Texas 2023 - 88th Regular

Texas House Bill HB2088 Compare Versions

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1	1	88R11942 SCP-F
2	2	By: Bucy, Talarico, Plesa H.B. No. 2088
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of the practice of pharmacy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 562.0541(d), Occupations Code, is
10	10	amended to read as follows:
11	11	(d) The quantity of an emergency refill of insulin may not
12	12	exceed a 30-day supply unless the smallest commercially available
13	13	package exceeds a 30-day supply. A pharmacist may dispense
14	14	multiple packages of insulin for an emergency refill if the total
15	15	quantity dispensed does not exceed a 30-day supply. The [quantity
16	16	of an] emergency refill of insulin-related equipment or supplies
17	17	may not exceed [the lesser of a 30-day supply or] the smallest
18	18	commercially available package necessary for a 30-day supply.
19	19	SECTION 2. Section 565.003, Occupations Code, as amended by
20	20	Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th
21	21	Legislature, Regular Session, 2019, is reenacted to read as
22	22	follows:
23	23	Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
24	24	APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
25	25	compliance would violate the pharmacy or drug statutes or rules in
26	26	the state in which the pharmacy is located, the board may discipline
27	27	an applicant for or the holder of a nonresident pharmacy license if
28	28	the board finds that the applicant or license holder has failed to
29	29	comply with:
30	30	(1) Section 481.074, 481.075, 481.0755, 481.0756,
31	31	481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636,
32	32	481.0764, 481.0765, or 481.0766, Health and Safety Code;
33	33	(2) Texas substitution requirements regarding:
34	34	(A) the practitioner's directions concerning
35	35	generic substitution;
36	36	(B) the patient's right to refuse generic
37	37	substitution; or
38	38	(C) notification to the patient of the patient's
39	39	right to refuse substitution;
40	40	(3) any board rule relating to providing drug
41	41	information to the patient or the patient's agent in written form or
42	42	by telephone; or
43	43	(4) any board rule adopted under Section 554.051(a)
44	44	and determined by the board to be applicable under Section
45	45	554.051(b).
46	46	SECTION 3. Section 568.003(a), Occupations Code, is amended
47	47	to read as follows:
48	48	(a) The board may take disciplinary action under Section
49	49	568.0035 against an applicant for or the holder of a current or
50	50	expired pharmacy technician or pharmacy technician trainee
51	51	registration if the board determines that the applicant or
52	52	registrant has:
53	53	(1) violated this subtitle or a rule adopted under
54	54	this subtitle;
55	55	(2) engaged in gross immorality, as that term is
56	56	defined by the rules of the board;
57	57	(3) engaged in any fraud, deceit, or
58	58	misrepresentation, as those terms are defined by the rules of the
59	59	board, in practicing as a pharmacy technician or pharmacy
60	60	technician trainee or in seeking a registration to act as a pharmacy
61	61	technician or pharmacy technician trainee;
62	62	(4) been convicted of or placed on deferred
63	63	adjudication community supervision or deferred disposition or the
64	64	applicable federal equivalent for:
65	65	(A) a misdemeanor:
66	66	(i) involving moral turpitude; or
67	67	(ii) under Chapter 481 or 483, Health and
68	68	Safety Code, or the Comprehensive Drug Abuse Prevention and Control
69	69	Act of 1970 (21 U.S.C. Section 801 et seq.); or
70	70	(B) a felony;
71	71	(5) developed an incapacity that prevents the
72	72	applicant or registrant from practicing as a pharmacy technician or
73	73	pharmacy technician trainee with reasonable skill, competence, and
74	74	safety to the public;
75	75	(6) violated:
76	76	(A) Chapter 481 or 483, Health and Safety Code,
77	77	or rules relating to those chapters;
78	78	(B) Sections 485.031-485.034 [485.031-485.035],
79	79	Health and Safety Code; or
80	80	(C) a rule adopted under Section 485.002
81	81	[485.011], Health and Safety Code;
82	82	(7) violated the pharmacy or drug laws or rules of this
83	83	state, another state, or the United States;
84	84	(8) performed duties in a pharmacy that only a
85	85	pharmacist may perform, as defined by the rules of the board;
86	86	(9) used alcohol or drugs in an intemperate manner
87	87	that, in the board's opinion, could endanger a patient's life;
88	88	(10) engaged in negligent, unreasonable, or
89	89	inappropriate conduct when working in a pharmacy;
90	90	(11) violated a disciplinary order;
91	91	(12) been convicted or adjudicated of a criminal
92	92	offense that requires registration as a sex offender under Chapter
93	93	62, Code of Criminal Procedure; or
94	94	(13) been disciplined by a pharmacy or other health
95	95	regulatory board of this state or another state for conduct
96	96	substantially equivalent to conduct described by this subsection.
97	97	SECTION 4. To the extent of any conflict, this Act prevails
98	98	over another Act of the 88th Legislature, Regular Session, 2023,
99	99	relating to nonsubstantive additions to and corrections in enacted
100	100	codes.
101	101	SECTION 5. Section 568.003(a), Occupations Code, as amended
102	102	by this Act, applies only to disciplinary action regarding conduct
103	103	that occurs on or after the effective date of this Act. Conduct
104	104	that occurs before the effective date of this Act is governed by the
105	105	law in effect on the date the conduct occurred, and the former law
106	106	is continued in effect for that purpose.
107	107	SECTION 6. This Act takes effect September 1, 2023.