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AN ACT
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relating to the regulation of the practice of pharmacy; authorizing |
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fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (e), Section 353.204, Occupations |
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Code, is amended to read as follows: |
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(e) The Texas State Board of Pharmacy is responsible for |
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enforcing this chapter with regard to a violation of this chapter by |
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a pharmacist. A violation of this chapter by a pharmacist is |
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considered to be a violation of Subtitle J[, other than Chapter
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567]. |
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SECTION 2. Section 551.001, Occupations Code, is amended to |
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read as follows: |
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Sec. 551.001. SHORT TITLE. This [The chapters of this] |
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subtitle[, other than Chapter 567,] may be cited as the Texas |
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Pharmacy Act. |
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SECTION 3. Section 551.003, Occupations Code, is amended by |
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amending Subdivision (32) and adding Subdivision (32-a) to read as |
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follows: |
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(32) "Pharmacy technician" means an individual |
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employed by a pharmacy whose responsibility is to provide technical |
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services that do not require professional judgment regarding |
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preparing and distributing drugs and who works under the direct |
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supervision of and is responsible to a pharmacist. The term does |
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not include a pharmacy technician trainee. |
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(32-a) "Pharmacy technician trainee" means an |
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individual who is registered with the board as a pharmacy |
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technician trainee and is authorized to participate in a pharmacy |
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technician training program. |
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SECTION 4. Section 554.002, Occupations Code, is amended to |
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read as follows: |
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Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The |
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board shall regulate the practice of pharmacy in this state by: |
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(1) issuing a license after examination or by |
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reciprocity to an applicant qualified to practice pharmacy and |
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issuing a license to a pharmacy under this subtitle; |
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(2) renewing a license to practice pharmacy and a |
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license to operate a pharmacy; |
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(3) determining and issuing standards for recognizing |
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and approving degree requirements of colleges of pharmacy whose |
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graduates are eligible for a license in this state; |
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(4) specifying and enforcing requirements for |
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practical training, including an internship; |
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(5) enforcing the provisions of this subtitle relating |
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to: |
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(A) the conduct or competence of a pharmacist |
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practicing in this state and the conduct of a pharmacy operating in |
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this state; and |
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(B) the suspension, revocation, retirement, or |
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restriction of a license to practice pharmacy or to operate a |
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pharmacy or the imposition of an administrative penalty or |
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reprimand on a license holder; |
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(6) regulating the training, qualifications, and |
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employment of a pharmacist-intern, [and] pharmacy technician, and |
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pharmacy technician trainee; and |
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(7) determining and issuing standards for recognizing |
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and approving a pharmacy residency program for purposes of |
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Subchapter W, Chapter 61, Education Code. |
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SECTION 5. Subsection (b), Section 554.007, Occupations |
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Code, is amended to read as follows: |
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(b) The board may receive and spend money, or use gifts, |
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grants, and other funds and assets [from a party, other than the
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state], in addition to money collected under Subsection (a), in |
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accordance with state law. |
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SECTION 6. The heading to Section 554.053, Occupations |
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Code, is amended to read as follows: |
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Sec. 554.053. RULEMAKING: PHARMACY TECHNICIAN AND PHARMACY |
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TECHNICIAN TRAINEE. |
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SECTION 7. Subsections (a) and (b), Section 554.053, |
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Occupations Code, are amended to read as follows: |
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(a) The board shall establish rules for the use and the |
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duties of a pharmacy technician and pharmacy technician trainee in |
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a pharmacy licensed by the board. A pharmacy technician and |
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pharmacy technician trainee shall be responsible to and must be |
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directly supervised by a pharmacist. |
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(b) The board may not adopt a rule establishing a ratio of |
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pharmacists to pharmacy technicians and pharmacy technician |
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trainees in a Class C pharmacy or limiting the number of pharmacy |
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technicians or pharmacy technician trainees that may be used in a |
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Class C pharmacy. |
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SECTION 8. Section 557.004, Occupations Code, is amended to |
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read as follows: |
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Sec. 557.004. LIMITATIONS ON REGISTRATION. (a) The board |
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may: |
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(1) refuse to issue a registration to an applicant; or |
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(2) restrict, suspend, or revoke a pharmacist-intern |
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registration for a violation of this subtitle. |
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(b) The board may take disciplinary action against an |
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applicant for a pharmacist-intern registration or the holder of a |
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current or expired pharmacist-intern registration in the same |
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manner as against an applicant for a license or a license holder by |
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imposing a sanction authorized under Section 565.051 if the board |
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finds that the applicant or registration holder has engaged in |
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conduct described by Section 565.001. |
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SECTION 9. Section 559.003, Occupations Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person may not renew a license to practice pharmacy if |
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the person holds a license to practice pharmacy in another state |
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that has been suspended, revoked, canceled, or subject to an action |
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that prohibits the person from practicing pharmacy in that state. |
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SECTION 10. Subsection (b), Section 560.052, Occupations |
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Code, is amended to read as follows: |
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(b) To qualify for a pharmacy license, an applicant must |
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submit to the board: |
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(1) a license fee set by the board, except as provided |
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by Subsection (d); and |
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(2) a completed application that: |
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(A) is on a form prescribed by the board; |
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(B) is given under oath; [and] |
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(C) includes proof that a license held in this |
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state or another state, if applicable, has not been restricted, |
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suspended, revoked, or surrendered for any reason; and |
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(D) includes a statement of: |
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(i) the ownership; |
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(ii) the location of the pharmacy; |
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(iii) the license number of each pharmacist |
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who is employed by the pharmacy, if the pharmacy is located in this |
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state, or who is licensed to practice pharmacy in this state, if the |
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pharmacy is a Class E pharmacy; |
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(iv) the license number of the |
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pharmacist-in-charge; and |
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(v) any other information the board |
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determines necessary. |
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SECTION 11. Section 561.003, Occupations Code, is amended |
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by adding Subsection (f) to read as follows: |
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(f) A pharmacy may not renew a license under this section if |
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the pharmacy's license to operate in another state has been |
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suspended, revoked, canceled, or subject to an action that |
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prohibits the pharmacy from operating in that state. |
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SECTION 12. Section 562.012, Occupations Code, is amended |
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to read as follows: |
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Sec. 562.012. SUBSTITUTION OF DOSAGE FORM PERMITTED. With |
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the patient's consent [and notification to the practitioner], a |
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pharmacist may dispense a dosage form of a drug different from that |
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prescribed, such as a tablet instead of a capsule or a liquid |
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instead of a tablet, if the dosage form dispensed: |
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(1) contains the identical amount of the active |
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ingredients as the dosage prescribed for the patient; |
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(2) is not an enteric-coated or timed release product; |
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and |
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(3) does not alter desired clinical outcomes. |
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SECTION 13. Section 562.056, Occupations Code, is amended |
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by adding Subsection (a-1) and amending Subsection (b) to read as |
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follows: |
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(a-1) To be a valid prescription, a prescription for a |
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controlled substance must be issued for a legitimate medical |
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purpose by a practitioner acting in the usual course of the |
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practitioner's professional practice. The responsibility for the |
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proper prescribing and dispensing of controlled substances is on |
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the prescribing practitioner, but a corresponding responsibility |
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rests with the pharmacist who fills the prescription. |
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(b) This section [Subsection (a)] does not prohibit a |
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pharmacist from dispensing a prescription when a valid |
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practitioner-patient relationship is not present in an emergency. |
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SECTION 14. Section 562.103, Occupations Code, is amended |
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by amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) A Class A or Class C pharmacy that serves the public |
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shall: |
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(1) display the word "pharmacy" or a similar word or |
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symbol as determined by the board in a prominent place on the front |
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of the pharmacy; and |
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(2) display in public view the license of the |
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pharmacist-in-charge of [each pharmacist employed in] the |
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pharmacy. |
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(c) A pharmacy shall maintain and make available to the |
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public on request proof that each pharmacist, pharmacist-intern, |
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pharmacy technician, and pharmacist technician trainee working in |
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the pharmacy holds the appropriate license or registration. |
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SECTION 15. Subsection (a), Section 565.001, Occupations |
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Code, is amended to read as follows: |
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(a) The board may discipline an applicant for or the holder |
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of a current or expired license to practice pharmacy if the board |
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finds that the applicant or license holder has: |
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(1) violated this subtitle or a board rule adopted |
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under this subtitle; |
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(2) engaged in unprofessional conduct as defined by |
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board rule; |
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(3) engaged in gross immorality as defined by board |
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rule; |
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(4) developed an incapacity that prevents or could |
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prevent the applicant or license holder from practicing pharmacy |
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with reasonable skill, competence, and safety to the public; |
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(5) engaged in fraud, deceit, or misrepresentation, as |
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defined by board rule, in practicing pharmacy or in seeking a |
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license to practice pharmacy; |
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(6) been convicted of or placed on deferred |
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adjudication community supervision or deferred disposition or the |
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applicable federal equivalent for: |
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(A) a misdemeanor: |
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(i) involving moral turpitude; or |
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(ii) under Chapter 481 or 483, Health and |
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Safety Code, or the Comprehensive Drug Abuse Prevention and Control |
|
Act of 1970 (21 U.S.C. Section 801 et seq.); or |
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(B) a felony; |
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(7) used alcohol or drugs in an intemperate manner |
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that, in the board's opinion, could endanger a patient's life; |
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(8) failed to maintain records required by this |
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subtitle or failed to maintain complete and accurate records of |
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purchases or disposals of drugs listed in Chapter 481 or 483, Health |
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and Safety Code, or the Comprehensive Drug Abuse Prevention and |
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Control Act of 1970 (21 U.S.C. Section 801 et seq.); |
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(9) violated any provision of: |
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(A) Chapter 481 or 483, Health and Safety Code, |
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or the Comprehensive Drug Abuse Prevention and Control Act of 1970 |
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(21 U.S.C. Section 801 et seq.), or rules relating to one of those |
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laws; or |
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(B) Section 485.031, 485.032, 485.033, or |
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485.034, Health and Safety Code; |
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(10) aided or abetted an unlicensed person in the |
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practice of pharmacy if the pharmacist knew or reasonably should |
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have known that the person was unlicensed at the time; |
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(11) refused entry into a pharmacy for an inspection |
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authorized by this subtitle if the pharmacist received notification |
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from which the pharmacist knew or reasonably should have known that |
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the attempted inspection was authorized; |
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(12) violated any pharmacy or drug statute or rule of |
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this state, another state, or the United States; |
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(13) been negligent in the practice of pharmacy; |
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(14) failed to submit to an examination after hearing |
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and being ordered to do so by the board under Section 565.052; |
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(15) dispensed a prescription drug while acting |
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outside the usual course and scope of professional practice; |
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(16) been disciplined by a pharmacy board or by |
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another health [the] regulatory board of this state or another |
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state for conduct substantially equivalent to conduct described |
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under this subsection; |
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(17) violated a disciplinary order, including a |
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confidential order or contract under the program to aid impaired |
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pharmacists and pharmacy students under Chapter 564; |
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(18) failed to adequately supervise a task delegated |
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to a pharmacy technician or pharmacy technician trainee; |
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(19) inappropriately delegated a task delegated to a |
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pharmacy technician or pharmacy technician trainee; [or] |
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(20) been responsible for a drug audit shortage; or |
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(21) been convicted or adjudicated of a criminal |
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offense that requires registration as a sex offender under Chapter |
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62, Code of Criminal Procedure. |
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SECTION 16. Subsection (c), Section 565.055, Occupations |
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Code, is amended to read as follows: |
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(c) Notwithstanding Subsection (b), information or material |
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compiled by the board in connection with an investigation may be |
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disclosed: |
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(1) during any proceeding conducted by the State |
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Office of Administrative Hearings, to the board, or a panel of the |
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board, or in a subsequent trial or appeal of a board action or |
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order; |
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(2) to a person providing a service to the board, |
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including an expert witness, investigator, or employee of an entity |
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that contracts with the board, related to a disciplinary proceeding |
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against an applicant or license holder, or a subsequent trial or |
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appeal, if the information is necessary for preparation for, or a |
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presentation in, the proceeding; |
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(3) to an entity in another jurisdiction that: |
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(A) licenses or disciplines pharmacists or |
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pharmacies; or |
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(B) registers or disciplines pharmacy |
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technicians or pharmacy technician trainees; |
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(4) to a pharmaceutical or pharmacy peer review |
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committee as described under Chapter 564; |
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(5) to a law enforcement agency; |
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(6) to a person engaged in bona fide research, if all |
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information identifying a specific individual has been deleted; or |
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(7) to an entity that administers a board-approved |
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pharmacy technician certification examination [under a court
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order]. |
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SECTION 17. Subsection (a), Section 565.101, Occupations |
|
Code, is amended to read as follows: |
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(a) A person whose pharmacy license, license to practice |
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pharmacy, [or] pharmacy technician registration, or pharmacy |
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technician trainee registration in this state has been revoked or |
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restricted under this subtitle, whether voluntarily or by board |
|
action, may, after the first anniversary of the effective date of |
|
the revocation or restriction, petition the board for reinstatement |
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or removal of the restriction of the license or registration. |
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SECTION 18. The heading to Chapter 568, Occupations Code, |
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is amended to read as follows: |
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CHAPTER 568. PHARMACY TECHNICIANS AND PHARMACY |
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TECHNICIAN TRAINEES |
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SECTION 19. Section 568.001, Occupations Code, is amended |
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to read as follows: |
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Sec. 568.001. RULES; QUALIFICATIONS [RELATING TO PHARMACY
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TECHNICIANS]. (a) In establishing rules under Section |
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554.053(c), the board shall require that: |
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(1) a pharmacy technician: |
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(A) [(1)] have a high school diploma or a high |
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school equivalency certificate or be working to achieve an |
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equivalent diploma or certificate; and |
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(B) [(2)] have passed a board-approved pharmacy |
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technician certification examination; and |
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(2) a pharmacy technician trainee have a high school |
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diploma or a high school equivalency certificate or be working to |
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achieve an equivalent diploma or certificate. |
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(b) The board shall adopt rules that permit a pharmacy |
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technician and pharmacy technician trainee to perform only |
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nonjudgmental technical duties under the direct supervision of a |
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pharmacist. |
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SECTION 20. Section 568.002, Occupations Code, is amended |
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to read as follows: |
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Sec. 568.002. [PHARMACY TECHNICIAN] REGISTRATION REQUIRED. |
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(a) A person must register with the board before beginning work in |
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a pharmacy in this state as a pharmacy technician or a pharmacy |
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technician trainee [pharmacy technician must register with the
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board annually or biennially, as determined by board rule, on a form
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prescribed by the board]. |
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(b) The board may allow a pharmacy technician to petition |
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the board for a special exemption from the pharmacy technician |
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certification requirement if the pharmacy technician[:
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[(1)] is in a county with a population of less than |
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50,000[; or
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[(2)
on September 1, 2001, has been employed as a
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pharmacy technician in this state for at least 10 years and the
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technician's employer approves the petition]. |
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(c) An applicant for registration as a pharmacy technician |
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or a pharmacy technician trainee must: |
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(1) be of good moral character; and |
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(2) submit an application on a form prescribed by the |
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board. |
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(d) A person's registration as a pharmacy technician or |
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pharmacy technician trainee remains in effect as long as the person |
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meets the qualifications established by board rule. |
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SECTION 21. Subsection (a), Section 568.003, Occupations |
|
Code, is amended to read as follows: |
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(a) The board may take disciplinary action under Section |
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568.0035 against an applicant for or the holder of a current or |
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expired pharmacy technician or pharmacy technician trainee |
|
registration if the board determines that the applicant or |
|
registrant has: |
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(1) violated this subtitle or a rule adopted under |
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this subtitle; |
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(2) engaged in gross immorality, as that term is |
|
defined by the rules of the board; |
|
(3) engaged in any fraud, deceit, or |
|
misrepresentation, as those terms are defined by the rules of the |
|
board, in seeking a registration to act as a pharmacy technician or |
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pharmacy technician trainee; |
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(4) been convicted of or placed on deferred |
|
adjudication community supervision or deferred disposition or the |
|
applicable federal equivalent for: |
|
(A) a misdemeanor: |
|
(i) involving moral turpitude; or |
|
(ii) under Chapter 481 or 483, Health and |
|
Safety Code, or the Comprehensive Drug Abuse Prevention and Control |
|
Act of 1970 (21 U.S.C. Section 801 et seq.); or |
|
(B) a felony; |
|
(5) developed an incapacity that prevents the |
|
applicant or registrant from practicing as a pharmacy technician or |
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pharmacy technician trainee with reasonable skill, competence, and |
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safety to the public; |
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(6) violated: |
|
(A) Chapter 481 or 483, Health and Safety Code, |
|
or rules relating to those chapters; |
|
(B) Sections 485.031-485.035, Health and Safety |
|
Code; or |
|
(C) a rule adopted under Section 485.011, Health |
|
and Safety Code; |
|
(7) violated the pharmacy or drug laws or rules of this |
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state, another state, or the United States; |
|
(8) performed duties in a pharmacy that only a |
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pharmacist may perform, as defined by the rules of the board; |
|
(9) used alcohol or drugs in an intemperate manner |
|
that, in the board's opinion, could endanger a patient's life; |
|
(10) engaged in negligent, unreasonable, or |
|
inappropriate conduct when working in a pharmacy; |
|
(11) violated a disciplinary order; |
|
(12) been convicted or adjudicated of a criminal |
|
offense that requires registration as a sex offender under Chapter |
|
62, Code of Criminal Procedure; or |
|
(13) been disciplined by a pharmacy or other health |
|
regulatory board of this state or another state for conduct |
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substantially equivalent to conduct described by this subsection. |
|
SECTION 22. Subsection (a), Section 568.0035, Occupations |
|
Code, is amended to read as follows: |
|
(a) On a determination that a ground for discipline exists |
|
under Section 568.003, the board may: |
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(1) suspend the person's registration; |
|
(2) revoke the person's registration; |
|
(3) restrict the person's registration to prohibit the |
|
person from performing certain acts or from practicing as a |
|
pharmacy technician or pharmacy technician trainee in a particular |
|
manner for a term and under conditions determined by the board; |
|
(4) impose an administrative penalty under Chapter |
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566; |
|
(5) refuse to issue or renew the person's |
|
registration; |
|
(6) place the offender's registration on probation and |
|
supervision by the board for a period determined by the board and |
|
impose a requirement that the registrant: |
|
(A) report regularly to the board on matters that |
|
are the basis of the probation; |
|
(B) limit practice to the areas prescribed by the |
|
board; |
|
(C) continue or review professional education |
|
until the registrant attains a degree of skill satisfactory to the |
|
board in each area that is the basis of the probation; or |
|
(D) pay the board a probation fee to defray the |
|
costs of monitoring the registrant during the period of probation; |
|
(7) reprimand the person; |
|
(8) retire the person's registration as provided by |
|
board rule; or |
|
(9) impose more than one of the sanctions listed in |
|
this section. |
|
SECTION 23. Subsection (a), Section 568.0037, Occupations |
|
Code, is amended to read as follows: |
|
(a) The president of the board shall appoint a disciplinary |
|
panel consisting of three board members to determine whether a |
|
registration under this chapter should be temporarily suspended or |
|
restricted. If a majority of the panel determines from evidence or |
|
information presented to the panel that the registrant by |
|
continuation in practice as a pharmacy technician or pharmacy |
|
technician trainee would constitute a continuing threat to the |
|
public welfare, the panel shall temporarily suspend or restrict the |
|
registration as provided by Subsection (b). |
|
SECTION 24. Section 568.004, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt |
|
a system in which the registrations of pharmacy technicians and |
|
pharmacy technician trainees expire on various dates during the |
|
year. |
|
SECTION 25. Section 568.005, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 568.005. FEES. The board may adopt fees as necessary |
|
for the registration of pharmacy technicians and pharmacy |
|
technician trainees. |
|
SECTION 26. Section 568.006, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 568.006. RATIO OF PHARMACISTS TO PHARMACY TECHNICIANS |
|
AND PHARMACY TECHNICIAN TRAINEES. The ratio of pharmacists to |
|
pharmacy technicians and pharmacy technician trainees in a Class A |
|
pharmacy must be at least one pharmacist for every five pharmacy |
|
technicians or pharmacy technician trainees if the Class A pharmacy |
|
dispenses not more than 20 different prescription drugs and does |
|
not produce intravenous or intramuscular drugs on-site. |
|
SECTION 27. The heading to Section 568.008, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 568.008. PHARMACY TECHNICIANS IN HOSPITALS WITH |
|
CLINICAL PHARMACY PROGRAM. |
|
SECTION 28. Chapter 568, Occupations Code, is amended by |
|
adding Section 568.009 to read as follows: |
|
Sec. 568.009. CHANGE OF ADDRESS OR EMPLOYMENT. Not later |
|
than the 10th day after the date of a change of address or |
|
employment, a pharmacy technician or a pharmacy technician trainee |
|
shall notify the board in writing of the change. |
|
SECTION 29. Subsections (a) and (c), Section 569.001, |
|
Occupations Code, are amended to read as follows: |
|
(a) Every insurer or other entity providing pharmacist's |
|
professional liability insurance, pharmacy technician professional |
|
and supplemental liability insurance, or druggist's professional |
|
liability insurance covering a pharmacist, pharmacy technician, |
|
pharmacy technician trainee, or pharmacy license holder in this |
|
state shall submit to the board the information described in |
|
Section 569.002 at the time prescribed. |
|
(c) If a pharmacist, pharmacy technician, pharmacy |
|
technician trainee, or pharmacy licensed in this state does not |
|
carry or is not covered by pharmacist's professional liability |
|
insurance, pharmacy technician professional and supplemental |
|
liability insurance, or druggist's professional liability |
|
insurance and is insured by a nonadmitted carrier or other entity |
|
providing pharmacy professional liability insurance that does not |
|
report under this subtitle, the duty to report information under |
|
Section 569.002 is the responsibility of the pharmacist, pharmacy |
|
technician, pharmacy technician trainee, or pharmacy license |
|
holder. |
|
SECTION 30. Subsection (a), Section 569.002, Occupations |
|
Code, is amended to read as follows: |
|
(a) The following information must be furnished to the board |
|
not later than the 30th day after receipt by the insurer of the |
|
notice of claim letter or complaint from the insured: |
|
(1) the name of the insured and the insured's state |
|
pharmacy technician registration number, pharmacy technician |
|
trainee registration number, or pharmacist or pharmacy license |
|
number; |
|
(2) the policy number; and |
|
(3) a copy of the notice of claim letter or complaint. |
|
SECTION 31. Subsection (b), Section 569.005, Occupations |
|
Code, is amended to read as follows: |
|
(b) The board shall review the information relating to a |
|
pharmacist, pharmacy technician, pharmacy technician trainee, or |
|
pharmacy license holder against whom at least three professional |
|
liability claims have been reported within a five-year period in |
|
the same manner as if a complaint against the pharmacist, pharmacy |
|
technician, pharmacy technician trainee, or pharmacy license |
|
holder had been made under Chapter 555. |
|
SECTION 32. Subsection (i), Section 411.081, Government |
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Code, is amended to read as follows: |
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(i) A criminal justice agency may disclose criminal history |
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record information that is the subject of an order of nondisclosure |
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under Subsection (d) to the following noncriminal justice agencies |
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or entities only: |
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(1) the State Board for Educator Certification; |
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(2) a school district, charter school, private school, |
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regional education service center, commercial transportation |
|
company, or education shared service arrangement; |
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(3) the Texas Medical Board; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
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(5) the Board of Law Examiners; |
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(6) the State Bar of Texas; |
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(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
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(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Juvenile Justice Department [Youth
|
|
Commission]; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local mental retardation authority, or a |
|
community center providing services to persons with mental illness |
|
or retardation; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Texas Board of Nursing; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district; |
|
(18) [the Texas Juvenile Probation Commission;
|
|
[(19)] the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, the |
|
consumer credit commissioner, or the credit union commissioner; |
|
(19) [(20)] the Texas State Board of Public |
|
Accountancy; |
|
(20) [(21)] the Texas Department of Licensing and |
|
Regulation; |
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(21) [(22)] the Health and Human Services Commission; |
|
(22) [(23)] the Department of Aging and Disability |
|
Services; |
|
(23) [(24)] the Texas Education Agency; |
|
(24) [(25)] the Guardianship Certification Board; |
|
(25) [(26)] a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Chapter XIII, |
|
Texas Probate Code; |
|
(26) [(27)] the Department of Information Resources |
|
but only regarding an employee, applicant for employment, |
|
contractor, subcontractor, intern, or volunteer who provides |
|
network security services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(27) [(28)] the Court Reporters Certification Board; |
|
(28) [(29)] the Texas Department of Insurance; [and] |
|
(29) [(30)] the Teacher Retirement System of Texas; |
|
and |
|
(30) the Texas State Board of Pharmacy. |
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SECTION 33. The following provisions of the Occupations |
|
Code are repealed: |
|
(1) Chapter 567; and |
|
(2) Section 568.007. |
|
SECTION 34. This Act takes effect immediately if it |
|
receives a vote of two-thirds of all the members elected to each |
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
If this Act does not receive the vote necessary for immediate |
|
effect, this Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 869 passed the Senate on |
|
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 22, 2013, by the |
|
following vote: Yeas 31, Nays 0. |
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|
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______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 869 passed the House, with |
|
amendment, on May 17, 2013, by the following vote: Yeas 129, |
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Nays 5, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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|
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Approved: |
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______________________________ |
|
Date |
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______________________________ |
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Governor |