Bill Text: TX HB2561 | 2017-2018 | 85th Legislature | Engrossed
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-Engrossed.html
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-Engrossed.html
By: Thompson of Harris | H.B. No. 2561 |
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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 [ |
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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 [ |
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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 [ |
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SECTION 6. Chapter 551, Occupations Code, is amended by | ||
adding Section 551.008 to read as follows: | ||
Sec. 551.008. CLAIM OR DEFENSE FOR PROHIBITED RULE OR | ||
POLICY. (a) A person may assert as an affirmative defense in an | ||
administrative hearing or as a claim or defense in a judicial | ||
proceeding under Chapter 37, Civil Practice and Remedies Code, that | ||
a board rule, regulation, or policy, or a penalty imposed by the | ||
board: | ||
(1) limits the ability of an applicant for a license or | ||
for registration under this subtitle to be licensed or registered | ||
based on a sincerely held religious belief of the applicant; or | ||
(2) burdens a license holder's or registrant's: | ||
(A) free exercise of religion, regardless of | ||
whether the burden is the result of a rule generally applicable to | ||
all license holders or registrants, as applicable; | ||
(B) freedom of speech regarding a sincerely held | ||
religious belief; or | ||
(C) membership in any religious organization. | ||
(b) Subsection (a) does not apply to a rule, regulation, or | ||
policy adopted or a penalty imposed by the board that results in a | ||
limitation or burden described by Subsection (a) if the rule, | ||
regulation, policy, or penalty is: | ||
(1) essential to enforcing a compelling governmental | ||
purpose; and | ||
(2) narrowly tailored to accomplish that purpose. | ||
(c) A person may bring an action for injunctive relief | ||
against a violation of this section. | ||
SECTION 7. 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) [ |
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rules, and budget of the board; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the board; | ||
(4) [ |
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of the board; | ||
(5) [ |
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(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) [ |
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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 8. 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; [ |
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(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 9. 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 10. 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) [ |
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[ |
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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) [ |
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professional practice degree, as defined by board rule, from an | ||
accredited pharmacy degree program approved by the board; | ||
(D) [ |
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the board; and | ||
(E) [ |
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granted by another state restricted, suspended, revoked, or | ||
surrendered, for any reason. | ||
SECTION 11. 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) [ |
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[ |
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practice degree, as defined by board rule, from an accredited | ||
pharmacy degree program approved by the board; | ||
(3) [ |
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(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) [ |
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examination. | ||
SECTION 12. 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 13. 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[ |
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[ |
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[ |
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the board. | ||
SECTION 14. 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 15. 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 16. 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 17. 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 18. (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 19. 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 20. 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 21. 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 22. This Act takes effect September 1, 2017. |