Office of House Bill AnalysisS.B. 730
By: Madla
Public Health


Currently, there are 19,000 pharmacists and 5,400 pharmacies in the state
that are required to renew their licenses annually.  The State Board of
Pharmacy (board) may be able to maximize the effectiveness of the licensing
personnel and relieve some of the administrative burden by moving to a
biennial licensure system.  S.B. 730 charges the board with determining and
issuing standards for pharmacist certification programs and authorizes the
renewal of pharmacy licenses either annually or biennially, as determined
by the board. 


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" or "institutional pharmacy

SECTION 2.  Amends Sections 17(a) and (b), Article 4542a-1, V.T.C.S. (Texas
Pharmacy Act), to include among the activities that the Texas State Board
of Pharmacy (board) is responsible for regulating in their regulation of
the practice of pharmacy in this state, the determination and issuance of
recognition and approval standards of pharmacist certification programs,
including a prohibition against a pharmacist using the designation "board
certified" unless the pharmacist has attended a certification program that
meets board standards.  Deletes the provision that the registration of
balances used for the compounding of drugs in pharmacies licensed in this
be annual.  Makes conforming changes. 

SECTION 3. Amends Section 24A(d), Article 4542a-1, V.T.C.S. (Texas Pharmacy
Act), to require an applicant who satisfies the continuing education
requirement through completion of approved programs to present evidence
satisfactory to the board of completion of not fewer than 24, rather than
at least 12, hours of continuing education during the preceding 24 months
of the applicant's license period.  Deletes text authorizing a licensee to
carry forward certain a maximum of 12 hours to the next licensing 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 authorized under this Act to fund the program to aid impaired
pharmacists or pharmacy students. 

SECTION 5.  Amends Section 28(b), Article 4542-1, V.T.C.S. (Texas Pharmacy
Act), to provide that a person petitioning for reinstatement has the burden
of proof. 

SECTION 6.  Amends Sections 29(a) and (e), Article 4542a-1, V.T.C.S. (Texas
Pharmacy Act), as follows: 

(a)  Provides that a pharmacy license under this Act must be renewed
annually or biennially as determined by the board.  Previously, a pharmacy
license had to be renewed annually. 
(e)  Authorizes the board, with respect to Class C pharmacies, 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., as

(d)  Requires the board to remove a pharmacy's name from the register of
licensed pharmacies and suspend the license of a pharmacy that does not
file a completed application and pay the renewal fee before the license
expiration date, rather than June 1 of each year. 

(f)  Authorizes the board to adopt a system in which licenses to operate a
pharmacy expire on various dates during the year or every other year, as

SECTION 8.Effective date: September 1, 1999.
  Makes application of this Act prospective.

SECTION 9.Emergency clause.