HBA-MPM H.B. 2850 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2850 By: Telford Public Health 4/5/1999 Introduced BACKGROUND AND PURPOSE Under current law, the Texas State Board of Pharmacy (board) is authorized to license community and nuclear pharmacies, as well as pharmacies in hospital or other licensed in-patient facilities and clinics. H.B. 2850 authorizes the board to establish an additional class of pharmacy, if pharmaceutical services are being offered to the public, an existing class is not appropriate for the practice setting, and a new class of pharmacy license is necessary to protect the health, safety and welfare of state citizens. This bill further stipulates that when a new class of pharmacy is established, the board is required to determine, by rule, the amount of pharmacist supervision necessary for that class. 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 29, Article 4542a-1, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 29, Article 4542a-1, V.T.C.S. (Texas Pharmacy Act), by amending Subsections (b) and (c) and adding Subsection (h), as follows: (b) Includes another class of pharmacy established by the Texas State Board of Pharmacy (board) under this section among those classes of licenses for which a pharmacy is required to apply under this section (Licensing of Pharmacies). (c) Requires the board, by rule, to determine the amount of pharmacist supervision necessary for any other class of pharmacy established by the board under this section, which is prohibited from being less than continuous supervision by a pharmacist. (h) Authorizes the board, by rule, to establish an additional class of pharmacy license if it determines that the practice setting will provide pharmaceutical care services to the public; an existing class of pharmacy license is not appropriate for the practice setting; and a new class of pharmacy license is necessary to protect the public health, safety, and welfare. SECTION 2. Effective date: September 1, 1999. SECTION 3.Emergency clause.