HBA-MPM H.B. 2128 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2128
By: Hopson
Public Health
4/16/2001
Introduced


BACKGROUND AND PURPOSE 

Over the past two years, the Texas State Board of Pharmacy (TSBP) has
convened to consider recommendations to the 77th Texas Legislature.  TSBP
recommended that changes be made to existing statute for the purposes of
achieving consistency with federal law and to clarify and tighten the
regulatory language for the practice of pharmacy in Texas.  House Bill 2128
incorporates changes recommended by TSBP into the Texas Pharmacy Act, the
Texas Dangerous Drug Act, and the Texas Controlled Substance Act. 

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 551.003, Occupations Code) and SECTION 9 (Section
483.001, Health and Safety Code) of this bill. 

ANALYSIS

House Bill 2128 amends the Occupations Code and the Health and Safety Code
to amend the definitions of "dangerous drug" and "prescription drug" to
provide that such drugs bear a legend that complies with federal law and is
adopted by Texas State Board of Pharmacy (TSBP) rule.  The bill amends the
Occupations Code to remove the stipulation from the definition of
"pharmacist-intern" that internship programs be school-based. 

The bill removes the restriction that a salaried faculty member at a
college of pharmacy may not serve as a TSBP board member.   

The bill provides that the cancellation of a person's license to practice
pharmacy and the suspension of a licensed pharmacy's license for failure to
not renew do not apply if the license is the subject of a pending
investigation or disciplinary action. 

The bill prohibits a person from displaying in a place of business the word
"apothecary" unless the facility is a licensed pharmacy. 

The bill increases from 24 to 30 the minimum number of hours of continuing
education in a 24-month period that satisfies the continuing education
requirement for licensed pharmacists. 

The bill provides that provisions governing the confidentiality of records
and proceedings of the board do not apply to a disciplinary order of the
board if a license holder has been the subject of a previous disciplinary
order that was confidential under those provisions. 

The bill amends the Health and Safety Code to require a pharmacist who is
requested to dispense a dangerous drug to determine in the pharmacist's
professional judgment that the prescription is authentic and was issued
under a valid patient-physician relationship, and that the drug is
considered necessary for treatment of illness for all prescriptions and not
just those issued by a practitioner licensed in Canada or Mexico. 
 
EFFECTIVE DATE

September 1, 2001.