Bill Introduced in Texas Allowing Out-of-State Inspections

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.