85R17898 EES-F     By: Roberts H.B. No. 3273     Substitute the following for H.B. No. 3273:     By:  Price C.S.H.B. No. 3273       A BILL TO BE ENTITLED   AN ACT   relating to the licensing and regulation of pharmacies,   pharmacists, and pharmacy technicians.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 551.003(9), Occupations Code, is amended   to read as follows:                (9)  "Compounding" means the preparation, mixing,   assembling, packaging, and [or] labeling of a drug or device:                      (A)  as the result of a practitioner's   prescription drug order based on the   practitioner-patient-pharmacist relationship in the course of   professional practice;                      (B)  for administration to a patient by a   practitioner as the result of a practitioner's initiative based on   the practitioner-patient-pharmacist relationship in the course of   professional practice;                      (C)  in anticipation of a prescription drug order   based on a routine, regularly observed prescribing pattern; or                      (D)  for or as an incident to research, teaching,   or chemical analysis and not for selling or dispensing, except as   allowed under Section 562.154 or Chapter 563.          SECTION 2.  Subchapter C, Chapter 560, Occupations Code, is   amended by adding Section 560.1025 to read as follows:          Sec. 560.1025.  PHARMACY OPERATIONS REQUIRED. The board   shall revoke a pharmacy license issued under this chapter if the   pharmacy has not begun operations as a pharmacy within six months   after the date the pharmacy license is issued.           SECTION 3.  Chapter 561, Occupations Code, is amended by   adding Section 561.006 to read as follows:          Sec. 561.006.  PROHIBITED ISSUANCE OF CERTAIN RENEWAL   CERTIFICATES. The board may not issue a license renewal   certificate for a pharmacy that the board determines, on inspection   of the address of the pharmacy on file with the board, is not   operating at that location.           SECTION 4.  Section 565.002(a), Occupations Code, is amended   to read as follows:          (a)  The board may discipline an applicant for or the holder   of a pharmacy license, including a Class E pharmacy license subject   to Section 565.003, if the board finds that the applicant or license   holder has:                (1)  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, 482, [or] 483, or   486, 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;                (2)  advertised a prescription drug or device in a   deceitful, misleading, or fraudulent manner;                (3)  violated any provision of this subtitle or any   rule adopted under this subtitle or that an owner or employee of a   pharmacy has violated any provision of this subtitle or any rule   adopted under this subtitle;                (4)  sold without legal authorization a prescription   drug or device to a person other than:                      (A)  a pharmacy licensed by the board;                      (B)  a practitioner;                      (C)  a person who procures a prescription drug or   device for lawful research, teaching, or testing, and not for   resale;                      (D)  a manufacturer or wholesaler licensed by the   commissioner of public health as required by Chapter 431, Health   and Safety Code; or                      (E)  a carrier or warehouseman;                (5)  allowed an employee who is not a pharmacist to   practice pharmacy;                (6)  sold an adulterated or misbranded prescription or   nonprescription drug;                (7)  failed to engage in or ceased to engage in the   business described in the application for a license;                (8)  failed to maintain records as required by this   subtitle, Chapter 481 or 483, Health and Safety Code, the   Comprehensive Drug Abuse Prevention and Control Act of 1970 (21   U.S.C. Section 801 et seq.), or any rule adopted under this subtitle   or Chapter 483, Health and Safety Code;                (9)  failed to establish and maintain effective   controls against diversion of prescription drugs into other than a   legitimate medical, scientific, or industrial channel as provided   by this subtitle, another state statute or rule, or a federal   statute or rule;                (10)  engaged in fraud, deceit, or misrepresentation as   defined by board rule in operating a pharmacy or in applying for a   license to operate a pharmacy;                (11)  violated a disciplinary order;                (12)  had [been responsible for] a drug audit shortage;                (13)  been disciplined by the regulatory board of   another state for conduct substantially equivalent to conduct   described under this subsection; or                (14)  waived, discounted, or reduced, or offered to   waive, discount, or reduce, a patient copayment or deductible for a   compounded drug in the absence of:                      (A)  a legitimate, documented financial hardship   of the patient; or                      (B)  evidence of a good faith effort to collect   the copayment or deductible from the patient.          SECTION 5.  Section 568.001(a), Occupations Code, is amended   to read as follows:          (a)  In establishing rules under Section 554.053(c), the   board shall require that:                (1)  a pharmacy technician:                      (A)  have a high school diploma or a high school   equivalency certificate or be working to achieve an equivalent   diploma or certificate; [and]                      (B)  have passed a board-approved pharmacy   technician certification examination; and                      (C)  have completed a training program that meets   criteria established by board rule; and                 (2)  a pharmacy technician trainee have a high school   diploma or a high school equivalency certificate or be working to   achieve an equivalent diploma or certificate.          SECTION 6.  Subchapter C, Chapter 481, Health and Safety   Code, is amended by adding Section 481.0751 to read as follows:          Sec. 481.0751.  SUBMISSION OF CERTAIN INFORMATION TO BOARD.   (a)  If any pharmacist who is an owner or employee of a pharmacy is   not required to submit information to the board under Section   481.074(q) or 481.075 for a seven-day period, the pharmacy shall   notify the board that the pharmacy did not fill a prescription that   required the submission of information under those sections during   that period. The pharmacy shall send the notice not later than the   seventh day after the last day of the period.          (b)  The board by rule shall establish a standardized process   for a pharmacy to transmit electronically the notification required   by this section.          SECTION 7.  Section 481.353(a), Health and Safety Code, is   amended to read as follows:          (a)  The work group shall meet as necessary at the call of the   chair [at least quarterly].          SECTION 8.  (a)  Sections 554.016, 556.0555, 560.001(c),   560.0525, and 562.111, Occupations Code, are repealed.          (b)  Subchapter E, Chapter 562, Occupations Code, is   repealed.          SECTION 9.  Section 565.002(a), Occupations Code, as amended   by this Act, applies only to conduct that occurs on or after the   effective date of this Act. Conduct that occurred before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose. For purposes of this section, conduct occurred   before the effective date of this Act if any part of the conduct   occurred before that date.          SECTION 10.  This Act takes effect September 1, 2017.