SB 460

84(R) - 2015
Senate Health & Human Services
Senate Health & Human Services
Health & Human Services
Licensing & Administrative Procedures

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Charles Schwertner

Bill Caption

Relating to the licensing and regulation of pharmacists and pharmacies.

Fiscal Notes

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.

Bill Analysis

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:

  1. failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;
  2. the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner; and
  3. the Texas State Board of Pharmacy (TSBP), through the executive director, has notified pharmacies in this state that pharmacists may dispense up to a 30-day supply of a dangerous drug.

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:

  • waived, discounted, or reduced, or offered to waive, discount, or reduce, a patient co-payment or deductible for a compounded drug in the absence of: a legitimate, documented financial hardship of the patient; or evidence of a good faith effort to collect the co-payment or deductible from the patient.

Vote Recommendation Notes

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.