HBA-CMT H.B. 99 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 99 By: Maxey Public Health 7/19/2001 Enrolled BACKGROUND AND PURPOSE The United States Congress and state legislatures have enacted safeguards to protect citizens from harm resulting from the use of unsafe drugs, counterfeit drugs, and the improper practice of pharmacy. Prior to the 77th Legislature these safeguards were not extended in Texas to protect citizens from the improper sale of drugs by online practitioners and pharmacies. House Bill 99 extends these safeguards by requiring the Texas State Board of Pharmacy (TSBP) to adopt rules regarding the sale and delivery of prescription drugs by use of electronic media including the Internet, and authorizing complaints to be made to TSBP through the Internet. 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 (Sections 554.055 and 555.002, Occupations Code) and SECTION 4 of this bill. ANALYSIS House Bill 99 amends the Occupations Code to require the Texas State Board of Pharmacy (TSBP) to adopt rules no later than February 28, 2002 regarding the sale and delivery of drugs by use of electronic media, including the Internet. The bill authorizes a complaint directed to TSBP to be made through the Internet. The bill requires a pharmacy that maintains a generally accessible Internet site and sells or distributes drugs through the Internet to link its site to the Internet site maintained by TSBP, and sets forth that the site must be on the pharmacy's initial home page and, if the pharmacy sells drugs through its site, on the page where the sale occurs. EFFECTIVE DATE September 1, 2001. Provisions pertaining to the linking of Internet sites take effect November 1, 2001.