Office of House Bill AnalysisH.B. 1970
By: Van de Putte
Public Health


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. 

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 1.  Amends Section 5(7), Article 4542a-1, V.T.C.S.  (Texas Pharmacy
Act), to redefine "Class C pharmacy license" and "institutional pharmacy

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

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

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.