HBA-CMT C.S.H.B. 99 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 99
By: Maxey
Public Health
4/11/2001
Committee Report (Substituted)


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.  These
safeguards, however, have not been extended in Texas to protect citizens
from the improper sale of drugs by online practitioners and pharmacies.
C.S.H.B. 99 extends these safeguards by requiring the Texas State Board of
Pharmacy (board) 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 the board 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

C.S.H.B. 99 amends the Occupations Code to require the Texas State Board of
Pharmacy (board) 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 the board 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 the board, 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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 99 modifies the original by adding provisions authorizing a
complaint directed to the Texas State Board of Pharmacy (board) to be made
through the Internet.  The substitute adds provisions relating to the
linking of pharmacy Internet sites to the Internet site maintained by the
board.  The substitute changes the date by which rules are required to be
adopted by the board from January 31, 2002 to February 28, 2002.