HBA-MPM C.S.S.B. 768 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 768
By: Madla
Public Health
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current state law regulating the practice of pharmacy is not consistent
with certain federal requirements and the actual practice of pharmacy in
this state.  The federal Food and Drug Administration has frequently
changed the labeling requirements for prescription drugs and Texas law has
not changed with the same frequency to comply.  The Texas State Board of
Pharmacy (TSBP) has either changed its rules or suggested changes to
current law to amend outdated restrictions or limitations. C.S.S.B. 768
allows TSBP to comply with certain federal requirements, increases
continuing education requirements for pharmacists, and strengthens TSBP's
jurisdiction and ability to impose penalties relating to certain actions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Pharmacy in SECTION
6 (Section 562.108, Occupations Code) and SECTION 13 of this bill. 

ANALYSIS

C.S.S.B. 768 amends the Occupations and Health and Safety codes to amend
the definitions of "dangerous drug" and "prescription drug" to provide that
such drugs bear the legend "Rx only" or another legend that complies with
federal law (Sec. 551.003, Occupations Code, and Sec. 483.001, Health and
Safety Code). C.S.S.B. 768 amends the Occupations Code to remove the
stipulation from the definition of "pharmacistintern" to provide that
internship programs be school-based (Sec. 551.003).   

The bill provides that the cancellation of a person's license to practice
pharmacy and the suspension of a licensed pharmacy's license for failure to
renew may not apply if the license is the subject of a pending
investigation or disciplinary action (Secs. 559.003 and 561.005).  The bill
authorizes the Texas State Board of Pharmacy (TSBP) to discipline an
applicant for or the holder of a license if the board finds that the
applicant or license holder has used drugs or alcohol in an intemperate
manner that in TSBP's opinion could endanger a patient's life (Sec.
565.001). 

The bill increases from 24 to 30 the minimum number of hours of continuing
education in a 24-month period that satisfies the continuing education
requirement for licensed pharmacists (Sec. 559.053). 

The bill prohibits a person from displaying in a place of business the word
"apothecary" unless the facility is a licensed pharmacy (Sec. 560.002). 

C.S.S.B. 768 authorizes a Class A or Class C pharmacy to maintain
controlled substances and dangerous drugs in an emergency medication kit
used at a convalescent or nursing home or related institution or an
intermediate care facility for the mentally retarded (institution) and
authorizes the substances and drugs to be used only for the emergency
medication needs of institution residents.  TSBP is required to adopt rules
no later than December 31, 2001 relating to emergency medication kits,
including the amount and type of dangerous drugs and controlled substances
that may be maintained in the kit, procedures regarding the use of the
drugs from such a kit, recordkeeping requirements, and security
requirements (Sec. 562.108 and  SECTION 13).  The bill amends the Health
and Safety Code to repeal provisions entitling these institutions to
maintain an emergency medication kit and requiring the Texas Board of Human
Services (TBHS) to adopt rules regarding the amount, type, and procedure
for use of controlled substances in the kit (SECTION 11).  The bill
transfers a complaint, investigation, or other proceeding pending under
these provisions to TSBP without change in status (SECTION 13). 

The bill prohibits a pharmacist from dispensing a controlled substance or
dangerous drug if the pharmacist knows or should have known that the
prescription was issued without a valid patient-practitioner relationship
(Secs 481.074 and 483.021). 

EFFECTIVE DATE

September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 768 differs from the original by authorizing the Texas State Board
of Pharmacy (TSBP) to discipline an applicant for or the holder of a
license if the applicant or license holder has used drugs or alcohol in an
intemperate manner that could endanger a patient's life (Sec. 565.001). 

The substitute authorizes a Class A or Class C pharmacy to maintain an
emergency medication kit used at certain institutions and requires TSBP to
adopt rules relating to the kit (Sec. 562.108). The substitute repeals
provisions entitling certain institutions to maintain an emergency
medication kit and requiring the Texas Board of Human Services to adopt
rules regarding the kits (SECTIONS 11 and 13).  

The substitute removes provisions in the original authorizing TSBP to
determine that confidentiality requirements do not apply to a disciplinary
order if the license holder has been the subject of a previous disciplinary
order that was confidential.