HBA-RBT H.B. 1970 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1970 By: Van de Putte Public Health 3/29/1999 Introduced BACKGROUND AND PURPOSE Currently there are 19,000 pharmacists and 5,400 pharmacies in the state that are required to renew their licenses annually. All of these licenses must be renewed by June 1. H.B. 1970 establishes a biannual licensing system and requires renewal on the birth date of the pharmacist, or in the case of a pharmacy, on the date the pharmacy was first licensed. This bill also corrects a technical error in Pharmacy Practice Act by including ambulatory surgical centers under Class C licenses. This bill allows the Texas State Board of Pharmacy (board) to certify pharmacists' immunization training and continuing education. It also specifies that the continuing education requirement for a pharmacist is 24 hours in 24 months. This bill specifies that in a hearing to reinstate a license that has been suspended or revoked the petitioner bears the burden of proof. This bill provides that a pharmacy license can be issued when the pharmacy has substantially complied with the requirements for licensing. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(7), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to redefine "Class C pharmacy license" and "institutional pharmacy license." SECTION 2. Amends Sections 17(a) and (b), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to include the determination and issuance of standards for recognition and approval of pharmacist certification programs, including a requirement that a pharmacist may not use the designation "board certified" unless the pharmacist has attended a certification program that meets Texas State Board of Pharmacy (board) standards among those matters the board is responsible for regulating. Redesignates Subsections (4)-(7) to (5)-(8). Makes conforming and nonsubstantive changes. SECTION 3. Amends Section 24A(d), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to provide that an applicant for license renewal must complete 24 hours of continuing education during the preceding 24 months of the license period, rather than 12 hours during the preceding license period. SECTION 4. Amends Section 27A(g), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to authorize the board to add a surcharge of not more than $10 for each 12 months in a license period to a license or license renewal fee. SECTION 5. Amends Section 28(b), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to provide that a person whose pharmacy license or license to practice pharmacy in this state has been canceled, revoked, or restricted under this Act has the burden of proof when petitioning for reinstatement. SECTION 6. Amends Sections 29(a) and (e), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to provide that a pharmacy license under this Act must be renewed annually or biennially as determined by the board. Authorizes the board to issue a license to a pharmacy on certification by the appropriate agency that the facility in which the pharmacy is located has substantially completed the requirements for licensing. SECTION 7. Amends Sections 31(d) and (f), Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), to require the board to suspend the license of a pharmacy who does not file a completed application and pay the renewal fee before the license expiration date, rather than June 1 of each year. Authorizes the board to adopt a system in which licences to operate a pharmacy expire on various dates during the year or every other year, as appropriate. SECTION 8. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 9. Emergency clause.