83R10338 MAW-F
 
  By: Van de Putte S.B. No. 1100
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the licensing and inspection of certain out-of-state
  pharmacies by the Texas State Board of Pharmacy; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 556, Occupations Code, is
  amended by adding Section 556.0551 to read as follows:
         Sec. 556.0551.  INSPECTION OF LICENSED OUT-OF-STATE
  PHARMACY. (a) The board may conduct a random inspection of a
  pharmacy that holds a Class E pharmacy license and that compounds
  sterile prescription drugs for delivery to patients in this state
  as necessary to ensure compliance with the safety standards and
  other requirements of this subtitle and board rules.
         (b)  The board by rule shall set fees in amounts reasonable
  and necessary to cover the costs incurred by the board in inspecting
  a pharmacy as provided by Subsection (a).
         SECTION 2.  Section 560.052, Occupations Code, is amended by
  amending Subsection (c) and adding Subsection (g) to read as
  follows:
         (c)  To qualify for a Class E pharmacy license, an applicant,
  in addition to satisfying the other requirements of this chapter,
  must provide to the board:
               (1)  evidence that the applicant holds a pharmacy
  license, registration, or permit in good standing issued by the
  state in which the pharmacy is located;
               (2)  the name of the owner and pharmacist-in-charge of
  the pharmacy for service of process;
               (3)  evidence of the applicant's ability to provide to
  the board a record of a prescription drug order dispensed by the
  applicant to a resident of this state not later than 72 hours after
  the time the board requests the record;
               (4)  an affidavit by the pharmacist-in-charge that
  states that the pharmacist has read and understands the laws and
  rules relating to a Class E pharmacy;
               (5)  proof of creditworthiness; and
               (6)  except as provided by Subsection (f) or (g), an
  inspection report issued:
                     (A)  not more than two years before the date the
  license application is received; and
                     (B)  by the pharmacy licensing board in the state
  of the pharmacy's physical location[, except as provided by
  Subsection (f)].
         (g)  A Class E pharmacy license may not be issued to a
  pharmacy that compounds sterile prescription drugs for delivery to
  patients in this state unless the pharmacy has been inspected by the
  board to ensure the pharmacy meets the safety standards and other
  requirements of this subtitle and board rules. The board by rule
  shall set fees in amounts reasonable and necessary to cover the
  costs incurred by the board in inspecting an applicant as required
  by this subsection.
         SECTION 3.  Not later than November 1, 2013, the Texas State
  Board of Pharmacy shall adopt rules as required by Section
  556.0551, Occupations Code, as added by this Act, and Section
  560.052, Occupations Code, as amended by this Act.
         SECTION 4.  Section 560.052, Occupations Code, as amended by
  this Act, applies only to an application for a pharmacy license
  submitted to the Texas State Board of Pharmacy on or after the
  effective date of this Act. An application submitted before the
  effective date of this Act is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2013.