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Relating to the revocation of a pharmacy license for failure to operate as a pharmacy.
According to the Legislative Budget Board, no fiscal impact to the state is implicated.
HB 3052 would allow the State Board of Pharmacy to begin the procedure of revoking a license for a pharmacy it discovers has been nonoperational for 30 days or more. The board would require a notice of revocation to be sent and allow a license holder 20 days to contest the revocation. A license holder would have to prove at a hearing that there is not a reason to revoke the license. If the three member panel determines the license holder was in violation they would immediately proceed with revocation. The Administrative Procedure Act would not apply to a determination made under this section.
Texas Action opposes HB 3052 which is inconsistent with limited government. There are any number of reasons a pharmacy may be nonoperational for 30 days. This bill would allow for revocation of a license to be rushed without sufficient due process for a license holder. For these reasons we oppose HB 3052.