HBA-JRA S.B. 1086 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 1086 By: Lindsay Public Health 5/7/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Under current law, the Texas State Board of Pharmacy (board) is authorized to license community and nuclear pharmacies, as well as pharmacies in hospitals or other licensed in-patient facilities and clinics. S.B. 1086 authorizes the board to establish an additional class of pharmacy, if pharmaceutical services are being offered to the public, an existing class is not appropriate for the practice setting, and a new class of pharmacy license is necessary to protect the public health, safety and welfare. This bill also requires any new class of pharmacy established under this section to be under the continuous on-site supervision of a pharmacist while open. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Pharmacy in SECTION 1 (Section 29, Article 4542a-1, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 29, Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), by amending Subsections (b) and (c) and adding Subsections (h) and (i), as follows: (b) Includes another class of pharmacy established by the Texas State Board of Pharmacy (board) under this section among those classes of licenses for which a pharmacy is required to apply under this section (Licensing of Pharmacies). (c) Requires the board, by rule, for any class of pharmacy established by the board under this section, to require the continuous on-site supervision of a pharmacist during the time it is open for pharmacy services. (h) Authorizes the board, by rule, to establish an additional class of pharmacy license if it determines that the practice setting will provide pharmaceutical care services to the public; an existing class of pharmacy license is not appropriate for the practice setting; and a new class of pharmacy license is necessary to protect the public health, safety, and welfare. (i) Provides that nothing in this Act requires any pharmacy to obtain an additional class of license for services the pharmacy is currently providing. SECTION 2. Effective date: September 1, 1999. SECTION 3.Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 (1) SECTION 1. Adds a new Subsection (i) to prohibit a new class of pharmacy created by this Act from dealing primarily in orthotics or prosthetics. (2) SECTION 1. Redesignates proposed Subsection (i) to Subsection (j).