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Relating to the licensing and regulation of pharmacists and pharmacies.
No significant fiscal implication to the State is anticipated.
Based on the analysis of the Texas Medical Board and the Board of Pharmacy, duties and responsibilities associated with implementing the provisions of this bill could be accomplished by utilizing existing resources.
No fiscal implication to units of local government is anticipated.
This legislation would amend chapters in the Occupations Code and Health and Safety Code. The bill would authorize pharmacists to dispense not more than a 30-day supply of a dangerous drug without a practitioner’s authorization in a declared disaster if:
Prescribing practitioners would not be liable for an act or omission by a pharmacist in dispensing a dangerous drug under the language above.
In order for consumers and service recipients to direct complaints to TSBP, the bill would amend Chapter 555 of the Occupations Code to allow the board to display their contact information through an electronic messaging system at the place of business of each person that is regulated by TSBP. The bill would authorize TSBP to inspect the financial records of a facility that issues pharmacy licenses only in the course of an investigation of specific complaint. TSBP would be allowed to withhold the obtained financial information for confidential reasons.
In addition to the current pharmacy license application requirements outlined in Chapter 560 of the Occupations Code, the bill would require an applicant to include proof that no owner of the pharmacy for which the application is made has held a pharmacist license in this state or another state, if applicable, that has been restricted, suspended, revoked, or surrendered for any reason.
Current law prohibits pharmacies from renewing their license if it has been expired for one year or more. This bill would decrease the permissible renewal window from one year or more to 91 days or more. The pharmacy may obtain a new license by complying with the requirements and procedures for obtaining an original license.
The bill would also authorize TSBP to take disciplinary action against an applicant for or the holder of a pharmacy license if the board finds that the applicant or license holder has:
Allowing pharmacists to continue dispensing dangerous drugs to patients in a declared state of emergency ensures patients continue receiving their prescribed medications. While subjugating a pharmacy's financial records to a Texas State Board of Pharmacy inspection expands administrative oversight, it also holds a pharmacy accountable by enhancing transparency. We support SB 460 because it promotes transparency and accountability among pharmacists.