HBA-RBT S.B. 1889 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1889
By: Nelson
Public Health
5/21/1999
Engrossed


BACKGROUND AND PURPOSE 

Currently, pharmacy technicians working in Texas are not required to be
certified.  The Texas Board of Pharmacy is considering rules which would
set minimum standards and require certification of pharmacy technicians.
There have been instances where untrained children are filling
prescriptions, labeling medication bottles, and dispensing drugs without
the appropriate oversight of a pharmacist. S.B. 1889 regulates pharmacy
technicians and the reporting of professional liability claims regarding
the practice of pharmacy. 

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
SECTIONS 2 and 4 (Sections 20A, 20B, and 42, Article 4542a-1, V.T.C.S.) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 17, Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), by amending Subsections (a) and (o), as follows:  

(a) Provides that the Texas State Board of Pharmacy (board) is responsible
for the regulation of the practice of pharmacy in this state, including the
regulation of the training, qualifications, and employment of pharmacy
technicians.  Makes conforming changes.   
 
(o) Requires, rather than authorizes, the board to determine and issue
standards for recognition and approval of training programs for pharmacy
technicians, and to maintain a list of board-approved training programs
that meet the standards of this section.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Amends Article 4542a-1, V.T.C.S., by adding Sections 20A and
20B, as follows: 

Sec. 20A.  QUALIFICATIONS FOR AND SUPERVISION OF PHARMACY TECHNICIANS;
RULES.  Requires the board to require a pharmacy technician to have a high
school diploma or a high school equivalency certificate or be working to
achieve an equivalent diploma or certificate, and have passed a
board-approved pharmacy technician certification examination; and provide
that the ratio of pharmacist technicians to supervising pharmacists not
exceed two-to-one.  Authorizes the board to allow a technician in a county
with a population of less than 50,000 to petition the board for a special
exemption from the technician certification requirement.  Requires the
board to adopt rules that permit a pharmacy technician to perform only
nonjudgmental technical duties under the direct supervision of a
pharmacist. 
 
Sec. 20B.  PHARMACY TECHNICIAN REGISTRATION REQUIRED.  Provides that a
pharmacy technician must register with the board annually or biennially, as
determined by board rule, on a form prescribed by the board.  Authorizes
the board to refuse to issue or renew a registration or to suspend or
revoke any registration issued by the board if the board determines that
the applicant or registrant has committed certain violations.  Provides
that a certified copy of the record of a state that revoked or suspended a
pharmacy technician's registration is conclusive evidence of the action
taken by the state.  Authorizes the board to  adopt a system in which the
registrations of pharmacy technicians expire on various dates during the
year.  Authorizes the board to adopt fees as necessary for the registration
of pharmacy technicians. 

SECTION 3. Amends Section 28(b), Article 4542a-1, V.T.C.S., to authorize a
person whose pharmacy technician registration in this state has been
canceled, revoked, or restricted under this Act, to petition the board for
reinstatement or removal of restriction of the license, after 12 months
from the effective date of the cancellation, revocation, or restriction.
Provides that a  person petitioning for reinstatement has the burden of
proof. 

SECTION 4.  Amends Article 4542a-1, V.T.C.S., by adding Section 42, as
follows: 

Sec. 42.  DUTY OF PROFESSIONAL LIABILITY INSURER TO REPORT.  (a) Requires
every insurer or other entity providing pharmacist's professional liability
insurance, pharmacy technician professional and supplemental liability
insurance, or druggist's professional liability insurance covering a
pharmacist, pharmacy technician, or pharmacy license holder in this state
to submit to the board the information described in Subsections (b) and (c)
of this section at the time prescribed.  Requires the information to be
provided with respect to a notice of claim letter or complaint filed
against an insured in a court, if the notice or complaint seeks damages
relating to the insured's conduct in providing or failing to provide
appropriate service within the scope of pharmaceutical care or services,
and with respect to settlement of a claim or lawsuit made on behalf of the
insured.  Provides that the duty to report information under Subsections
(b) and (c) of this section is the responsibility of the pharmacist,
pharmacy technician, or pharmacy license holder, if a pharmacist, pharmacy
technician, or a pharmacy licensed in this state does not carry or is not
covered by pharmacist's professional liability insurance, pharmacy
technician professional and supplemental liability insurance, or druggist's
professional liability insurance and is insured by a nonadmitted carrier or
other entity providing pharmacy professional liability insurance that does
not report under this Act.   

(b) Sets forth information required to be furnished to the board no later
than the 30th day after receipt by the insurer of the notice of claim
letter or complaint from the insured.   

(c) Authorizes the board  to adopt rules for reporting additional
information as the board may require, in consultation with the Texas
Department of Insurance (TDI).  Requires other claim reports required under
state and federal law to be considered in determining the information to be
reported, the form of the report, and frequency of reporting under the
rules.  Authorizes the board to require additional information including
the date of any judgment, dismissal, or settlement, whether an appeal has
been taken and by which party, and the amount of any settlement or judgment
against the insured. 

(d) Provides that an insurer reporting under this section, its agents or
employees, or the board or its employees or representatives is not liable
for damages in a suit brought by any person or entity for reporting as
required by this section or for any other action taken under this section. 

(e) Prohibits information submitted to the board under this section and the
fact that the information has been submitted to the board from being
offered in evidence or used in any manner in the trial of a suit described
in this section. 

(f) Requires the board to review the information relating to a pharmacist,
pharmacy technician, or pharmacy license holder against whom at least three
professional liability claims have been reported within a five-year period
in the same manner as if a complaint against the pharmacist, pharmacist
technician, or pharmacy license holder had been made under Section 17A of
this Act. 

(g) Authorizes TDI to impose on any insurer subject to this Act sanctions
authorized by Section 7, Article 1.10, Insurance Code, if the insurer fails
to report information as required by this section. 
 
SECTION 5. (a) Effective date: September 1, 1999, except as provided by
Subsection (e) of this section. 
 
(b) Provides that on or after the effective date of this Act, a pharmacy
technician must have a high school diploma, a high school equivalency
certificate, or be working to achieve an equivalent diploma or certificate. 

(c) Authorizes a pharmacy, on or after the effective date of this Act, to
employ a pharmacy technician only if the ratio of pharmacy technicians to
supervising pharmacists does not exceed two to one. 

(d) Authorizes the board to enforce this section.  Provides that a
violation of this section is a violation of the Article 4542a-1, V.T.C.S. 

(e) Effective date  for Sections 20A and 20B, Article 4542a-1, V.T.C.S.:
January 1, 2001. Prohibits a rule adopted under Section 20A, Article
4542a-1, V.T.C.S., from taking effect before September 1, 2001. 

SECTION 6. Emergency clause.