86R21546 TSR-D
By: Dean, Thompson of Harris, Zerwas, Moody, H.B. No. 3052
Oliverson, et al.
Substitute the following for H.B. No. 3052:
By: Thompson of Harris C.S.H.B. No. 3052
A BILL TO BE ENTITLED
AN ACT
relating to the revocation of a pharmacy license for failure to
operate as a pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 565, Occupations Code, is
amended by adding Section 565.0591 to read as follows:
Sec. 565.0591. REVOCATION OF PHARMACY LICENSE FOR FAILURE
TO OPERATE. (a) On discovery by the board that a pharmacy licensed
under Chapter 560 has ceased to operate for a period of 30 days or
longer, the board shall notify the pharmacy that the license will be
revoked.
(b) The notice must:
(1) include a statement that the pharmacy license is
being revoked for violation of Section 565.002(a)(7); and
(2) inform the license holder of the license holder's
right to a hearing to contest the revocation.
(c) Not later than the 20th day after the date the license
holder receives the notice of revocation under this section, the
license holder may submit a written request for a hearing to contest
the revocation.
(d) If the license holder does not request a hearing within
the period prescribed by Subsection (c), the board shall:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(e) If the license holder requests a hearing within the
period prescribed by Subsection (c), a panel of three board members
appointed by the president of the board shall conduct the hearing.
At the hearing the panel shall determine whether the license holder
has violated Section 565.002(a)(7).
(f) If the panel determines that the license holder
committed the violation, the board shall promptly:
(1) enter an order revoking the license; and
(2) notify the license holder of the order.
(g) Chapter 2001, Government Code, does not apply to a
determination under Subsection (e).
SECTION 2. This Act takes effect September 1, 2019.