request a hearing within
3027 the period prescribed by Subsection (c), the board shall:
3128 (1) enter an order revoking the license; and
3229 (2) notify the license holder of the order.
3330 (e) If the license holder requests a hearing within the
3431 period prescribed by Subsection (c), a panel of three board members
3532 appointed by the president of the board shall conduct the hearing.
3633 At the hearing the panel shall determine whether the license holder
3734 has violated Section 565.002(a)(7).
3835 (f) If the panel determines that the license holder
3936 committed the violation, the board shall promptly:
4037 (1) enter an order revoking the license; and
4138 (2) notify the license holder of the order.
42- (g) Chapter 2001, Government Code, does not apply to a
43- determination under Subsection (e).
39+ (g) Notwithstanding Chapter 2001, Government Code, a
40+ determination under Subsection (e) is not subject to judicial
41+ review.
4442 SECTION 2. This Act takes effect September 1, 2019.