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.