H.B. No. 2561

	AN ACT
	relating to the continuation and functions of the Texas State Board
	of Pharmacy and the regulation of certain prescription drugs,
	prescription drug prescribers and dispensers, and colleges of
	pharmacy; authorizing a reduction in fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 481.003(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The director may adopt rules to administer and enforce
	this chapter, other than Sections 481.073, 481.074, 481.075,
	481.076, [and] 481.0761, 481.0762, 481.0763, 481.0764, 481.0765,
	and 481.0766.  The board may adopt rules to administer Sections
	481.073, 481.074, 481.075, 481.076, [and] 481.0761, 481.0762,
	481.0763, 481.0764, 481.0765, and 481.0766.
	SECTION 2.  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 3.  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 4.  Sections 481.076(a) and (d), Health and Safety
	Code, are amended to read as follows:
	(a)  The board may not permit any person to have access to
	information submitted to the board under Section 481.074(q) or
	481.075 except:
	(1)  [an investigator for] the board, the Texas Medical
	Board, the Texas State Board of Podiatric Medical Examiners, the
	State Board of Dental Examiners, the State Board of Veterinary
	Medical Examiners, the Texas Board of Nursing, or the Texas
	Optometry Board for the purpose of:
	(A)  investigating a specific license holder; or
	(B)  monitoring for potentially harmful
	prescribing or dispensing patterns or practices under Section
	481.0762;
	(2)  an authorized officer or member of the department
	or authorized employee of the board engaged in the administration,
	investigation, or enforcement of this chapter or another law
	governing illicit drugs in this state or another state;
	(3)  the department on behalf of a law enforcement or
	prosecutorial official engaged in the administration,
	investigation, or enforcement of this chapter or another law
	governing illicit drugs in this state or another state;
	(4)  a medical examiner conducting an investigation;
	(5)  provided that accessing the information is
	authorized under the Health Insurance Portability and
	Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
	adopted under that Act:
	(A)  a pharmacist or a pharmacy technician, as
	defined by Section 551.003, Occupations Code, acting at the
	direction of a pharmacist; or
	(B)  a practitioner who:
	(i)  is a physician, dentist, veterinarian,
	podiatrist, optometrist, or advanced practice nurse or is a
	physician assistant described by Section 481.002(39)(D) or an
	employee or other agent of a practitioner acting at the direction of
	a practitioner; and
	(ii)  is inquiring about a recent Schedule
	II, III, IV, or V prescription history of a particular patient of
	the practitioner[, provided that the person accessing the
	information is authorized to do so under the Health Insurance
	Portability and Accountability Act of 1996 (Pub. L. No.   104-191)
	and rules adopted under that Act];
	(6)  a pharmacist or practitioner who is inquiring
	about the person's own dispensing or prescribing activity; or
	(7)  one or more states or an association of states with
	which the board has an interoperability agreement, as provided by
	Subsection (j).
	(d)  Information submitted to the board under this section
	may be used only for:
	(1)  the administration, investigation, or enforcement
	of this chapter or another law governing illicit drugs in this state
	or another state;
	(2)  investigatory, [or] evidentiary, or monitoring
	purposes in connection with the functions of an agency listed in
	Subsection (a)(1);
	(3)  the prescribing and dispensing of controlled
	substances by a person listed in Subsection (a)(5); or
	(4) [(3)]  dissemination by the board to the public in
	the form of a statistical tabulation or report if all information
	reasonably likely to reveal the identity of each patient,
	practitioner, or other person who is a subject of the information
	has been removed.
	SECTION 5.  Section 481.0761, Health and Safety Code, is
	amended by adding Subsections (h), (i), (j), and (k) 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.
	(k)  The board by rule may develop guidelines identifying
	patterns that may indicate that a particular patient to whom a
	controlled substance is prescribed or dispensed is engaging in drug
	abuse or drug diversion. These guidelines may be based on the
	frequency of prescriptions issued to and filled by the patient, the
	types of controlled substances prescribed, and the number of
	prescribers who prescribe controlled substances to the patient.
	The board may, based on the guidelines developed under this
	subsection, send a prescriber or dispenser an electronic
	notification if there is reason to believe that a particular
	patient is engaging in drug abuse or drug diversion.
	SECTION 6.  Subchapter C, Chapter 481, Health and Safety
	Code, is amended by adding Sections 481.0762, 481.0763, 481.0764,
	481.0765, and 481.0766 to read as follows:
	Sec. 481.0762.  MONITORING BY REGULATORY AGENCY. (a) Each
	regulatory agency that issues a license, certification, or
	registration to a prescriber shall promulgate specific guidelines
	for prescribers regulated by that agency for the responsible
	prescribing of opioids, benzodiazepines, barbiturates, or
	carisoprodol.
	(b)  A regulatory agency that issues a license,
	certification, or registration to a prescriber shall periodically
	access the information submitted to the board under Sections
	481.074(q) and 481.075 to determine whether a prescriber is
	engaging in potentially harmful prescribing patterns or practices.
	(c)  If the board sends a prescriber an electronic
	notification authorized under Section 481.0761(i), the board shall
	immediately send an electronic notification to the appropriate
	regulatory agency.
	(d)  In determining whether a potentially harmful
	prescribing pattern or practice is occurring, the appropriate
	regulatory agency, at a minimum, shall consider:
	(1)  the number of times a prescriber prescribes
	opioids, benzodiazepines, barbiturates, or carisoprodol; and
	(2)  for prescriptions described by Subdivision (1),
	patterns of prescribing combinations of those drugs and other
	dangerous combinations of drugs identified by the board.
	(e)  If, during a periodic check under this section, the
	regulatory agency finds evidence that a prescriber may be engaging
	in potentially harmful prescribing patterns or practices, the
	regulatory agency may notify that prescriber.
	(f)  A regulatory agency may open a complaint against a
	prescriber if the agency finds evidence during a periodic check
	under this section that the prescriber is engaging in conduct that
	violates this subchapter or any other statute or rule.
	Sec. 481.0763.  REGISTRATION BY REGULATORY AGENCY. A
	regulatory agency that issues a license, certification, or
	registration to a prescriber or dispenser shall provide the board
	with any necessary information for each prescriber or dispenser,
	including contact information for the notifications described by
	Sections 481.0761(i) and (k), to register the prescriber or
	dispenser with the system by which the prescriber or dispenser
	receives information as authorized under Section 481.076(a)(5).
	Sec. 481.0764.  DUTIES OF PRESCRIBERS, PHARMACISTS, AND
	RELATED HEALTH CARE PRACTITIONERS. (a) A person authorized to
	receive information under Section 481.076(a)(5), other than a
	veterinarian, shall access that information with respect to the
	patient before prescribing or dispensing opioids, benzodiazepines,
	barbiturates, or carisoprodol.
	(b)  A person authorized to receive information under
	Section 481.076(a)(5) may access that information with respect to
	the patient before prescribing or dispensing any controlled
	substance.
	(c)  A veterinarian authorized to access information under
	Subsection (b) regarding a controlled substance may access the
	information for prescriptions dispensed only for the animals of an
	owner and may not consider the personal prescription history of the
	owner.
	(d)  A violation of Subsection (a) is grounds for
	disciplinary action by the regulatory agency that issued a license,
	certification, or registration to the person who committed the
	violation.
	(e)  This section does not grant a person the authority to
	issue prescriptions for or dispense controlled substances.
	Sec. 481.0765.  EXCEPTIONS. (a) A prescriber is not subject
	to the requirements of Section 481.0764(a) if:
	(1)  the patient has been diagnosed with cancer or the
	patient is receiving hospice care; and
	(2)  the prescriber clearly notes in the prescription
	record that the patient was diagnosed with cancer or is receiving
	hospice care, as applicable.
	(b)  A dispenser is not subject to the requirements of
	Section 481.0764(a) if it is clearly noted in the prescription
	record that the patient has been diagnosed with cancer or is
	receiving hospice care.
	(c)  A prescriber or dispenser is not subject to the
	requirements of Section 481.0764(a) and a dispenser is not subject
	to a rule adopted under Section 481.0761(j) if the prescriber or
	dispenser makes a good faith attempt to comply but is unable to
	access the information under Section 481.076(a)(5) because of
	circumstances outside the control of the prescriber or dispenser.
	Sec. 481.0766.  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 7.  (a) Subtitle A, Title 6, Health and Safety Code,
	is amended by adding Chapter 442 to read as follows:
	CHAPTER 442. DONATION OF PRESCRIPTION DRUGS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 442.001.  DEFINITIONS. In this chapter:
	(1)  "Donor" means an individual who donates unused
	prescription drugs under this chapter to a participating provider.
	(2)  "Health care facility" means a facility that
	provides health care services to patients and maintains a pharmacy
	in the facility.  The term includes the following facilities if a
	pharmacy is maintained in the facility:
	(A)  a general or special hospital as defined by
	Chapter 241;
	(B)  an ambulatory surgical center licensed under
	Chapter 243; and
	(C)  an institution licensed under Chapter 242.
	(3)  "Health care professional" means an individual
	licensed, certified, or otherwise authorized to administer health
	care and prescribe prescription drugs, for profit or otherwise, in
	the ordinary course of business or professional practice. The term
	does not include a health care facility.
	(4)  "Participating provider" means a health care
	facility or pharmacy, or a pharmacist who is an employee of the
	facility or pharmacy, that elects to participate in the collection
	and redistribution of donated prescription drugs under this
	chapter.
	(5)  "Pharmacist" means a person licensed under Chapter
	558, Occupations Code.
	(6)  "Pharmacy" means an entity licensed under Chapter
	560, Occupations Code.
	(7)  "Prescription drug" has the meaning assigned by
	Section 551.003, Occupations Code.
	(8)  "Recipient" means an individual who voluntarily
	receives donated prescription drugs under this chapter.
	(9)  "Tamper-evident" means packaging that allows for
	detection of unauthorized access to a prescription drug.
	Sec. 442.002.  RULEMAKING AUTHORITY. The executive
	commissioner may adopt rules to implement this chapter.
	Sec. 442.003.  CONSTRUCTION WITH OTHER LAW. This chapter
	does not limit the authority of this state or a political
	subdivision of this state to regulate or prohibit a prescription
	drug.
	SUBCHAPTER B. DONATION AND REDISTRIBUTION OF UNUSED PRESCRIPTION
	DRUGS
	Sec. 442.051.  DONATION AND REDISTRIBUTION OF PRESCRIPTION
	DRUGS. (a)  A donor may donate unused prescription drugs to a
	participating provider in accordance with this chapter and rules
	adopted under this chapter.
	(b)  A participating provider may dispense donated
	prescription drugs to a recipient in accordance with this chapter
	and rules adopted under this chapter.
	Sec. 442.052.  STANDARDS FOR DONATION AND REDISTRIBUTION.
	(a)  The executive commissioner by rule shall adopt standards and
	procedures for:
	(1)  accepting, storing, labeling, and dispensing
	donated prescription drugs; and
	(2)  inspecting donated prescription drugs to
	determine whether the drugs are adulterated and whether the drugs
	are safe and suitable for redistribution.
	(b)  In adopting standards and procedures under this
	section, the executive commissioner shall ensure that the donation
	and redistribution process is consistent with public health and
	safety standards.
	Sec. 442.053.  REQUIREMENTS FOR DONATED PRESCRIPTION DRUGS.
	(a)  A donated prescription drug may be accepted or dispensed under
	this chapter only if the drug is in its original, unopened, sealed,
	and tamper-evident unit-dose packaging. A drug packaged in single
	unit doses may be accepted and dispensed if the outside packaging is
	opened but the single unit-dose packaging is unopened.
	(b)  A donated prescription drug may not be accepted or
	dispensed under this chapter if:
	(1)  the drug is a controlled substance;
	(2)  the drug is adulterated or misbranded;
	(3)  the drug is not stored in compliance with the
	drug's product label; or
	(4)  the United States Food and Drug Administration
	requires the drug to have a risk evaluation or mitigation strategy.
	(c)  A participating provider shall comply with all
	applicable provisions of state and federal law relating to the
	inspection, storage, labeling, and dispensing of prescription
	drugs.
	Sec. 442.054.  DONATION PROCESS. (a)  Before being
	dispensed to a recipient, a prescription drug donated under this
	chapter must be inspected by the participating provider in
	accordance with federal law, laws of this state, and department
	rule to determine whether the drug is adulterated or misbranded and
	whether the drug has been stored in compliance with the
	requirements of the product label.
	(b)  A donated prescription drug dispensed to a recipient
	under this chapter must be prescribed by a health care professional
	for use by the recipient.
	(c)  A participating provider may charge a handling fee not
	to exceed $20 to a recipient to cover the costs of inspecting,
	storing, labeling, and dispensing the donated prescription drug. A
	participating provider may not resell a prescription drug donated
	under this chapter. A donor may not sell a prescription drug to a
	participating provider.
	(d)  A participating provider may not submit a claim or
	otherwise seek reimbursement from any public or private third-party
	payor for donated prescription drugs dispensed to a recipient under
	this chapter. A public or private third-party payor is not required
	to provide reimbursement for donated drugs dispensed to a recipient
	under this chapter.
	Sec. 442.055.  DONOR FORM. Before donating a prescription
	drug under this chapter, a donor shall sign a form prescribed by the
	department stating that:
	(1)  the donor is the owner of the donated prescription
	drug;
	(2)  the donated prescription drug has been properly
	stored and the container has not been opened or tampered with;
	(3)  the donated prescription drug has not been
	adulterated or misbranded; and
	(4)  the donor is voluntarily donating the prescription
	drug.
	Sec. 442.056.  RECIPIENT FORM. Before accepting a donated
	prescription drug under this chapter, a recipient shall sign a form
	prescribed by the department stating that:
	(1)  the recipient acknowledges that the donor is not a
	pharmacist and the donor took ordinary care of the prescription
	drug;
	(2)  the recipient acknowledges that the donor is known
	to the participating provider and that there is no reason to believe
	that the prescription drug was improperly handled or stored;
	(3)  by accepting the prescription drug, the recipient
	accepts any risk that an accidental mishandling could create; and
	(4)  the recipient releases the donor, participating
	provider, and manufacturer of the drug from liability related to
	the prescription drug.
	Sec. 442.057.  LIMITATION OF LIABILITY. (a)  A donor or
	participating provider who acts in good faith in donating,
	accepting, storing, labeling, distributing, or dispensing
	prescription drugs under this chapter:
	(1)  is not criminally liable and is not subject to
	professional disciplinary action for those activities; and
	(2)  is not civilly liable for damages for bodily
	injury, death, or property damage that arises from those activities
	unless the injury, death, or damage arises from the donor or
	participating provider's recklessness or intentional conduct.
	(b)  A manufacturer of a prescription drug that donates a
	drug under this chapter is not, in the absence of bad faith,
	criminally or civilly liable for bodily injury, death, or property
	damage arising from the donation, acceptance, or dispensing of the
	drug, including the manufacturer's failure to communicate to a
	donor or other person:
	(1)  product or consumer information about the donated
	prescription drug; or
	(2)  the expiration date of the donated prescription
	drug.
	Sec. 442.058.  DATABASE OF PARTICIPATING PROVIDERS. The
	department shall establish and maintain an electronic database that
	lists each participating provider. The department shall post the
	database on its Internet website.
	(b)  If before implementing any provision of this section a
	state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 8.  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 9.  Chapter 551, Occupations Code, is amended by
	adding Sections 551.006 and 551.008 to read as follows:
	Sec. 551.006.  EXCLUSIVE AUTHORITY. Notwithstanding any
	other law, a pharmacist has the exclusive authority to determine
	whether or not to dispense a drug.
	Sec. 551.008.  PROHIBITION ON RULE VIOLATING SINCERELY HELD
	RELIGIOUS BELIEF. (a) All rules, regulations, or policies adopted
	by the board may not violate Chapter 110, Civil Practice and
	Remedies Code.
	(b)  A person may assert a violation of Subsection (a) 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.
	SECTION 10.  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)  the types of board rules, interpretations, and
	enforcement actions that may implicate federal antitrust law by
	limiting competition or impacting prices charged by persons engaged
	in a profession or business the board regulates, including rules,
	interpretations, and enforcement actions that:
	(A)  regulate the scope of practice of persons in
	a profession or business the board regulates;
	(B)  restrict advertising by persons in a
	profession or business the board regulates;
	(C)  affect the price of goods or services
	provided by persons in a profession or business the board
	regulates; and
	(D)  restrict participation in a profession or
	business the board regulates;
	(5) [(2)]  the results of the most recent formal audit
	of the board;
	(6) [(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
	(7) [(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 11.  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 12.  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 13.  Section 554.051(a-1), Occupations Code, is
	amended to read as follows:
	(a-1)  The board may adopt rules to administer Sections
	481.073, 481.074, 481.075, 481.076, [and] 481.0761, 481.0762,
	481.0763, 481.0764, 481.0765, and 481.0766, Health and Safety Code.
	SECTION 14.  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 15.  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 16.  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 17.  Section 562.110, Occupations Code, is amended
	by amending Subsections (a), (b), (d), (e), and (f) and adding
	Subsections (g), (h), and (i) to read as follows:
	(a)  In this section:
	(1)  "Provider pharmacy" means a Class A pharmacy that
	provides pharmacy services through a telepharmacy system at a
	remote dispensing site.
	(2)  "Remote dispensing site" means a location licensed
	as a telepharmacy that is authorized by a provider pharmacy through
	a telepharmacy system to store and dispense prescription drugs and
	devices, including dangerous drugs and controlled substances.
	(3)  "Telepharmacy[, "telepharmacy] system" means a
	system that monitors the dispensing of prescription drugs and
	provides for related drug use review and patient counseling
	services by an electronic method, including the use of the
	following types of technology:
	(A) [(1)]  audio and video;
	(B) [(2)]  still image capture; and
	(C) [(3)]  store and forward.
	(b)  A Class A or Class C pharmacy located in this state may
	provide pharmacy services, including the dispensing of drugs,
	through a telepharmacy system at locations separate from [in a
	facility that is not at the same location as] the Class A or Class C
	pharmacy.
	(d)  A telepharmacy system may be located only at:
	(1)  a health care facility in this state that is
	regulated by this state or the United States; or
	(2)  a remote dispensing site.
	(e)  The board shall adopt rules regarding the use of a
	telepharmacy system under this section, including:
	(1)  the types of health care facilities at which a
	telepharmacy system may be located under Subsection (d)(1), which
	must include the following facilities:
	(A)  a clinic designated as a rural health clinic
	regulated under 42 U.S.C. Section 1395x(aa)[, as amended]; and
	(B)  a health center as defined by 42 U.S.C.
	Section 254b[, as amended];
	(2)  the locations eligible to be licensed as remote
	dispensing sites, which must include locations in medically
	underserved areas, areas with a medically underserved population,
	and health professional shortage areas determined by the United
	States Department of Health and Human Services;
	(3)  licensing and operating requirements for remote
	dispensing sites, including:
	(A)  a requirement that a remote dispensing site
	license identify the provider pharmacy that will provide pharmacy
	services at the remote dispensing site;
	(B)  a requirement that a provider pharmacy be
	allowed to provide pharmacy services at not more than two remote
	dispensing sites;
	(C)  a requirement that a pharmacist employed by a
	provider pharmacy make at least monthly on-site visits to a remote
	dispensing site or more frequent visits if specified by board rule;
	(D)  a requirement that each month the perpetual
	inventory of controlled substances at the remote dispensing site be
	reconciled to the on-hand count of those controlled substances at
	the site by a pharmacist employed by the provider pharmacy;
	(E)  a requirement that a pharmacist employed by a
	provider pharmacy be physically present at a remote dispensing site
	when the pharmacist is providing services requiring the physical
	presence of the pharmacist, including immunizations;
	(F)  a requirement that a remote dispensing site
	be staffed by an on-site pharmacy technician who is under the
	continuous supervision of a pharmacist employed by the provider
	pharmacy;
	(G)  a requirement that all pharmacy technicians
	at a remote dispensing site be counted for the purpose of
	establishing the pharmacist-pharmacy technician ratio of the
	provider pharmacy, which, notwithstanding Section 568.006, may not
	exceed three pharmacy technicians for each pharmacist providing
	supervision;
	(H)  a requirement that, before working at a
	remote dispensing site, a pharmacy technician must:
	(i)  have worked at least one year at a
	retail pharmacy during the three years preceding the date the
	pharmacy technician begins working at the remote dispensing site;
	and
	(ii)  have completed a board-approved
	training program on the proper use of a telepharmacy system;
	(I)  a requirement that pharmacy technicians at a
	remote dispensing site may not perform extemporaneous sterile or
	nonsterile compounding but may prepare commercially available
	medications for dispensing, including the reconstitution of orally
	administered powder antibiotics; and
	(J)  any additional training or practice
	experience requirements for pharmacy technicians at a remote
	dispensing site;
	(4)  the areas that qualify under Subsection (f);
	(5) [(3)]  recordkeeping requirements; and
	(6) [(4)]  security requirements.
	(f)  A telepharmacy system located at a health care facility
	under Subsection (d)(1) may not be located in a community in which a
	Class A or Class C pharmacy is located as determined by board rule.
	If a Class A or Class C pharmacy is established in a community in
	which a telepharmacy system has been located under this section,
	the telepharmacy system may continue to operate in that community.
	(g)  A telepharmacy system located at a remote dispensing
	site under Subsection (d)(2) may not dispense a controlled
	substance listed in Schedule II as established by the commissioner
	of state health services under Chapter 481, Health and Safety Code,
	and may not be located within 22 miles by road of a Class A pharmacy.
	(h)  If a Class A pharmacy is established within 22 miles by
	road of a remote dispensing site that is currently operating, the
	remote dispensing site may continue to operate at that location.
	(i)  The board by rule shall require and develop a process
	for a remote dispensing site to apply for classification as a Class
	A pharmacy if the average number of prescriptions dispensed each
	day the remote dispensing site is open for business is more than
	125, as calculated each calendar year.
	SECTION 18.  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 19.  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 20.  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 21.  Section 89.051(b), Education Code, is amended
	to read as follows:
	(b)  The college shall be known as The Texas A&M University
	System Health Science Center Irma Lerma Rangel College of Pharmacy,
	and the primary building in which the school is operated shall be
	located in Kleberg County and must include "Irma Rangel" in its
	official name.
	SECTION 22.  (a) A joint interim committee is created to
	conduct an interim study on the monitoring of the prescribing and
	dispensing of controlled substances in this state.
	(b)  The joint interim committee shall be composed of three
	senators appointed by the lieutenant governor and three members of
	the house of representatives appointed by the speaker of the house
	of representatives.
	(c)  The lieutenant governor and speaker of the house of
	representatives shall each designate a co-chair from among the
	joint interim committee members.
	(d)  The joint interim committee shall convene at the joint
	call of the co-chairs.
	(e)  The joint interim committee has all other powers and
	duties provided to a special or select committee by the rules of the
	senate and house of representatives, by Subchapter B, Chapter 301,
	Government Code, and by policies of the senate and house committees
	on administration.
	(f)  The interim study conducted by the joint interim
	committee must:
	(1)  include the number of prescribers and dispensers
	registered to receive information electronically under Section
	481.076, Health and Safety Code, as amended by this Act;
	(2)  evaluate the accessing of information under
	Section 481.076, Health and Safety Code, as amended by this Act, by
	regulatory agencies to monitor persons issued a license,
	certification, or registration by those agencies;
	(3)  address any complaints, technical difficulties,
	or other issues with electronically accessing and receiving
	information under Section 481.076, Health and Safety Code, as
	amended by this Act;
	(4)  examine controlled substance prescribing and
	dispensing trends that may be affected by the passage and
	implementation of this Act;
	(5)  evaluate the use and effectiveness of electronic
	notifications sent to prescribers and dispensers under Sections
	481.0761(i) and (k), Health and Safety Code, as added by this Act;
	(6)  evaluate the use and effectiveness of identifying
	geographic anomalies in comparing delivery and dispensing data;
	(7)  evaluate the integration of any new data elements
	required to be reported under this Act;
	(8)  evaluate the existence and scope of diversion of
	controlled substances by animal owners to whom the substances are
	dispensed by veterinarians;
	(9)  explore the best methods for preventing the
	diversion of controlled substances by animal owners; and
	(10)  determine how any future reporting by dispensing
	veterinarians might best be tailored to fit the practice of
	veterinary medicine.
	(g)  The committee shall solicit feedback from regulatory
	agencies, prescribers, dispensers, and patients affected by the
	passage of this Act.
	(h)  The committee shall submit a report to the legislature
	on the results of the interim study, including any legislative
	recommendations for improvements to information access and
	controlled substance prescription monitoring, not later than
	January 1, 2019.
	(i)  Subject to available resources, the Texas Legislative
	Council shall provide legal and policy research, drafts of proposed
	legislation, and statistical analysis services to the joint interim
	committee for the purpose of the study required under this section.
	(j)  Notwithstanding Section 481.076, Health and Safety
	Code, as amended by this Act, or any other law relating to access to
	or disclosure of prescription drug information maintained by the
	Texas State Board of Pharmacy, the Texas State Board of Pharmacy
	shall disclose any information maintained by the board under
	Section 481.076, Health and Safety Code, to the Texas Legislative
	Council on request of the council for the purpose of assisting with
	the study required under this section.
	(k)  Not later than November 1, 2017, the lieutenant governor
	and speaker of the house of representatives shall appoint the
	members of the joint interim committee in accordance with this
	section.
	(l)  The joint interim committee created under this section
	is abolished and this section expires January 2, 2019.
	SECTION 23.  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 24.  Section 481.0764(a), Health and Safety Code, as
	added by this Act, applies only to:
	(1)  a prescriber other than a veterinarian who issues
	a prescription for a controlled substance on or after September 1,
	2019; or
	(2)  a person authorized by law to dispense a
	controlled substance other than a veterinarian who dispenses a
	controlled substance on or after September 1, 2019.
	SECTION 25.  Not later than December 1, 2017, the executive
	commissioner of the Health and Human Services Commission shall
	adopt the rules necessary for the implementation of Chapter 442,
	Health and Safety Code, as added by this Act.
	SECTION 26.  (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 27.  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 28.  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 29.  The Texas State Board of Pharmacy shall adopt
	rules under Section 562.110, Occupations Code, as amended by this
	Act, not later than January 1, 2018.
	SECTION 30.  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 31.  This Act takes effect September 1, 2017.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2561 was passed by the House on May 2,
	2017, by the following vote:  Yeas 145, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 2561 on May 26, 2017, by the following vote:  Yeas 131, Nays 15,
	1 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2561 was passed by the Senate, with
	amendments, on May 24, 2017, by the following vote:  Yeas 25, Nays
	6.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor