88R11942 SCP-F
By: Bucy, Talarico, Plesa H.B. No. 2088
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of the practice of pharmacy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 562.0541(d), Occupations Code, is
amended to read as follows:
(d) The quantity of an emergency refill of insulin may not
exceed a 30-day supply unless the smallest commercially available
package exceeds a 30-day supply. A pharmacist may dispense
multiple packages of insulin for an emergency refill if the total
quantity dispensed does not exceed a 30-day supply. The [quantity
of an] emergency refill of insulin-related equipment or supplies
may not exceed [the lesser of a 30-day supply or] the smallest
commercially available package necessary for a 30-day supply.
SECTION 2. Section 565.003, Occupations Code, as amended by
Chapters 1105 (H.B. 2174) and 1166 (H.B. 3284), Acts of the 86th
Legislature, Regular Session, 2019, is reenacted to read as
follows:
Sec. 565.003. ADDITIONAL GROUNDS FOR DISCIPLINE REGARDING
APPLICANT FOR OR HOLDER OF NONRESIDENT PHARMACY LICENSE. Unless
compliance would violate the pharmacy or drug statutes or rules in
the state in which the pharmacy is located, the board may discipline
an applicant for or the holder of a nonresident pharmacy license if
the board finds that the applicant or license holder has failed to
comply with:
(1) Section 481.074, 481.075, 481.0755, 481.0756,
481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636,
481.0764, 481.0765, or 481.0766, Health and Safety Code;
(2) Texas substitution requirements regarding:
(A) the practitioner's directions concerning
generic substitution;
(B) the patient's right to refuse generic
substitution; or
(C) notification to the patient of the patient's
right to refuse substitution;
(3) any board rule relating to providing drug
information to the patient or the patient's agent in written form or
by telephone; or
(4) any board rule adopted under Section 554.051(a)
and determined by the board to be applicable under Section
554.051(b).
SECTION 3. Section 568.003(a), Occupations Code, is amended
to read as follows:
(a) The board may take disciplinary action under Section
568.0035 against an applicant for or the holder of a current or
expired pharmacy technician or pharmacy technician trainee
registration if the board determines that the applicant or
registrant has:
(1) violated this subtitle or a rule adopted under
this subtitle;
(2) engaged in gross immorality, as that term is
defined by the rules of the board;
(3) engaged in any fraud, deceit, or
misrepresentation, as those terms are defined by the rules of the
board, in practicing as a pharmacy technician or pharmacy
technician trainee or in seeking a registration to act as a pharmacy
technician or pharmacy technician trainee;
(4) been convicted of or placed on deferred
adjudication community supervision or deferred disposition or the
applicable federal equivalent for:
(A) a misdemeanor:
(i) involving moral turpitude; or
(ii) under Chapter 481 or 483, Health and
Safety Code, or the Comprehensive Drug Abuse Prevention and Control
Act of 1970 (21 U.S.C. Section 801 et seq.); or
(B) a felony;
(5) developed an incapacity that prevents the
applicant or registrant from practicing as a pharmacy technician or
pharmacy technician trainee with reasonable skill, competence, and
safety to the public;
(6) violated:
(A) Chapter 481 or 483, Health and Safety Code,
or rules relating to those chapters;
(B) Sections 485.031-485.034 [485.031-485.035],
Health and Safety Code; or
(C) a rule adopted under Section 485.002
[485.011], Health and Safety Code;
(7) violated the pharmacy or drug laws or rules of this
state, another state, or the United States;
(8) performed duties in a pharmacy that only a
pharmacist may perform, as defined by the rules of the board;
(9) used alcohol or drugs in an intemperate manner
that, in the board's opinion, could endanger a patient's life;
(10) engaged in negligent, unreasonable, or
inappropriate conduct when working in a pharmacy;
(11) violated a disciplinary order;
(12) been convicted or adjudicated of a criminal
offense that requires registration as a sex offender under Chapter
62, Code of Criminal Procedure; or
(13) been disciplined by a pharmacy or other health
regulatory board of this state or another state for conduct
substantially equivalent to conduct described by this subsection.
SECTION 4. To the extent of any conflict, this Act prevails
over another Act of the 88th Legislature, Regular Session, 2023,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 5. Section 568.003(a), Occupations Code, as amended
by this Act, applies only to disciplinary action regarding conduct
that occurs on or after the effective date of this Act. Conduct
that occurs before the effective date of this Act is governed by the
law in effect on the date the conduct occurred, and the former law
is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.