88R2171 KBB-F
By: Klick H.B. No. 2462
A BILL TO BE ENTITLED
AN ACT
relating to disclosure of certain complaint and investigation
information by the Texas State Board of Pharmacy to the United
States Food and Drug Administration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 555.010, Occupations Code, is amended to
read as follows:
Sec. 555.010. CONFIDENTIALITY; AUTHORIZED DISCLOSURE. (a)
Subject to Subsection (b), the [The] identity of a person who
reports to or assists the board under Section 555.002(c) and a
document that could disclose the identity of that person are
confidential and are not considered public information for the
purposes of Chapter 552, Government Code.
(b) The identity of a person described by Subsection (a) and
a document that could disclose the identity of that person may be
disclosed to the United States Food and Drug Administration under a
memorandum of understanding described by Section 503A, Federal
Food, Drug, and Cosmetic Act (21 U.S.C. Section 353a(b)(3)(B)),
entered into as provided by that section.
SECTION 2. Section 565.055(c), Occupations Code, is amended
to read as follows:
(c) Notwithstanding Subsection (b), information or material
compiled by the board in connection with an investigation may be
disclosed:
(1) during any proceeding conducted by the State
Office of Administrative Hearings, to the board, or a panel of the
board, or in a subsequent trial or appeal of a board action or
order;
(2) to a person providing a service to the board,
including an expert witness, investigator, or employee of an entity
that contracts with the board, related to a disciplinary proceeding
against an applicant or license holder, or a subsequent trial or
appeal, if the information is necessary for preparation for, or a
presentation in, the proceeding;
(3) to an entity in another jurisdiction that:
(A) licenses or disciplines pharmacists or
pharmacies; or
(B) registers or disciplines pharmacy
technicians or pharmacy technician trainees;
(4) to a pharmaceutical or pharmacy peer review
committee as described under Chapter 564;
(5) to a law enforcement agency;
(6) to a person engaged in bona fide research, if all
information identifying a specific individual has been deleted;
[or]
(7) to an entity that administers a board-approved
pharmacy technician certification examination; or
(8) to the United States Food and Drug Administration
under a memorandum of understanding described by Section 503A,
Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section
353a(b)(3)(B)), entered into as provided by that section.
SECTION 3. This Act takes effect September 1, 2023.