By: Thompson of Harris H.B. No. 2561       A BILL TO BE ENTITLED   AN ACT   relating to the continuation and functions of the Texas State Board   of Pharmacy; authorizing a reduction in fees.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 481.074(q), Health and Safety Code, is   amended to read as follows:          (q)  Each dispensing pharmacist shall send all required   information, including any information required to complete the   Schedule III through V prescription forms, to the board by   electronic transfer or another form approved by the board not later   than the next business [seventh] day after the date the   prescription is completely filled.          SECTION 2.  Section 481.075(i), Health and Safety Code, is   amended to read as follows:          (i)  Each dispensing pharmacist shall:                (1)  fill in on the official prescription form or note   in the electronic prescription record each item of information   given orally to the dispensing pharmacy under Subsection (h) and   the date the prescription is filled, and:                      (A)  for a written prescription, fill in the   dispensing pharmacist's signature; or                      (B)  for an electronic prescription,   appropriately record the identity of the dispensing pharmacist in   the electronic prescription record;                (2)  retain with the records of the pharmacy for at   least two years:                      (A)  the official prescription form or the   electronic prescription record, as applicable; and                      (B)  the name or other patient identification   required by Section 481.074(m) or (n); and                (3)  send all required information, including any   information required to complete an official prescription form or   electronic prescription record, to the board by electronic transfer   or another form approved by the board not later than the next   business [seventh] day after the date the prescription is   completely filled.          SECTION 3.  Section 481.0761, Health and Safety Code, is   amended by adding Subsections (h), (i), and (j) to read as follows:          (h)  The board, in consultation with the department and the   regulatory agencies listed in Section 481.076(a)(1), shall   identify prescribing practices that may be potentially harmful and   patient prescription patterns that may suggest drug diversion or   drug abuse. The board shall determine the conduct that constitutes   a potentially harmful prescribing pattern or practice and develop   indicators for levels of prescriber or patient activity that   suggest a potentially harmful prescribing pattern or practice may   be occurring or drug diversion or drug abuse may be occurring.          (i)  The board, based on the indicators developed under   Subsection (h), may send an electronic notification to a dispenser   or prescriber if the information submitted under Section 481.074(q)   or 481.075 indicates a potentially harmful prescribing pattern or   practice may be occurring or drug diversion or drug abuse may be   occurring.          (j)  The board by rule may develop guidelines identifying   behavior suggesting a patient is obtaining controlled substances   that indicate drug diversion or drug abuse is occurring. A   pharmacist who observes behavior described by this subsection by a   person who is to receive a controlled substance shall access the   information under Section 481.076(a)(5) regarding the patient for   whom the substance is to be dispensed.          SECTION 4.  Subchapter C, Chapter 481, Health and Safety   Code, is amended by adding Sections 481.0763 and 481.0764 to read as   follows:          Sec. 481.0763.  DUTY OF PHARMACISTS. A pharmacist must   access information under Section 481.076(a)(5) with respect to a   patient before dispensing opioids, benzodiazepines, barbiturates,   or carisoprodol for the patient.          Sec. 481.0764.  REPORTS OF WHOLESALE DISTRIBUTORS. (a) A   wholesale distributor shall report to the board the information   that the distributor is required to report to the Automation of   Reports and Consolidated Orders System (ARCOS) of the Federal Drug   Enforcement Administration for the distribution of a controlled   substance by the distributor to a person in this state. The   distributor shall report the information to the board in the same   format and with the same frequency as the information is reported to   ARCOS.          (b)  Information reported to the board under Subsection (a)   is confidential and not subject to disclosure under Chapter 552,   Government Code.          SECTION 5.  Section 551.005, Occupations Code, is amended to   read as follows:          Sec. 551.005.  APPLICATION OF SUNSET ACT. The Texas State   Board of Pharmacy is subject to Chapter 325, Government Code (Texas   Sunset Act). Unless continued in existence as provided by that   chapter, the board is abolished and this subtitle expires September   1, 2029 [2017].          SECTION 6.  Chapter 551, Occupations Code, is amended by   adding Section 551.008 to read as follows:             Sec. 551.008.  CLAIM OR DEFENSE FOR PROHIBITED RULE OR   POLICY. (a) A person may assert as an affirmative defense in an   administrative hearing or as a claim or defense in a judicial   proceeding under Chapter 37, Civil Practice and Remedies Code, that   a board rule, regulation, or policy, or a penalty imposed by the   board:                (1)  limits the ability of an applicant for a license or   for registration under this subtitle to be licensed or registered   based on a sincerely held religious belief of the applicant; or                (2)  burdens a license holder's or registrant's:                      (A)  free exercise of religion, regardless of   whether the burden is the result of a rule generally applicable to   all license holders or registrants, as applicable;                      (B)  freedom of speech regarding a sincerely held   religious belief; or                      (C)  membership in any religious organization.          (b)  Subsection (a) does not apply to a rule, regulation, or   policy adopted or a penalty imposed by the board that results in a   limitation or burden described by Subsection (a) if the rule,   regulation, policy, or penalty is:                (1)  essential to enforcing a compelling governmental   purpose; and                (2)  narrowly tailored to accomplish that purpose.          (c)  A person may bring an action for injunctive relief   against a violation of this section.          SECTION 7.  Section 552.006, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing the board's operations;                (2)  [this subtitle and] the programs, functions,   rules, and budget of the board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4) [(2)]  the results of the most recent formal audit   of the board;                (5) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (6) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each board member. On receipt of the training manual,   each board member shall sign and submit to the executive director a   statement acknowledging receipt of the training manual. The board   shall publish a copy of each signed statement on the board's   Internet website.          SECTION 8.  Section 553.003(b), Occupations Code, is amended   to read as follows:          (b)  The executive director is a full-time employee of the   board and shall:                (1)  serve as secretary to the board; [and]                (2)  perform the regular administrative functions of   the board and any other duty as the board directs; and                (3)  under the direction of the board, perform the   duties required by this subtitle or designated by the board.          SECTION 9.  Subchapter A, Chapter 554, Occupations Code, is   amended by adding Section 554.0011 to read as follows:          Sec. 554.0011.  USE OF ALTERNATIVE RULEMAKING AND DISPUTE   RESOLUTION. (a) The board shall develop a policy to encourage the   use of:                (1)  negotiated rulemaking procedures under Chapter   2008, Government Code, for the adoption of board rules; and                (2)  appropriate alternative dispute resolution   procedures under Chapter 2009, Government Code, to assist in the   resolution of internal and external disputes under the board's   jurisdiction.          (b)  The board's procedures relating to alternative dispute   resolution must conform, to the extent possible, to any model   guidelines issued by the State Office of Administrative Hearings   for the use of alternative dispute resolution by state agencies.          (c)  The board shall:                (1)  coordinate the implementation of the policy   adopted under Subsection (a);                (2)  provide training as needed to implement the   procedures for negotiated rulemaking or alternative dispute   resolution; and                (3)  collect data concerning the effectiveness of those   procedures.          SECTION 10.  Section 558.051(a), Occupations Code, is   amended to read as follows:          (a)  To qualify for a license to practice pharmacy, an   applicant for licensing by examination must submit to the board:                (1)  a license fee set by the board; and                (2)  a completed application on a form prescribed by   the board with satisfactory sworn evidence that the applicant:                      (A)  is at least 18 years of age;                      (B)  [is of good moral character;                      [(C)]  has completed a minimum of a 1,000-hour   internship or other program that has been approved by the board or   has demonstrated, to the board's satisfaction, experience in the   practice of pharmacy that meets or exceeds the board's minimum   internship requirements;                      (C) [(D)]  has graduated and received a   professional practice degree, as defined by board rule, from an   accredited pharmacy degree program approved by the board;                      (D) [(E)]  has passed the examination required by   the board; and                      (E) [(F)]  has not had a pharmacist license   granted by another state restricted, suspended, revoked, or   surrendered, for any reason.          SECTION 11.  Section 558.101(a), Occupations Code, is   amended to read as follows:          (a)  To qualify for a license to practice pharmacy, an   applicant for licensing by reciprocity must:                (1)  submit to the board:                      (A)  a reciprocity fee set by the board; and                      (B)  a completed application in the form   prescribed by the board, given under oath;                (2)  [be of good moral character;                [(3)]  have graduated and received a professional   practice degree, as defined by board rule, from an accredited   pharmacy degree program approved by the board;                (3) [(4)]  have presented to the board:                      (A)  proof of current or initial licensing by   examination; and                      (B)  proof that the current license and any other   license granted to the applicant by another state has not been   restricted, suspended, revoked, or surrendered for any reason; and                (4) [(5)]  pass the Texas Pharmacy Jurisprudence   examination.          SECTION 12.  Section 559.003, Occupations Code, is amended   by adding Subsection (f) to read as follows:          (f)  The board may refuse to renew a license to practice   pharmacy for a license holder who is in violation of a board order.          SECTION 13.  Section 568.002(c), Occupations Code, is   amended to read as follows:          (c)  An applicant for registration as a pharmacy technician   or a pharmacy technician trainee must[:                [(1)  be of good moral character; and                [(2)]  submit an application on a form prescribed by   the board.          SECTION 14.  Section 568.004, Occupations Code, is amended   to read as follows:          Sec. 568.004.  RENEWAL OF REGISTRATION.  (a) The board may   adopt a system in which the registrations of pharmacy technicians   and pharmacy technician trainees expire on various dates during the   year.          (b)  To renew a pharmacy technician registration, the   registrant must, before the expiration date of the registration:                (1)  pay a renewal fee as determined by the board under   Section 568.005; and                (2)  comply with the continuing education requirements   prescribed by the board in accordance with Section 568.0045.          (c)  A person whose pharmacy technician registration has   been expired for 90 days or less may renew the expired registration   by paying to the board a renewal fee that is equal to one and   one-half times the normally required renewal fee for the   registration.          (d)  A person whose pharmacy technician registration has   been expired for more than 90 days but less than one year may renew   the expired registration by paying to the board a renewal fee that   is equal to two times the normally required renewal fee for the   registration.          (e)  A person whose pharmacy technician registration has   been expired for one year or more may not renew the   registration.  The person may register by complying with the   requirements and procedures for initially registering, including   the examination requirement.          (f)  The board may refuse to renew a pharmacy technician   registration for a registrant who is in violation of a board order.          SECTION 15.  Chapter 568, Occupations Code, is amended by   adding Section 568.0045 to read as follows:          Sec. 568.0045.  RULES RELATING TO CONTINUING EDUCATION. The   board shall adopt rules relating to the continuing education   required for pharmacy technicians.  The rules must include   requirements for:                (1)  the number of hours of continuing education;                (2)  the methods for meeting the continuing education   requirements;                (3)  the approval of continuing education programs;                (4)  reporting completion of continuing education;                (5)  records of completion of continuing education; and                (6)  board audits to ensure compliance with the   continuing education requirements.          SECTION 16.  A pharmacist is not required to comply with a   rule adopted under Section 481.0761(j), Health and Safety Code, as   added by this Act, before January 1, 2018.          SECTION 17.  Section 481.0763, Health and Safety Code, as   added by this Act, applies only to a pharmacist who dispenses a   controlled substance on or after January 1, 2018.          SECTION 18.  (a) Except as provided by Subsection (b) of   this section, Section 552.006, Occupations Code, as amended by this   Act, applies to a member of the Texas State Board of Pharmacy   appointed before, on, or after the effective date of this Act.          (b)  A member of the Texas State Board of Pharmacy who,   before the effective date of this Act, completed the training   program required by Section 552.006, Occupations Code, as that law   existed before the effective date of this Act, is required to   complete additional training only on subjects added by this Act to   the training program as required by Section 552.006, Occupations   Code, as amended by this Act. A board member described by this   subsection may not vote, deliberate, or be counted as a member in   attendance at a meeting of the board held on or after December 1,   2017, until the member completes the additional training.          SECTION 19.  Sections 558.051, 558.101, and 568.002,   Occupations Code, as amended by this Act, apply only to an   application for a license to practice pharmacy or for registration   as a pharmacy technician or pharmacy technician trainee filed on or   after the effective date of this Act. An application for a license   or registration filed before the effective date of this Act is   governed by the law in effect on the date the application was filed,   and the former law is continued in effect for that purpose.          SECTION 20.  Section 559.003, Occupations Code, as amended   by this Act, and Sections 568.004(b), (e), and (f), Occupations   Code, as added by this Act, apply only to the renewal of a license to   practice pharmacy or of a pharmacy technician registration on or   after the effective date of this Act. The renewal of a license or   registration before that date is governed by the law in effect   immediately before the effective date of this Act, and the former   law is continued in effect for that purpose.          SECTION 21.  As soon as practicable after the effective date   of this Act, the Texas State Board of Pharmacy shall adopt rules to   reduce the amount of the fees imposed by the board for the renewal   of an expired pharmacy technician registration to reflect the   amounts provided for by Sections 568.004(c) and (d), Occupations   Code, as added by this Act. A pharmacy technician who renews an   expired registration certificate on or after the effective date of   this Act shall pay the amount provided for by Section 568.004(c) or   (d), Occupations Code, as added by this Act, instead of the amount   provided for under board rules adopted before that date.          SECTION 22.  This Act takes effect September 1, 2017.