| 1 | 1 | | 88R2171 KBB-F |
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| 2 | 2 | | By: Klick H.B. No. 2462 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to disclosure of certain complaint and investigation |
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| 8 | 8 | | information by the Texas State Board of Pharmacy to the United |
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| 9 | 9 | | States Food and Drug Administration. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 555.010, Occupations Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 555.010. CONFIDENTIALITY; AUTHORIZED DISCLOSURE. (a) |
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| 14 | 14 | | Subject to Subsection (b), the [The] identity of a person who |
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| 15 | 15 | | reports to or assists the board under Section 555.002(c) and a |
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| 16 | 16 | | document that could disclose the identity of that person are |
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| 17 | 17 | | confidential and are not considered public information for the |
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| 18 | 18 | | purposes of Chapter 552, Government Code. |
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| 19 | 19 | | (b) The identity of a person described by Subsection (a) and |
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| 20 | 20 | | a document that could disclose the identity of that person may be |
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| 21 | 21 | | disclosed to the United States Food and Drug Administration under a |
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| 22 | 22 | | memorandum of understanding described by Section 503A, Federal |
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| 23 | 23 | | Food, Drug, and Cosmetic Act (21 U.S.C. Section 353a(b)(3)(B)), |
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| 24 | 24 | | entered into as provided by that section. |
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| 25 | 25 | | SECTION 2. Section 565.055(c), Occupations Code, is amended |
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| 26 | 26 | | to read as follows: |
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| 27 | 27 | | (c) Notwithstanding Subsection (b), information or material |
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| 28 | 28 | | compiled by the board in connection with an investigation may be |
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| 29 | 29 | | disclosed: |
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| 30 | 30 | | (1) during any proceeding conducted by the State |
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| 31 | 31 | | Office of Administrative Hearings, to the board, or a panel of the |
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| 32 | 32 | | board, or in a subsequent trial or appeal of a board action or |
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| 33 | 33 | | order; |
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| 34 | 34 | | (2) to a person providing a service to the board, |
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| 35 | 35 | | including an expert witness, investigator, or employee of an entity |
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| 36 | 36 | | that contracts with the board, related to a disciplinary proceeding |
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| 37 | 37 | | against an applicant or license holder, or a subsequent trial or |
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| 38 | 38 | | appeal, if the information is necessary for preparation for, or a |
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| 39 | 39 | | presentation in, the proceeding; |
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| 40 | 40 | | (3) to an entity in another jurisdiction that: |
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| 41 | 41 | | (A) licenses or disciplines pharmacists or |
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| 42 | 42 | | pharmacies; or |
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| 43 | 43 | | (B) registers or disciplines pharmacy |
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| 44 | 44 | | technicians or pharmacy technician trainees; |
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| 45 | 45 | | (4) to a pharmaceutical or pharmacy peer review |
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| 46 | 46 | | committee as described under Chapter 564; |
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| 47 | 47 | | (5) to a law enforcement agency; |
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| 48 | 48 | | (6) to a person engaged in bona fide research, if all |
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| 49 | 49 | | information identifying a specific individual has been deleted; |
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| 50 | 50 | | [or] |
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| 51 | 51 | | (7) to an entity that administers a board-approved |
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| 52 | 52 | | pharmacy technician certification examination; or |
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| 53 | 53 | | (8) to the United States Food and Drug Administration |
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| 54 | 54 | | under a memorandum of understanding described by Section 503A, |
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| 55 | 55 | | Federal Food, Drug, and Cosmetic Act (21 U.S.C. Section |
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| 56 | 56 | | 353a(b)(3)(B)), entered into as provided by that section. |
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| 57 | 57 | | SECTION 3. This Act takes effect September 1, 2023. |
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