Bill Text: TX HB2561 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Texas State Board of Pharmacy and the regulation of certain prescription drugs, prescription drug prescribers and dispensers, and colleges of pharmacy; authorizing a reduction in fees.

Spectrum: Bipartisan Bill

Status: (Passed) 2017-06-09 - Effective on 9/1/17 [HB2561 Detail]

Download: Texas-2017-HB2561-Comm_Sub.html
  85R16175 EES-D
 
  By: Thompson of Harris H.B. No. 2561
 
  Substitute the following for H.B. No. 2561:
 
  By:  Price C.S.H.B. No. 2561
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas State Board
  of Pharmacy; authorizing a reduction in fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 481.074(q), Health and Safety Code, is
  amended to read as follows:
         (q)  Each dispensing pharmacist shall send all required
  information, including any information required to complete the
  Schedule III through V prescription forms, to the board by
  electronic transfer or another form approved by the board not later
  than the next business [seventh] day after the date the
  prescription is completely filled.
         SECTION 2.  Section 481.075(i), Health and Safety Code, is
  amended to read as follows:
         (i)  Each dispensing pharmacist shall:
               (1)  fill in on the official prescription form or note
  in the electronic prescription record each item of information
  given orally to the dispensing pharmacy under Subsection (h) and
  the date the prescription is filled, and:
                     (A)  for a written prescription, fill in the
  dispensing pharmacist's signature; or
                     (B)  for an electronic prescription,
  appropriately record the identity of the dispensing pharmacist in
  the electronic prescription record;
               (2)  retain with the records of the pharmacy for at
  least two years:
                     (A)  the official prescription form or the
  electronic prescription record, as applicable; and
                     (B)  the name or other patient identification
  required by Section 481.074(m) or (n); and
               (3)  send all required information, including any
  information required to complete an official prescription form or
  electronic prescription record, to the board by electronic transfer
  or another form approved by the board not later than the next
  business [seventh] day after the date the prescription is
  completely filled.
         SECTION 3.  Section 481.0761, Health and Safety Code, is
  amended by adding Subsections (h), (i), and (j) to read as follows:
         (h)  The board, in consultation with the department and the
  regulatory agencies listed in Section 481.076(a)(1), shall
  identify prescribing practices that may be potentially harmful and
  patient prescription patterns that may suggest drug diversion or
  drug abuse. The board shall determine the conduct that constitutes
  a potentially harmful prescribing pattern or practice and develop
  indicators for levels of prescriber or patient activity that
  suggest a potentially harmful prescribing pattern or practice may
  be occurring or drug diversion or drug abuse may be occurring.
         (i)  The board, based on the indicators developed under
  Subsection (h), may send an electronic notification to a dispenser
  or prescriber if the information submitted under Section 481.074(q)
  or 481.075 indicates a potentially harmful prescribing pattern or
  practice may be occurring or drug diversion or drug abuse may be
  occurring.
         (j)  The board by rule may develop guidelines identifying
  behavior suggesting a patient is obtaining controlled substances
  that indicate drug diversion or drug abuse is occurring. A
  pharmacist who observes behavior described by this subsection by a
  person who is to receive a controlled substance shall access the
  information under Section 481.076(a)(5) regarding the patient for
  whom the substance is to be dispensed.
         SECTION 4.  Subchapter C, Chapter 481, Health and Safety
  Code, is amended by adding Sections 481.0763 and 481.0764 to read as
  follows:
         Sec. 481.0763.  DUTY OF PHARMACISTS. A pharmacist must
  access information under Section 481.076(a)(5) with respect to a
  patient before dispensing opioids, benzodiazepines, barbiturates,
  or carisoprodol for the patient.
         Sec. 481.0764.  REPORTS OF WHOLESALE DISTRIBUTORS. (a) A
  wholesale distributor shall report to the board the information
  that the distributor is required to report to the Automation of
  Reports and Consolidated Orders System (ARCOS) of the Federal Drug
  Enforcement Administration for the distribution of a controlled
  substance by the distributor to a person in this state. The
  distributor shall report the information to the board in the same
  format and with the same frequency as the information is reported to
  ARCOS.
         (b)  Information reported to the board under Subsection (a)
  is confidential and not subject to disclosure under Chapter 552,
  Government Code.
         SECTION 5.  Section 551.005, Occupations Code, is amended to
  read as follows:
         Sec. 551.005.  APPLICATION OF SUNSET ACT. The Texas State
  Board of Pharmacy is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the board is abolished and this subtitle expires September
  1, 2029 [2017].
         SECTION 6.  Section 552.006, Occupations Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (b)  The training program must provide the person with
  information regarding:
               (1)  the law governing the board's operations;
               (2)  [this subtitle and] the programs, functions,
  rules, and budget of the board;
               (3)  the scope of and limitations on the rulemaking
  authority of the board;
               (4) [(2)]  the results of the most recent formal audit
  of the board;
               (5) [(3)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties; and
               (6) [(4)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (d)  The executive director shall create a training manual
  that includes the information required by Subsection (b). The
  executive director shall distribute a copy of the training manual
  annually to each board member. On receipt of the training manual,
  each board member shall sign and submit to the executive director a
  statement acknowledging receipt of the training manual. The board
  shall publish a copy of each signed statement on the board's
  Internet website.
         SECTION 7.  Section 553.003(b), Occupations Code, is amended
  to read as follows:
         (b)  The executive director is a full-time employee of the
  board and shall:
               (1)  serve as secretary to the board; [and]
               (2)  perform the regular administrative functions of
  the board and any other duty as the board directs; and
               (3)  under the direction of the board, perform the
  duties required by this subtitle or designated by the board.
         SECTION 8.  Subchapter A, Chapter 554, Occupations Code, is
  amended by adding Section 554.0011 to read as follows:
         Sec. 554.0011.  USE OF ALTERNATIVE RULEMAKING AND DISPUTE
  RESOLUTION. (a) The board shall develop a policy to encourage the
  use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 9.  Section 558.051(a), Occupations Code, is amended
  to read as follows:
         (a)  To qualify for a license to practice pharmacy, an
  applicant for licensing by examination must submit to the board:
               (1)  a license fee set by the board; and
               (2)  a completed application on a form prescribed by
  the board with satisfactory sworn evidence that the applicant:
                     (A)  is at least 18 years of age;
                     (B)  [is of good moral character;
                     [(C)]  has completed a minimum of a 1,000-hour
  internship or other program that has been approved by the board or
  has demonstrated, to the board's satisfaction, experience in the
  practice of pharmacy that meets or exceeds the board's minimum
  internship requirements;
                     (C) [(D)]  has graduated and received a
  professional practice degree, as defined by board rule, from an
  accredited pharmacy degree program approved by the board;
                     (D) [(E)]  has passed the examination required by
  the board; and
                     (E) [(F)]  has not had a pharmacist license
  granted by another state restricted, suspended, revoked, or
  surrendered, for any reason.
         SECTION 10.  Section 558.101(a), Occupations Code, is
  amended to read as follows:
         (a)  To qualify for a license to practice pharmacy, an
  applicant for licensing by reciprocity must:
               (1)  submit to the board:
                     (A)  a reciprocity fee set by the board; and
                     (B)  a completed application in the form
  prescribed by the board, given under oath;
               (2)  [be of good moral character;
               [(3)]  have graduated and received a professional
  practice degree, as defined by board rule, from an accredited
  pharmacy degree program approved by the board;
               (3) [(4)]  have presented to the board:
                     (A)  proof of current or initial licensing by
  examination; and
                     (B)  proof that the current license and any other
  license granted to the applicant by another state has not been
  restricted, suspended, revoked, or surrendered for any reason; and
               (4) [(5)]  pass the Texas Pharmacy Jurisprudence
  examination.
         SECTION 11.  Section 559.003, Occupations Code, is amended
  by adding Subsection (f) to read as follows:
         (f)  The board may refuse to renew a license to practice
  pharmacy for a license holder who is in violation of a board order.
         SECTION 12.  Section 568.002(c), Occupations Code, is
  amended to read as follows:
         (c)  An applicant for registration as a pharmacy technician
  or a pharmacy technician trainee must[:
               [(1)  be of good moral character; and
               [(2)]  submit an application on a form prescribed by
  the board.
         SECTION 13.  Section 568.004, Occupations Code, is amended
  to read as follows:
         Sec. 568.004.  RENEWAL OF REGISTRATION.  (a) The board may
  adopt a system in which the registrations of pharmacy technicians
  and pharmacy technician trainees expire on various dates during the
  year.
         (b)  To renew a pharmacy technician registration, the
  registrant must, before the expiration date of the registration:
               (1)  pay a renewal fee as determined by the board under
  Section 568.005; and
               (2)  comply with the continuing education requirements
  prescribed by the board in accordance with Section 568.0045.
         (c)  A person whose pharmacy technician registration has
  been expired for 90 days or less may renew the expired registration
  by paying to the board a renewal fee that is equal to one and
  one-half times the normally required renewal fee for the
  registration.
         (d)  A person whose pharmacy technician registration has
  been expired for more than 90 days but less than one year may renew
  the expired registration by paying to the board a renewal fee that
  is equal to two times the normally required renewal fee for the
  registration.
         (e)  A person whose pharmacy technician registration has
  been expired for one year or more may not renew the
  registration.  The person may register by complying with the
  requirements and procedures for initially registering, including
  the examination requirement.
         (f)  The board may refuse to renew a pharmacy technician
  registration for a registrant who is in violation of a board order.
         SECTION 14.  Chapter 568, Occupations Code, is amended by
  adding Section 568.0045 to read as follows:
         Sec. 568.0045.  RULES RELATING TO CONTINUING EDUCATION. The
  board shall adopt rules relating to the continuing education
  required for pharmacy technicians.  The rules must include
  requirements for:
               (1)  the number of hours of continuing education;
               (2)  the methods for meeting the continuing education
  requirements;
               (3)  the approval of continuing education programs;
               (4)  reporting completion of continuing education;
               (5)  records of completion of continuing education; and
               (6)  board audits to ensure compliance with the
  continuing education requirements.
         SECTION 15.  A pharmacist is not required to comply with a
  rule adopted under Section 481.0761(j), Health and Safety Code, as
  added by this Act, before January 1, 2018.
         SECTION 16.  Section 481.0763, Health and Safety Code, as
  added by this Act, applies only to a pharmacist who dispenses a
  controlled substance on or after January 1, 2018.
         SECTION 17.  (a) Except as provided by Subsection (b) of
  this section, Section 552.006, Occupations Code, as amended by this
  Act, applies to a member of the Texas State Board of Pharmacy
  appointed before, on, or after the effective date of this Act.
         (b)  A member of the Texas State Board of Pharmacy who,
  before the effective date of this Act, completed the training
  program required by Section 552.006, Occupations Code, as that law
  existed before the effective date of this Act, is required to
  complete additional training only on subjects added by this Act to
  the training program as required by Section 552.006, Occupations
  Code, as amended by this Act. A board member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the board held on or after December 1,
  2017, until the member completes the additional training.
         SECTION 18.  Sections 558.051, 558.101, and 568.002,
  Occupations Code, as amended by this Act, apply only to an
  application for a license to practice pharmacy or for registration
  as a pharmacy technician or pharmacy technician trainee filed on or
  after the effective date of this Act. An application for a license
  or registration filed before the effective date of this Act is
  governed by the law in effect on the date the application was filed,
  and the former law is continued in effect for that purpose.
         SECTION 19.  Section 559.003, Occupations Code, as amended
  by this Act, and Sections 568.004(b), (e), and (f), Occupations
  Code, as added by this Act, apply only to the renewal of a license to
  practice pharmacy or of a pharmacy technician registration on or
  after the effective date of this Act. The renewal of a license or
  registration before that date is governed by the law in effect
  immediately before the effective date of this Act, and the former
  law is continued in effect for that purpose.
         SECTION 20.  As soon as practicable after the effective date
  of this Act, the Texas State Board of Pharmacy shall adopt rules to
  reduce the amount of the fees imposed by the board for the renewal
  of an expired pharmacy technician registration to reflect the
  amounts provided for by Sections 568.004(c) and (d), Occupations
  Code, as added by this Act. A pharmacy technician who renews an
  expired registration certificate on or after the effective date of
  this Act shall pay the amount provided for by Section 568.004(c) or
  (d), Occupations Code, as added by this Act, instead of the amount
  provided for under board rules adopted before that date.
         SECTION 21.  This Act takes effect September 1, 2017.
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