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.